Terms & Conditions
Last updated: 19th March 2025
Introduction
These terms and conditions (Terms) apply when you use this website www.twilightfairyx.com (Website) including any newsletters or other content we may offer on our Website.
By using this Website, you agree to be bound by these Terms which form a binding contractual agreement between you and Zoë trading as TwilightFairyx (TwilightFairyx, our, we or us).
If you don’t agree to these Terms, you must refrain from using the Website and must not sign up for our newsletter.
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
Access and use of the website
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
Our website is not intended for use by individuals under the age of 18 – if you are under the age of 18 you must cease using this Website.
Posted materials
Warranties
By providing or posting any information, materials or other content on the Website, such as by posting a comment (Posted Material), you represent and warrant that:
All Posted Material must be polite and must not contain any offensive, derogatory or rude language or statements;
you are authorised to provide the Posted Material;
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.
Licence
You grant to TwilightFairyx a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for TwilightFairyx to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release TwilightFairyx from any and all claims that you could assert against TwilightFairyx by virtue of any such moral rights.
You indemnify TwilightFairyx against all damages, losses, costs and expenses incurred by TwilightFairyx arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
Removal
TwilightFairyx acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, TwilightFairyx may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.
Copyright disclaimer
The material on this Website is subject to copyright that is owned or licensed by TwilightFairyx, and we retain ownership of all copyright in the materials. You may only use the materials for personal use to view for your personal entertainment purposes only (Authorised Purpose).
Any unauthorised reprint or use of the materials is prohibited. You may make copies of the materials only in accordance with the Authorised Purpose. Otherwise, you must not copy, distribute, communicate, reproduce, transmit, alter, adapt, commercially exploit or otherwise use any materials without our express written consent.
Material on our Website may contain third party intellectual property rights, and we do not claim to own the intellectual property of a third party. We use such third party intellectual property for the purpose of review and/or criticism only.
Any opinions on the Website (including in any videos or newsletter) are solely a personal opinion based on our experiences, and we make no warranties. You should not rely on any information provided on our Website and should seek professional advice if relevant, and conduct your own due diligence, before relying on any information on our Website.
Your obligations
You must not:
copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
use the Website for any purpose other than the purposes of browsing our website and services;
use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
use the Website with the assistance of any automated scripting tool or software;
act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website;
attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
gaining unauthorised access to Website accounts or data;
scanning, probing or testing the Website for security vulnerabilities;
overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
instigate or participate in a denial-of-service attack against the Website; and
use the Website or any content contained in it for any artificial intelligence (AI), machine learning, chat bot, large language model or other automated analysis and/or generative process or replication program to reproduce mimic, remix, summarise, train from or otherwise replicate any part of this Website or the content on this Website.
Information on the website
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
the Website will be free from errors or defects;
the Website will be accessible at all times;
messages sent through the Website will be delivered promptly, or delivered at all;
information you receive or supply through the Website will be secure or confidential; or
any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
Intellectual property
We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.
Links to other websites
The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
Security
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
Reporting misuse
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Privacy
You agree to be bound by our Privacy Policy, which can be found here.
Liability
We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.
To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
General
Governing law and jurisdiction
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
Third party rights
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Waiver
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Severance
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
Joint and several liability
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
Assignment
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Entire agreement
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
Interpretation
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms (this agreement), and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation;
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(currency) a reference to £, or “pounds”, is to Pound Sterling currency, unless otherwise agreed in writing.