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Privacy Policy

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This privacy policy sets out how Larry Walshe Limited trading as Bloom uses and protects any information that you give Larry Walshe Limited when you use this website. Larry Walshe Limited is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the website, then you can be assured that it will only be used in accordance with this privacy statement. Larry Walshe Limited may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you continue to be happy with any changes.

This privacy policy was last updated on 16th July 2020.

WHAT WE COLLECT

  1. We may collect the following information: a) Name, b) Contact information including email address and, in some instances, telephone number, c) Demographic information such as postcode; preferences and interests, d) Other information relevant to customer surveys and/or competitions or offers e) Facebook user id if you created an account with Bloom using Facebook, f) recipient names, addresses and related occasions where you have either sent a bouquet to such recipient or saved such details in your account, g) IP address h) information connected with a review you leave on our website or app i) your marketing communication preferences j) details of the device with which you transacted with us h) your purchase history with us i) your browsing history on our website or app.
  2. We use different methods to collect data from & about you, including through you using our website or app, filling in forms or by corresponding with us by post, phone email or otherwise. We may also collect data from you by using cookies.
  3. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third-party service providers and/or partners, and combine it with information we have about you in order to improve the marketing and service that you receive from Bloom.

WHAT WE DO WITH THE INFORMATION WE GATHER

  1. We require this information to understand your needs & provide you with a better service, and in particular for the following reasons:
    • Where the information is necessary for the adequate performance of the contract between you & us for us to provide our services
    • For customer service and resolution purposes
    • Internal record keeping.
    • We may use the information to improve our products and services.
    • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided & we may personalise such content based on what we believe may be of interest to you.
    • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail.
    • We may use the information to customise the website or app according to your interests.
    • We may use the information to send you relevant, personalised communications by post in relation to updates, offers, services and products. We will do this on the basis of our legitimate business interest. You are free to opt-out of hearing from us by post at any time by writing to or emailing us at privacy@bybloom.co.uk.
    • From time to time, we may use remarketing and behavioural targeting services. In order to do these, we collect cookies and usage data as described below. These cookies connect activity on this website or app with select advertising networks.
    • We may use the information for the purposes of fraud detection and prevention and enhancing safety on our website & app. We have a legitimate interest in obtaining and using the information as set out above in being able to provide and improve the service and marketing that you receive from Larry Walshe Ltd. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your account.

WHO WE SHARE YOUR INFORMATION WITH

In order to provide our services, we may need to provide your information to our trusted third-party partners, for example:

  1. Our supply and fulfilment partners in order to ensure we can process and complete your order;
  2. Our marketing partners in order to offer you services and products that may be of interest to you;
  3. Our technology partners to ensure we can provide a safe and secure site and improve the performance and relevance of our website to you;
  4. Our customer service platform providers so you can interact with our customer service team;
  5. Our professional services partners in order to comply with our legal obligations;
  6. It is possible we could sell our business to a third party or re-organise our business or become insolvent. In that scenario, our database of customers is one of the largest parts of that business & so we would need to share it with the third-party buyer and their advisers. This is in the legitimate interests of selling our business. We may also expand our group of companies & in this scenario, we may share your data within our group in order to improve our products and services and because of some of our internal support services may be shared across the group. This is in our legitimate interests of cost efficiency and growing our business. Where this occurs, we will post a link to all group companies and their locations in this Privacy Policy & they will use it in the ways set out in this policy;
  7. We will cooperate with all third parties to enforce their intellectual property or other rights. We will also co-operate with law enforcement requests from within or outside your country of residence;
  8. Where you have consented to such, our competition and brand partners
  9. In accordance with legitimate interests, we may share customer name, address and purchase information (but never email or phone number) with Epsilon Abacus so they can analyse what products may interest you and contact you accordingly via post. We work with Epsilon Abacus (registered as Epsilon International UK Ltd), a company that manages the Abacus Alliance on behalf of UK retailers. The participating retailers are active in the clothing, collectables, food & wine, gardening, gadgets & entertainment, health & beauty, household goods, and home interiors categories. This group of retailers share information on what their customers buy. Epsilon Abacus analyses this pooled information to help the retailers understand consumers' wider buying patterns. From this information, retailers can tailor their communications, sending people suitable offers that should be of interest to them, based on what they like to buy. You can opt-out at any time by emailing privacy@bybloom.co.uk.

