1. Definitions
In these Terms of Service (the Terms):
- Phothuytay means the operator of the website accessible at https://www.phothuytay.co.uk and any related pages, features, or services made available through it.
- Website means the website located at https://www.phothuytay.co.uk.
- User or you means any person who accesses or uses the Website, whether on their own behalf or on behalf of a business or other organisation.
- Consumer means a User acting wholly or mainly outside their trade, business, craft, or profession.
- Business User means a User acting for purposes relating to their trade, business, craft, or profession.
- Content means any text, images, graphics, audio, video, software, code, data, reviews, feedback, or other materials displayed on, made available through, or submitted to the Website.
- Terms means these Terms of Service, including any policies or notices referred to in them.
2. Acceptance of the Terms
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Website.
You confirm that you have the authority to accept these Terms on your own behalf and, where you use the Website on behalf of an organisation, that you have authority to bind that organisation.
3. Eligibility and Accounts
You must be at least 18 years old (or the age of majority in your place of residence, if higher) to use the Website. If you are under the age of majority, you may use the Website only with the consent and supervision of a parent or legal guardian who accepts these Terms on your behalf.
If you create an account, you must provide accurate information, keep your credentials secure, and promptly update any changes. You are responsible for all activity under your account. You must notify us promptly of any unauthorised use or security breach through the contact methods indicated on the Website.
4. Use of the Website
Phothuytay grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for personal, non-commercial purposes (or, for Business Users, for legitimate internal business purposes) in accordance with these Terms.
You must not:
- Use the Website in any way that is unlawful, fraudulent, misleading, or harmful, or that infringes the rights of others.
- Copy, reproduce, modify, adapt, translate, create derivative works from, publicly display, publish, distribute, transmit, broadcast, sell, or exploit any part of the Website or Content, except as expressly permitted by law or by Phothuytay in writing.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used in the Website, except to the extent such restrictions are prohibited by applicable law.
- Introduce viruses, malware, or other harmful code, or attempt to gain unauthorised access to the Website, its servers, or related systems.
- Use any automated means (including bots, scrapers, crawlers, or data mining tools) to access or collect information from the Website without prior written consent.
- Interfere with or disrupt the integrity or performance of the Website, or attempt to circumvent any security or access control measures.
5. User Content
Where the Website allows you to submit or post Content (such as reviews, comments, or media), you are solely responsible for that Content. You must ensure your Content is accurate (where it states facts), genuinely held (where it states opinions), and compliant with applicable law and these Terms.
By submitting Content, you grant Phothuytay a worldwide, non-exclusive, royalty-free, transferable, and sub-licensable licence to host, store, reproduce, modify for formatting or technical purposes, communicate, display, and make your Content available on and in connection with the Website. You represent and warrant that you own or have the necessary rights to grant this licence.
Phothuytay may moderate, refuse, remove, or disable access to any Content at any time at its discretion, particularly where it reasonably believes that the Content breaches these Terms or applicable law. Phothuytay does not assume responsibility for monitoring all Content and is not responsible for Content provided by Users or third parties.
6. Intellectual Property
The Website and all Content provided by or on behalf of Phothuytay, including but not limited to text, graphics, logos, icons, images, audio clips, video, software, and the selection and arrangement thereof, are owned by or licensed to Phothuytay and are protected by copyright, trade mark, and other intellectual property rights and laws.
Phothuytay, and any related names, logos, product and service names, designs, and slogans are trade marks or trade names of Phothuytay. You must not use such marks without prior written permission.
Nothing in these Terms transfers any intellectual property rights to you. Any rights not expressly granted are reserved.
7. Third-Party Content and Services
The Website may include links to, or integrations with, third-party websites, content, products, or services. Phothuytay does not endorse, control, or assume responsibility for any third-party content or services. Your use of third-party services is at your own risk and may be subject to the third party’s terms and privacy practices.
8. Responsibilities, Warranties, and Disclaimers
You are responsible for your use of the Website and for ensuring that your use complies with these Terms and applicable law. You must not rely on the Website for any purpose where a failure, error, or inaccuracy could result in loss, damage, or harm.
The Website and all Content are provided “as is” and “as available.” To the fullest extent permitted by law, Phothuytay disclaims all warranties, representations, and conditions, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability.
Phothuytay does not guarantee that the Website will be uninterrupted, secure, or free from errors, defects, viruses, or other harmful components, or that any Content will be current or complete.
9. Limitation of Liability
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.
