Terms and Conditions
If you are a business, your terms and condtions can be found here.
WEBSITE USERS TERMS AND CONDITIONS
1. INTRODUCTION
You are provided with access to this Website in accordance with these Terms and Conditions and any Content you post will be subject to them.
By using this Website and/or posting any Users Material you agree to be bound by these 'Terms and Conditions'. If you do not agree to be bound by these Terms and Conditions you may not access this Website, nor may you post any Users Material on the Website.
Please read these Terms and Conditions carefully as they contain important information about your legal rights and obligations. Please pay particular attention to the provisions regarding our liabilities in terms 4, 8, 9 and 10 and your rights and responsibilities in terms 3, 5, 7 and 11. Words in capitals throughout these terms and conditions shall be given the meanings set out in term 14.
We may change these Terms and Conditions at any time and it is your responsibility to check them. If you use the Website or upload, publish, transmit, share, display or leave ('post') any Users Material after any changes have been made you will be bound by the new Terms and Conditions. You should therefore ensure that you read the Terms and Conditions each time you use the Website and immediately prior to posting any Users Material. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website and should not post any further Users Material.
2. USE OF THE WEBSITE
This Website is provided to you for your personal use only. You agree that:
- the Content of the website is available for use only as permitted under these Terms and Conditions and you may not otherwise use the Content of the Website or any part of it;
- you will only use the Website for your own purposes and not for those of any third party, nor for any commercial or non-domestic purposes;
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
If you are between 13 and 16 years of age you should only use the website with the approval of a parent or guardian or another responsible adult. This website is not intended for users who are under 13 years of age.
3. USERS' REGISTRATION
You agree that:
- Any Personal Information you supply will be complete and accurate and you will notify us if any of your Personal Information changes;
- You will not impersonate any other person or entity or use a false name or a name or other details that you are not authorised to use.
- You will keep your password and login details secret and will not provide your password to any other person to gain access to the Website
Any Personal Information supplied by you will only be held and used by ourselves in accordance with term 12 and our Privacy Policy (if any) in force from time to time.
We may suspend or cancel your registration immediately at our sole discretion with or without notice and we reserve the right to do so if you breach any of these Terms and Conditions. You can cancel your registration at any time by informing us in writing. If you do so you must stop using the Website immediately and we may remove or delete any or all of your content.
As a result of viewing this website some information may become stored upon your computer. This information may be in the form of a Cookie or similar file. We may use these to monitor use of the Website, to improve the Content of the Website or to improve the matching of Users interests or preferences, for example. If you do not want a Cookie to be stored in your computer, most Internet browsers have functions to erase Cookies from the computer's hard drive or to block all Cookies or to receive a warning before a Cookie is stored. You are welcome to use such facilities to prevent the installation of any Cookie but by accessing our website you consent to our use of any information gathered for the purposes mentioned above.
4. BUSINESS CUSTOMERS' INFORMATION
This Website contains (or you may be sent as a result of your registration on this Website) articles, photos, text, graphics, pictures, designs, music, sound, video, information and other items or content belonging to or originating from third parties, including our Businesses and/or other contributors. We are not responsible for any content provided by third parties and this information is displayed on the Website in good faith.
We do not make any warranties or guarantees about the accuracy or completeness of the Content. You acknowledge that Content may be out of date, and we make no commitment to update any material. You also recognise that opinions expressed by Businesses or other contributors are not our own and that we are not responsible for and do not necessarily agree with Content that has been posted by third parties.
5. CONTENT POSTED BY YOU AND OTHER USERS
The Website allows and encourages its users to provide Users Material, including for example photos, text, personal information, reviews, comments, opinions and links. By participation in and use of this Website, you acknowledge that you will remain solely responsible for the content of your Users Material.
You agree to only submit Users Material that is genuine and accurate. Above all, you agree not to post any Users Material that is defamatory or libellous, or which promotes information that you know or believe to be false, misleading, abusive, threatening or obscene or which may incite violence or terrorism, and you agree to indemnify and hold us harmless from any claim arising out of or relating to your violation of this provision.
