Terms and Conditions

These Terms and Conditions apply to your use of this website and to the purchase of any services or goods from James McDonald.

By using the website, creating an account, using any tools, or ordering any services, you agree to be bound by these Terms and Conditions.

You may only purchase services or goods from this website if you are eligible to enter into a contract and are at least 18 years old.

In these Terms and Conditions, the following definitions apply:

• Consumer means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
• Contract means the legally binding agreement between you and us for the supply of services or goods.
• Customer, you or your means the person using the website or purchasing services or goods from us.
• Goods means any goods supplied by us in connection with the services.
• Order means your order for services or goods submitted through the website or otherwise agreed with us.
• Privacy Policy means our privacy policy, available at https://j-mcd.com/privacy.
• Services means the services advertised or provided through the website, including any related goods, tools, reports or functionality.
• Website means https://j-mcd.com.
• We, us or our means James McDonald.

The description of services and any goods is as set out on the website or in any other written materials we provide.

Any descriptions, screenshots, examples or demonstrations are for illustrative purposes only.

If services or goods are made to your specific requirements, you are responsible for ensuring that any information or specification you provide is accurate.

All services and goods shown on the website are subject to availability.

We may make changes to services or goods where necessary to comply with applicable law, safety requirements, technical requirements, or to improve the website or services.

In addition to any services or goods that may be purchased, the website may provide web-based tools, reports, checkers, calculators, automation features or similar functionality for general informational and productivity purposes.

We aim to keep the website and tools useful, accurate and available, but we do not guarantee that any tool result will always be complete, current, error-free, uninterrupted, or suitable for your specific needs.

You are responsible for checking any tool results, reports, recommendations, outputs or other information before relying on them or using them to make decisions.

Some tools may allow you to submit URLs, text, files, website data or other content for processing.

You are responsible for ensuring that you have the right to submit that content and that your use of the website and tools complies with applicable laws, third-party rights and third-party terms.

We do not claim ownership of content that you submit. However, you grant us permission to process it as needed to provide the requested tool functionality, maintain security, fix errors, prevent abuse and improve the website and services.

You agree not to use the website, services or tools to:

• Break any applicable law or regulation.
• Attack, overload, disrupt, scrape, probe or interfere with websites, servers, networks, systems or services.
• Bypass security, authentication, rate limits, access controls or usage restrictions.
• Submit URLs, content or data that you do not have permission to process.
• Collect, process or misuse personal data unlawfully.
• Upload, submit or transmit harmful, malicious, deceptive, abusive, infringing or unlawful content.
• Use automated high-volume requests, bots or scripts without our permission.
• Reverse engineer, copy, scrape, resell, exploit or misuse the website, services or tools in a way that could harm us, the service, other users or third parties.

We may restrict, suspend or block access to the website, services or tools if we reasonably believe they are being misused or used in breach of these Terms and Conditions.

You must cooperate with us in all matters relating to the services, provide information reasonably required to perform the services, and obtain any necessary licences, permissions or consents unless otherwise agreed.

If you fail to provide necessary information, permissions or cooperation, we may suspend performance of the services until the issue is resolved. If the issue is not resolved following our request, we may terminate the relevant contract with immediate effect by written notice.

When registering to use the website, you may be required to set up account details or sign in using Google or another third-party authentication provider.

You remain responsible for all actions taken under your account and must keep your login details secure.

Some parts of the website, services or tools may require you to sign in using Google or another third-party authentication provider.

We may suspend or remove access if we reasonably believe an account is being used in breach of these Terms and Conditions.

We retain and use personal information in accordance with our Privacy Policy.

We may contact you by email or other electronic communication methods where necessary in connection with your account, enquiries, services or use of the website.

The website may use third-party services, including authentication providers, analytics providers, hosting providers, payment providers, APIs and other technical service providers.

Your use of those third-party services may also be subject to the third party's own terms and privacy policies.

We are not responsible for third-party services, websites, content, availability, outages or errors that we do not control.

Descriptions of services or goods on the website do not constitute a contractual offer to sell those services or goods.

When you submit an order, we may reject it for any reason, although we will try to tell you the reason without delay.

A contract will be formed only when we confirm acceptance of your order by email or another written method.

You must ensure that any order confirmation is complete and accurate and inform us immediately of any errors.

Any quotation or estimate is valid for 15 days from its date unless we withdraw it earlier or state a different validity period.

No variation of a contract can be made after it has been entered into unless agreed by both you and us in writing.

The fees for services, the price of any goods, and any additional charges will be as set out on the website, in an order confirmation, or as otherwise agreed in writing.

Prices may be calculated on a fixed-price basis, a standard daily-rate basis, a subscription basis, or another basis agreed in writing.

Where payment is required through the website, you must provide valid payment details and we may take payment immediately or before providing the relevant services or goods.

We will provide services within the agreed period or, if no period is agreed, within a reasonable time.

If any goods are supplied, we will deliver them within the agreed period or, if no period is agreed, without undue delay and no later than 30 days after the contract is entered into.

