Terms and conditions

These Terms and Conditions, together with any and all other documents referred to in them, set out the terms of use under which you may use our website www.thisisthetree.com

Please read these Terms and Conditions carefully before you use our website, this includes accessing, browsing or contacting us through our website. By continuing using our website you are consenting to our Terms and Conditions. If you do not agree to comply and be bound by them, you must stop using our website immediately.

1. Information About Us

Our website www.thisisthetree.com is owned and operated by the tree, (trading name of Poppins Social Ltd) a digital content marketing agency which is a private limited company registered in Great Britain under number 15446115, whose registered office is at 43 Portland Place, Ground Floor, London, W1B 1QH. Our trading address is the tree house, 10c Printing House Yard, 15 Hackney Road, London E2 7PR.

2. Access to Our Site

It is your responsibility to make any and all arrangements necessary in order to access the website, and you are also responsible for ensuring all persons who access our website through your internet connection are aware of and comply with our Terms and Conditions.

Access to the tree website is free of charge, provided ‘as is’ and on an ‘as available’ basis. We may suspend, discontinue or amend all or any part of our website at any time and without notice. We will not be liable if our site or any part of it is unavailable at any time and for any period.

3. Intellectual Property Rights

All content included on the tree’s website and the copyright and other intellectual property rights in that content, unless specifically labelled otherwise, belongs to or has been licensed by the tree. All content is protected by applicable United Kingdom and international intellectual property laws and treaties.

You may:

  • Access, view and use our website in a web browser (including any web browsing capability built into other types of software or app);
  • Download our website (or any part of it) for caching;
  • Print one copy of any page from our website;
  • Download extracts from pages on our website; and
  • Save pages from our website for later and/or offline viewing.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status as the owner and author, (and that of identified licensors, as appropriate) of the content on the tree’s website must always be acknowledged.

You may not use any content saved or downloaded from our website for commercial purposes, without first obtaining a licence from the tree (or our licensors, as appropriate) to do so.

4. Links to the tree’s Website

You may link to the tree’s website provided that:

  • You do so in a fair and legal manner;
  • You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
  • You do not use any logos or trade-marks displayed on our website without our express written permission; and
  • You do not do so in a way that is calculated to damage the tree’s reputation or to take unfair advantage of it.
  • Framing or embedding of the tree’s website on other websites is not permitted without the tree’s express written permission. Please contact us at info@thisisthetree.com for further information.

You may not link to the tree’s website from any other site where the main content contains material that:

  • Is sexually explicit;
  • Is obscene, deliberately offensive, hateful or otherwise inflammatory;
  • Promotes violence;
  • Promotes or assists in any form of unlawful activity;
  • Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
  • Is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  • Is calculated or is otherwise likely to deceive another person;
  • Is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
  • Implies any form of affiliation with us where none exists;
  • Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade-marks and database rights) of any other party; or
  • Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

5. Links to Other Sites

Links to other sites may be included on the tree’s website, for information only and does not indicate any endorsement of the sites themselves or the information you may obtain from them. Unless expressly stated we have no control over these sites. We neither assume nor accept responsibility or liability for the content of any third-party site.

6. Disclaimers

The content on the tree’s website is provided for general information only. It is not intended to amount to advice on which you should rely. You should seek Professional or specialist advice before taking, or refraining from, any action relating to the content on our website.

Insofar as is permitted by law, the tree make no representation, warranty, or guarantee that our website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the content on our website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.

7. Our Liability

To the fullest extent permissible by law, the tree accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our website or the use of or reliance upon any content included on our website.

To the fullest extent permissible by law, the tree exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our website or any content included on our website.

If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

the tree exercise all reasonable skill and care to ensure that our website is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our website (including the downloading of any content from it) or any other site referred to on our website.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the tree’s website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

8. Viruses, Malware and Security

the tree exercise all reasonable skill and care to ensure that our website is secure and free from viruses and other malware.

You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our website.

You must not attempt to gain unauthorised access to any part of the tree’s website, the server on which our website is stored, or any other server, computer, or database connected to the tree’s website.

You must not attack our website by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching these provisions, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and the tree will cooperate fully with those authorities by disclosing your identity to them. Your right to use the tree’s website will cease immediately in the event of such a breach.

9. Acceptable Usage Policy

You may only use the tree’s website in a manner that is lawful. Specifically:

  • You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
  • You must not use our website in any way, or for any purpose, that is unlawful or fraudulent;
  • You must not use our website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
  • You must not use our website in any way, or for any purpose, that is intended to harm any person or persons in any way.

We reserve the right to suspend or terminate your access to our website if you materially breach the provisions of this Acceptable Usage Policy or any of the other provisions of these Terms and Conditions. Specifically, the tree may take one or more of the following actions:

  • Suspend, whether temporarily or permanently, your right to access our website;
  • Issue you with a written warning;
  • Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  • Take further legal action against you as appropriate;
  • Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
  • Any other actions which we deem reasonably appropriate (and lawful).

the tree hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.

10. Privacy and Cookies

Use of the tree’s website is also governed by our Cookie and Privacy Policies. These policies are incorporated into these Terms of Use by this reference.

11. Changes to these Terms and Conditions

We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of the tree’s website after the changes have been implemented. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms and Conditions and any previous version, the provisions current and in effect shall prevail unless it is expressly stated otherwise.

12. Contacting Us

To contact the tree please email Us at info@thisisthetree.com or using any of the methods provided on our contact page

13. Data Protection

All personal information that the tree may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (‘GDPR’) and your rights under the GDPR. For further information please refer to our Privacy Policy.

14. Law and Jurisdiction

These Terms and Conditions, and the relationship between you and the tree (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England and Wales.

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in the section above takes away or reduces your rights as a consumer to rely on those provisions.

If you are a consumer, any dispute, controversy, proceedings or claim between you and the tree relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and the tree, or any matters arising there from or associated there with (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.