From time to time, we may need to transfer your data to trusted third-party partners in countries outside of the EU in order to complete the activities listed above. In such an event, we will ensure that those third-party partners comply with all relevant data protection legislation in force in the EU from time to time.

SECURITY

  1. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

HOW WE USE COOKIES

  1. A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added & the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
  2. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website and app in order to tailor it to customer needs. We only use this information for statistical analysis purposes & then the data is removed from the system.
  3. Overall, cookies help us provide you with a better website and app, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website and app. The ICO provide an extensive explanation of the ways that you can block cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ for more information on how to block cookies.
  4. Specific cookies that may be used on our site include:

Adform, Adroll, Amazon Mobile Ads, Amplitude, Bing ads, Braze, Bugsnag, Chattermill, Cloudflare, Criteo, Drawbridge, DC StormIQ, Facebook ads, Facebook Connect, Google Adwords, Google Analytics, Google Tag Manager, Head, Heap, iterate, Mention Me, New Relic, Periscope, Pinterest, Pusher, Rakuten Advertising, reviews.co.uk, Smartly, Snapchat, Steelhouse, Tradedesk, Twitter, Zopim

The websites/companies listed above (with the caveats below) use cookies to track our paid advertising activity and/or measure the performance of our website. We use the information collected by these cookies to help us determine where our ads will be most effective online and to improve ad targeting. The information collected through these cookies is anonymous and does not identify specific individuals or their details.

Google Analytics

Google Analytics uses cookies to collect data that helps us understand how people are using the Bloom site & where they came from. We use this information to identify how and where we can improve the customer experience. The information collected through these cookies is anonymous and does not identify specific individuals or their details.

Social Sharing

Please note that if you wish to share a product on a third-party website (such as Facebook, Twitter, etc.), you may be sent cookies from these websites. We do not control the setting of these cookies, so we suggest you check the third-party websites for more information about their cookies and how to manage them.

Opting Out

To opt-out please follow this link to optout.newtworkadvertising.org

LINKS TO OTHER WEBSITES

  1. Our website & app may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection & privacy of any information which you provide whilst visiting such sites & such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

CONTROLLING YOUR PERSONAL INFORMATION

  1. You may exercise any of the rights described in this section by sending an email to privacy@bybloom.co.uk. Please note that we will ask you to verify your identity before taking further action on your request. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
  2. Managing Your Information. You may access and update some of your information through your Account settings.
  3. Rectification of Inaccurate or Incomplete Information. You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your account).
  4. Data Access and Portability. You have the right to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
  5. Data Retention and Erasure. We generally retain your personal information for a period of six years after your last active use of our website or app (in line with our legal obligation to keep order information for this duration for tax, legal reporting and auditing obligations). If you no longer want us to keep your information, you can request that we erase your personal information and close your Bloom account. Please note that if you request the erasure of your personal information:
    1. We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Bloom account for fraud or safety reasons, we may retain certain information from that account to prevent that user from opening a new Bloom account in the future.
    2. We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing obligations.
    3. Additionally, some copies of your information (e.g. log records) may remain in our database but are disassociated from personal identifiers.
  6. Withdrawing Consent and Restriction of Processing. Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you. Where you have provided your consent to the processing of your personal information by Larry Walshe Ltd you may withdraw your consent at any time by sending a communication to Larry Walshe Ltd specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, you have the right to limit the ways in which we use your personal information, in particular, where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful & you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to paragraph 7.7 and pending the verification, whether the legitimate grounds Larry Walshe Ltd override your own.
  7. Objection to Processing and Profiling. You are entitled to require Larry Walshe Ltd not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing, Larry Walshe Ltd will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
  8. Data Security. The security of your data is very important to us. With this in mind, we will take all appropriate steps to protect your data and will treat it with the utmost care and attention. We use 'https' technology to secure access to all areas of our websites and apps. Access to your personal data is password-protected, and sensitive data such as payment card information is held securely by our third-party payment providers & tokenised to ensure it is protected. We ensure that our systems are regularly monitored for possible vulnerabilities and attacks.
  9. Lodging Complaints. You have the right to lodge complaints about the data processing activities carried out by Larry Walshe Ltd before the Information Commissioner's Office. In the UK, please read https://ico.org.uk/for-the-public/raising-concerns/ for details of how to do this. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
  10. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at privacy@bybloom.co.uk.
  11. We will not sell, distribute or lease your personal information to third parties unless we have your permission, are required by law to do so, or it is required for the provision of our services as detailed above. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