You also agree to not knowingly post Users Material that belongs to others or infringes the rights of others, including any copyright and other intellectual property rights, or concerning others without their express written consent or authority, and you agree to indemnify and hold us harmless from any claim arising out of or relating to your violation of this term.
We are not responsible or liable in any manner for any Users Material posted on the Website.
We do not guarantee the truth, accuracy or legality of the Users Material on the Website and nor will you hold us responsible for the accuracy, truth or legality of the Users Material. You acknowledge that Users Material constitutes the subjective opinions of individual Users and does not in any way represent our opinions or endorsement of the Business, User or subject matter concerned. We do not monitor or control the Users Material given on this Website and cannot confirm therefore, and are not responsible for ensuring, the accuracy or truthfulness of Users' purported identities or the validity of the information which they provide to us or post, transmit or share on the Website.
6. COMPLAINTS ABOUT THE WEBSITE CONTENT
We do not endorse the posting of defamatory, harmful, offensive, libellous or discriminatory content but cannot guarantee that it will not be posted by others. We may, but are not obliged to, monitor the Website or parts of it from time to time and may at our sole discretion remove any content that we feel is inappropriate or which contravenes these Terms and Conditions. We may also terminate the subscription of any offending users immediately and without notice.
If you are aggrieved by any Content posted on the Website please email us at info@wearedenz.com with details of your grievance, including the reasons for any objections and setting out your name, address, telephone number and email address. Please also provide details that will enable us to locate the offending Content. We will endeavour to consider Users' grievances within a reasonable time and may take steps to remove any Content, in whole or in part, without notice to any User.
7. INTELLECTUAL PROPERTY
You acknowledge and agree that:
- All copyright, trademarks and all other intellectual property rights in all material or content on the Website shall remain at all times vested in us or our licensors.
- You may view or print individual pages from the Website for your own personal non-commercial use only. You may not copy, reproduce, modify, distribute, commercially exploit, publish, re-sell, display, post, or transmit any part of this Website without our written permission.
- You may not copy, reproduce, commercially exploit, or re-sell any of the layout, Content, logos, Trade Marks, or designs displayed on our Website.
- You will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content from the Website without our prior expressed written permission and that of any other parties to whom the Content relates.
By posting Users Material, you expressly grant us an irrevocable right to use your Users Material, including making that Users Material available on our Website and otherwise. You also agree that your Users Material may be used for advertising and promotional purposes by others without your express permission.
8. SERVICE ACCESS
We do not accept responsibility for the reliability of access to this Website or its fitness for a particular purpose and we will not be liable for any losses or damage resulting from your use or inability to use this Website.
While we make reasonable efforts to ensure that this Website is normally available 24 hours a day, you acknowledge that access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We will not be liable if for any reason this Website is unavailable at any time or for any period.
We may modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
9. LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this Website provided by us are solely for your convenience. Users and Businesses may also provide links in their content.
You acknowledge that if you use any links, you leave this Website. We have not reviewed third party websites and do not control and are not responsible for such websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. You acknowledge that any links found in Users' Material or Business Customers' Content have been provided or posted by Users or Businesses and not by us and you should take additional care when using such links.
We do not guarantee that links to or from this Website or websites which link to or from this Website will operate free from error or that they are free of computer viruses or any other material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of our logo;
- you do not create a frame or any other browser or border environment around this Website;
- you do not in any way imply that we are endorsing any products or services other than our own;
- you do not misrepresent your relationship with us nor present any other false information about us;
- you do not otherwise use any of our trade marks displayed on this Website without our express written permission;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We may revoke the right to link to this Website at any time. We may take any action we deem appropriate for breach of these terms and you shall fully indemnify us for any loss or damage that we or any of our Businesses may suffer or incur as a result of your breach of this term 9.