If we fail to deliver services or goods on time, you may have legal rights, including the right to a price reduction, refund, cancellation or other remedies depending on the circumstances.

If goods are delivered, they become your responsibility from completion of delivery or collection. You should examine goods before accepting them where reasonably practicable.

Risk of damage to, or loss of, any goods passes to you when the goods are delivered to you.

You do not own any goods until we have received payment in full.

If full payment is overdue, we may cancel delivery and end any right to use goods that remain owned by us, in which case you must return them or allow us to collect them.

You can withdraw an order by telling us before a contract is made if you simply wish to change your mind.

If you are a consumer, you may have cancellation rights under applicable consumer law.

Subject to the exceptions below, you can cancel a distance contract within 14 days without giving any reason.

The cancellation period will usually expire 14 days after:

• The day you, or a third party nominated by you, receive the goods.
• The day the contract is entered into, for services only.
• The first delivery, for goods supplied over time or by subscription.

Cancellation rights do not apply in all circumstances, including goods made to your specifications, clearly personalised goods, or goods liable to deteriorate or expire rapidly.

To exercise your right to cancel, you must inform us by a clear statement, such as an email to [email protected] or a message through the website.

We will not begin supplying a service before the end of the cancellation period unless you have expressly requested that we do so.

If a service is supplied during the cancellation period at your request and you later cancel, you may be required to pay a proportionate amount for the service supplied up to the time you informed us of your decision to cancel.

If you cancel a contract within the cancellation period, we will reimburse payments received from you, including standard delivery costs where applicable, except for supplementary costs arising if you chose a delivery method other than the least expensive standard delivery method offered by us.

Where goods have been supplied, we may make a deduction for any loss in value caused by unnecessary handling.

Unless we have offered to collect the goods, reimbursement will be made no later than 14 days after we receive the goods back from you or, if earlier, 14 days after you provide evidence that you have sent them back.

Where no goods were supplied, reimbursement will be made no later than 14 days after the day we are informed of your decision to cancel.

Reimbursement will be made using the same payment method used for the initial transaction unless you expressly agree otherwise.

If you have received goods in connection with a contract you have cancelled, you must send them back or hand them over to us without delay and no later than 14 days from the day you communicate your cancellation.

The deadline is met if you send the goods back before the 14-day period has expired.

Unless otherwise agreed, you are responsible for the cost of returning goods.

We have a legal duty to supply goods that conform to the contract.

Upon delivery, goods must be of satisfactory quality, reasonably fit for any particular purpose made known to us before the contract was made, and conform to their description.

It is not a failure to conform if the issue has its origin in materials, information or specifications supplied by you.

We will supply services with reasonable skill and care.

A contract continues for as long as it takes us to perform the relevant services or supply the relevant goods.

Either you or we may terminate a contract or suspend services by written notice if the other party commits a serious breach that cannot be fixed, or that is not fixed within 30 days of written notice.

Either party may also terminate or suspend a contract if the other party is subject to steps towards bankruptcy, liquidation or insolvency.

Termination of a contract does not affect rights and liabilities that have already arisen.

Either party may transfer the benefit of a contract to someone else, provided this does not unfairly affect the other party's rights.

We remain responsible for the acts of any sub-contractors we choose to help perform our obligations.

If either party is prevented from performing its obligations because of something beyond its reasonable control, that party will notify the other as soon as reasonably practicable.

The affected party's obligations will be suspended so far as is reasonable, provided that party acts reasonably and takes reasonable steps to reduce the impact.

This does not affect your statutory rights, including any rights relating to delivery or cancellation.

We may update, change, suspend or remove parts of the website, services or tools from time to time.

We may update these Terms and Conditions from time to time. When changes are made, the updated version will be made available on the website.

Continued use of the website after changes means you accept the updated Terms and Conditions.

Your privacy is important to us. We respect your privacy and process personal information in accordance with applicable data protection laws.

These Terms and Conditions should be read alongside our Privacy Policy.

Where required, analytics, non-essential cookies or similar technologies will only be used with your consent.

For any enquiries or complaints regarding data privacy, you can email [email protected].

Nothing in these Terms and Conditions excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

Subject to this, we are not liable for losses that were not reasonably foreseeable when the contract was made.

The website, services and tools are provided on an "as is" and "as available" basis, except where these Terms and Conditions or applicable law provide otherwise.

To the fullest extent permitted by law, we are not responsible for loss or damage arising from your use of, or inability to use, the website, services or tools, including reliance on tool results, interruptions, errors or third-party services.

Nothing in these Terms and Conditions affects your statutory rights as a consumer.

These Terms and Conditions, and any contract between you and us, are governed by the law of England and Wales.

Disputes can be submitted to the courts of England and Wales, or, if you live in Scotland or Northern Ireland, to the courts of Scotland or Northern Ireland respectively.

If a dispute occurs, please contact us first so we can try to find a solution. We aim to respond with an appropriate solution within 5 days.

You may use the model cancellation form below, but it is not obligatory.