www.bybloom.co.ukis a website operated by Larry Walshe Ltd (we). We are a registered company in England and Wales under the company number 8988717. Our VAT number is 185096578.

We reserve the right to withdraw or amend our web site at any time. In using our site you agree to accept and abide by all of our Terms & Conditions and act in accordance with the law. You may not alter, impair or interfere in any way with our website. If you default negligently in any obligations set out in these Terms & Conditions (including our Privacy Policy) you shall be liable for all the losses and damages that this may cause to Larry Walshe Limited, our affiliates, partners or licensors. By placing an order through our website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.

After placing your order, you will be sent a confirmation e-mail confirming the value of your order, which has been debited from your credit or debit card. If you have any queries regarding your order please contact us immediately on 0208 540 5305 or via email to hq@bybloom.co.uk. We will contact you by e-mail or telephone if we have any queries relating to your order.

All subscription requests and orders received are subject to acceptance by Larry Walshe Ltd and any of our personnel, reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of a rejection, we will refund or cancel any payments received in full, via the payment method used to place the original order.

You must agree that any messages sent by us as a third party will not contain anything that can be construed as vulgar, abusive, harassing, racist or defamatory and that may cause upset and embarrassment to the recipient or any other person. Larry Walshe retain the right to refuse to send or display any messaged deemed as objectionable.

Standard Orders:

If you wish to make any changes to your order you may do so by e-mailing us or by calling us on 0208 540 5305. We will always do our very best to make last-minute changes for you but can only guarantee requests that are received by 9am 5 working days prior to your delivery date. At peak periods we begin processing orders earlier than usual in order to account for the large volume of deliveries. This means that we may require up to 10 working days notice for any changes to be made.

Subscription Orders:

If you wish to change your subscription or make any adjustments to the delivery frequency, please do so via your dashboard in the account area of the Bloom website. We will always do our very best to make last-minute changes for you but can only guarantee requests that are received by 9am 5 working days prior to your delivery date. At peak periods we begin processing orders earlier than usual in order to account for the large volume of deliveries. This means that we may require up to 10 working days notice for any changes to be made.

Standard Orders

All prices for products on our web site are inclusive of VAT at the prevailing rate. All prices, unless stated otherwise, exclude delivery. Prices are liable to change at any time. It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If a product’s correct price is higher than the stated price on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject the order and notify you of such rejection. We are under no obligation to supply you with the Product at the incorrect (lower) price, even after we have sent you an order confirmation.

Subscription Prices

The price for each order within a subscription is the price at the time that a subscription is setup. We reserve the right at our absolute discretion, to riase our prices at any time for reasons including but not limited to price increases from our suppliers and partners. If we raise our prices, we will notify our subscribers and provide the option to cancel your subscription with us free of charge.

We accept American Express, Visa and MasterCard credit and debit cards as well as Apple Pay. In order to offer the best security, all our payments are processed securely by Stripe.

All cards are subject to validation checks and authorisation by the card issuer. We will not be liable for delays or non-delivery if, for any reason, your card issuer refuses to authorise payment. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

For all ongoing subscriptions, your credit or debit card will be billed at checkout for your first delivery only. For ongoing deliveries, you will be billed on a recurring basis every week in which a delivery is scheduled. The amount your card will be billed in any given week will be the value of your order(s) for the given week.