Subject to the preceding paragraph, and to the fullest extent permitted by law:
- Phothuytay will not be liable for any indirect, incidental, special, punitive, or consequential loss or damage; loss of profits, revenue, goodwill, or data; or business interruption, whether arising in contract, tort (including negligence), or otherwise, even if foreseeable.
- Phothuytay’s total aggregate liability to you for all claims arising out of or in connection with the Website or these Terms will not exceed £100 or, if you have paid fees for specific services on the Website, the total amount you paid to Phothuytay for those services in the twelve months preceding the event giving rise to the claim, whichever is higher.
If you are a Consumer, you may have statutory rights that cannot be excluded or limited. Nothing in these Terms affects those rights.
10. Indemnity
You agree to indemnify and hold harmless Phothuytay, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your misuse of the Website, or your Content.
11. Privacy and Personal Data
Phothuytay acts as a data controller in relation to personal data collected through the Website. Personal data may be collected when you browse the Website, create an account, place an order or booking, contact us, or submit Content.
Purposes and lawful bases may include: providing and improving the Website and services (performance of a contract or legitimate interests), responding to enquiries (legitimate interests or consent), managing accounts and orders (performance of a contract), ensuring security and fraud prevention (legitimate interests), and complying with legal obligations.
Where consent is used as a lawful basis (for example, certain marketing communications or non-essential cookies), you can withdraw consent at any time via the mechanisms indicated on the Website or by contacting us through the contact methods provided on the Website.
We may share personal data with service providers who process it on our behalf (for example, hosting, analytics, payment, booking, or delivery partners) under appropriate contractual safeguards, and with public authorities where required by law. If personal data is transferred outside the UK, appropriate safeguards will be implemented where required by law.
You have rights under UK data protection law, including the rights to access, rectify, erase, restrict or object to processing, and data portability. You also have the right to lodge a complaint with the Information Commissioner’s Office. To exercise your rights, contact us using the details provided on the Website.
We implement appropriate technical and organisational measures to protect personal data, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing.
We do not knowingly collect personal data from children under 13 years of age.
12. Cookies and Similar Technologies
The Website may use cookies and similar technologies to operate, secure, and improve the Website, and to analyse usage. Where required by law, we will obtain your consent before setting non-essential cookies. You can manage your cookie preferences through your browser settings and any controls provided on the Website, though disabling certain cookies may affect functionality.
13. Availability, Maintenance, and Changes to the Website
Phothuytay may update, modify, suspend, or discontinue all or part of the Website at any time, temporarily or permanently, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the Website.
We may perform maintenance or implement changes that affect availability. We do not guarantee that the Website or any Content will always be available or be uninterrupted.
14. Modifications to these Terms
Phothuytay may revise these Terms from time to time. The updated Terms will apply from the date indicated below. Continued use of the Website after changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Website.
15. Suspension and Termination
We may suspend or terminate your access to the Website immediately, without notice, if we reasonably believe you have breached these Terms, engaged in unlawful activity, or pose a risk to the security or integrity of the Website. Upon termination, the rights granted to you under these Terms will cease immediately.
Sections intended to survive termination (including intellectual property, limitations of liability, indemnity, governing law, and dispute resolution provisions) will continue in effect.
16. Governing Law and Jurisdiction
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, are governed by the laws of England and Wales.
The courts of England and Wales will have exclusive jurisdiction, except that if you are a Consumer resident in Scotland or Northern Ireland, you may bring proceedings in your local courts. If you are a Consumer resident in another country, you may also benefit from any mandatory provisions of the laws of that country, and nothing in these Terms affects your rights as a Consumer to rely on such mandatory provisions.
17. Severability
If any provision of these Terms is found by a court or competent authority to be invalid, illegal, or unenforceable, that provision will be construed to reflect the parties’ original intent to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
18. No Waiver
No failure or delay by Phothuytay in exercising any right or remedy under these Terms will constitute a waiver of that or any other right or remedy.
19. Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without prior written consent from Phothuytay. Phothuytay may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of assets, or by operation of law.
20. Notices and Contact
Notices to Phothuytay should be sent using the contact details published on the Website. Notices to you may be provided by posting on the Website, by email to the address associated with your account (if any), or by any other reasonable means.
21. Entire Agreement
These Terms constitute the entire agreement between you and Phothuytay regarding your use of the Website and supersede any prior agreements or understandings related to the same subject matter. Nothing in this clause limits liability for fraudulent misrepresentation.
Last updated: 2 December 2025