10. LIMITATION OF LIABILITY
This term 10 sets out our entire liability (including any liability for the acts and omissions of our employees agents and sub-contractors) to you in respect of any breach of our contractual obligations or any representation or other term or of any duty at common law or under statute (whether caused by our negligence or that of our employees or agents or subcontractors or otherwise) arising out of or in connection with your use of the Website.
We will accept all liability if something we do causes death or personal injury. We will also accept liability for damage to your property if the cause is directly attributable to our fault. However, we will not accept any liability for any consequential, special or indirect loss or damage, or loss of profits, or loss or damage for disappointment, or loss of opportunity except where this is caused entirely by our own gross negligence.
We shall not be liable for any failure to fulfil our obligations or inability to access the Website due to circumstances beyond our reasonable control, including but not limited to labour disputes, malicious damage, terrorism, government rules or regulations, problems with hardware or software, power failures, fire, flood, storm, or other adverse weather conditions.
You agree to allow us the opportunity to remedy any breach of our obligations in reasonable time. Any claims may be reduced or rejected if we have not been given an opportunity to put matters right.
We shall not be liable for any breach of our obligations in any circumstances where our failure to perform our obligations is caused in whole or in part by your failure to fulfil your responsibilities under these terms and conditions.
We shall not be liable for any negligence of or breach of any contract between you and any third parties, nor shall we be liable for any acts or omissions of our Businesses or Users. In particular, we shall not be liable in the event that any Users Material or Business Customers' Content displayed on the Website is untrue, inaccurate, out of date, unavailable, defamatory, abusive, offensive, discriminatory or controversial or breaches any third party rights, including intellectual property rights.
Our entire liability to you shall be limited to damages of an amount not exceeding £120.
11. INDEMNITY
You agree to fully indemnify, defend and hold us and our officers, directors, employees, and agents harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of this Website, reliance on or the use by any other person of your Users Material and/or your Personal Information.
12. DATA PROTECTION
In circumstances where we act as a Data Processor or Data Controller under the Data Protection Act 1998 ('the Act') we shall comply with the Act and shall only process your personal information, such as your name, address, email address and other information provided by you to us in accordance with our Privacy Policy.
13. GENERAL
The headings to the Terms and Conditions are inserted for ease of reference only and shall not affect their interpretation or conclusion.
We will try to resolve any problems quickly and efficiently. If you are not happy with the way we deal with any complaints and you wish to take court proceedings, you must do so in the United Kingdom using the law of England and Wales.
If either you or we waive any breach of any term of these Terms and Conditions, this shall not be considered to be a waiver of any subsequent breach of the same or any other term hereof.
If any of these Terms and Conditions are found by any court to be invalid or unenforceable for any reason, such term or provision shall to that extent be deemed to be removed from and not form part of these Terms and Conditions, but the validity and enforceability of the remainder of these Terms and Conditions shall not be affected.
14. DEFINITIONS & INTERPRETATION
In the Terms and Conditions, unless the context otherwise requires:-
'Businesses' Means our business customers and includes businesses whose details are listed on the Website, advertisers, and business contributors;
'Business Customers' Content' Means those details provided by our business customers, including advertisements, business details listed on the Website, articles and other contributions but excluding any Users Material;
'Cookies' Means small text files which our Website places on your computer's hard drive to store information about your session and to identify your computer;
'Content' Means any or all of the content contained on the Website including content posted or provided by us, and all Business Customers' Content and Users Material;
'Users Material' Means any or all of the comments and material provided by our Users;
'Personal Information' Means details about you provided by you:
- On registration;
- On posting Users Material;
- When updating your registration details; and/or
- In any dealings with us.
'Use' Means your use of the website in accordance with clause 3;
'Users' Means the individual users of the Website, who use the website for personal use only, collectively;
'We/us/our' Means Third Wave Communications Limited (Company number 04360692), whose registered office is at Hillbrow House, Hillbrow Road, Esher, Surrey, KT10 9NW. Our VAT registration number is 839 0943 01 and references to we/us/our shall include successors and permitted assigns;
'Website' Means the website located at http://www.wearedenz.com or any subsequent URL which may replace this;
'You/your' Means a user of the Website.