If you create an account and enter your payment details, your card will be stored securely by Stripe so that you can check out on future visits without re-entering your card details.

We never store or have access to your credit or debit card details.

The copyright, design rights, trade marks (whether registered or not), patents (whether registered or not) and any and all other intellectual property rights including the software, source code contained on this website, including without limitation any designs comprising the products or any part of them, the designs, text, graphics, logos and images are the property of Larry Walshe Ltd or its licensors and you have no rights, title or interest in the Intellectual Property Rights.

Incorrect personal details may lead to problems or delays in delivery so before placing your order please ensure you have included the full name, address details, including accurate postcode and telephone number of the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered. Special delivery conditions apply to certain locations where a third party is involved such as hotels, hospitals and offices. In such cases, the signature of the person authorised to receive the order shall be accepted as proof of delivery and fulfilment of the order.

Please note that not all hospitals can take delivery of flowers. If you wish to send flowers to a hospital, please telephone in advance to check they can do this.

All products and flowers are subject to availability. In the event of supply difficulties, we reserve the right to substitute a product of equivalent value and quality without notice.

Our flowers are dispatched and delivered by DPD. Should no one be available to accept the delivery, the flowers may be left on the property (including on a porch or step) or with a neighbour. Should you have a preferred location for our courier to leave your order, please specify this when contacted by DPD. Should you prefer our courier not to leave the flowers on the property if no one is available to sign for the consignment, please write this clearly in the delivery information box when navigating through the checkout process. In this instance, the flowers will be taken back to the delivery depot and the recipient will be left a card asking them to call and arrange a re-delivery.

The flowers will be at your risk from the time of delivery. We cannot accept any liability for delayed deliveries caused by any third party or due to fire, flood or mechanical breakdown. We are also unable to accept liability for consignment being delivered to the wrong address due to incorrect postcodes or house names or numbers.

Nationwide next day delivery is available for all orders placed by 11:00. We do deliver on both Saturday and Sunday if our premium delivery services are selected.

We do deliver to most UK addresses, but there are a few exceptions. We are currently unable to deliver to the Scottish Isles, Northern Ireland, Isle of Wight, Isle of Man, Jersey, Guernsey and Scilly Isles.

As a part of the checkout process you will be able to select the delivery date & delivery service for your first order delivery; whether that delivery is a one-off order or part of a subscription. In the case of a subscription, you will also be able to select the frequency of recurrence.

Should you need to cancel an order, we will require a written notification tohq@bybloom.co.ukfive working days notice prior to the delivery date. At peak periods we begin processing orders earlier than usual in order to account for the large volume of deliveries. This means that we may require up to 10 working days notice for any changes to be made.

Should you need to change your subscription, please use your dashboard in your account area of the Bloom website. You can pause or cancel a subscription at any time by providing notice to us at 9am 5 working days before the intended delivery date within your subscription plan. In such circumstances the pause or cancellation will take effect without charge. Where notice is provided after that time, you will still receive and be charged for your next delivery your pause or cancellation instruction will take effect after that delivery. Our subscriptions are intended to be ongoing with multiple deliveries and whilst you are welcome to pause or cancel at any time, we reserve the right to cancel any subscriptions if we consider this service is being abused.

Flowers and Plants:

We guarantee our flowers and plants for a minimum of 5 days from date they are delivered provided that the care instructions are followed. We carefully package and distribute all flowers to ensure they arrive with the intended recipient in perfect condition however, in the unlikely event that your flowers have been damaged in transit please keep the flowers and contact us within 24 hours of receipt. We cannot be held liable for claims reported outside of this time. Where possible we will offer to replace the damaged flowers, however if this is not feasible we will offer a full refund to the purchaser.

Vases and Pots:

If you change your mind for any reason and wish to receive a refund for a pot or vase purchase, we are happy for you to return your purchase to us within 30 days of it being dispatched. The item must be unused and in its original retail packaging. Please note, we do not cover the cost of returns and we strongly advise that you insure your parcel for the correct purchase price and get proof of postage alongside a tracking number as we are unable to issue a refund for items that are lost or damaged whilst being returned to us. Please ensure any item returned to us is packaged well; we reserve the right to refuse a return on any item which is not in perfect condition. To arrange a refund, please contact hq@bybloom.co.uk and our customer services team will be delighted to assist you.

All refunds will be processed to the original payment card used. We cannot be responsible for any interest charges made by your credit card company whilst you are awaiting for your return to be refunded onto your card. We are unable to apply any discounts after the checkout process has been completed.

Gift Vouchers and Sales Items:

The purchase of gift vouchers or any items sold within a sale are final and non-refundable.

Flowers and Plants:

Due to the perishable nature of flowers and plants, we are unable to accept returns.

Vases and Pots:

If you have received an item which you believe to be faulty or damaged, please email hq@bybloom.co.uk within 72 hours of your item being delivered along with photographs and a description of the issue and our customer services team will be delighted to resolve the problem for you. We will arrange collection of the faulty item from you and cover the delivery cost of the replacement. Please note, if we are not notified within this timeframe, we are unable to refund or replace the items concerned.

Gift Vouchers and Sales Items:

The purchase of gift vouchers or any items sold within a sale are final and non-refundable.

We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality and any such warranties are disclaimed by us absolutely. We reserve the right to contact you by email, after your first order.

At our discretion from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.

In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.

As our special offers are contingent on availability, we may change the terms of special offers and promotional codes, or withdraw them altogether, at any time, and without prior notice.

We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.

Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of the Bloom service, and are only available once to any one household.

Discounts and credits cannot be used in conjunction with any other offers.

We only allow one promotion code to be used per order.

Except where otherwise stated, discounts and credits are available only once to any one person.

Credit expires 12 months from the date that it is added to an account

We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.

We reserve the right, at our absolute discretion, to expire, revoke or temporarily remove any loyalty or b.sustainable points that have been accrued on your account.

Except where otherwise stated, voucher discounts and credits cannot be redeemed against or applied to orders placed during key peak periods where supply is limited. These include, but are not limited to, 7 delivery days up to and including Valentine's Day and Mother's Day.

Discounts and voucher codes cannot be redeemed against courier delivery charges, percentage discount vouchers are applied only to the flower or bouquet cost unless otherwise stated.

Whilst we agree to use our reasonable endeavours to ensure that the website is fully operational and error free, we cannot guarantee this and therefore accept no responsibility for any defects and/or interruption of the website, and shall be released from our obligations under these Terms & Conditions in the event of any cause beyond our reasonable control which renders the provision of the website impossible or impractical.

We exclude, to the fullest extent permitted by applicable laws, and save in respect of death or personal injury arising from our negligence, all liability of any claims, losses, demands and damages arising directly or indirectly out of or in any way connected with your use or inability to access the Larry Walshe website and/or the Larry Walshe service. This exclusion shall apply in respect of, without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, whether arising in contract, tort, under statute or otherwise provided that nothing contained in these Terms & Conditions affects or will affect the statutory rights of the customer or the recipient in relation to the quality, fitness or description of the products supplied.

We reserve the right to supplement and amend the Terms & Conditions on which you are permitted access to the website from time to time. Any changes will be posted on the website and it is your responsibility as a customer to review any changes on accessing the website. Additionally, we reserve the right to suspend, restrict or terminate access to the website for any reason at any time.

These Terms & Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms & Conditions shall prevail. If any of these Terms & Conditions are held to be invalid or enforceable, the remaining provisions shall remain in full force and effect.

If the flowers we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem within 24 hours of receipt of the products in question. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition, and we shall have no liability to pay any money to you by way of compensation.

We accept no liability for death or personal injury arising from our negligence.

We accept no liability for fraud or fraudulent misrepresentation.

We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so that is caused by any event or circumstance beyond our reasonable control, including but not limited to breakdown of systems or network access, flood, fire, explosion or accident.

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.