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Terms and
conditions for use of the Winchmore Kitchens website.
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of Winchmore ("the Website")
and any Services referred to in Clause 2, is subject exclusively
to these Terms and Conditions. You will not use the Website/Services
for any purpose that is unlawful or prohibited by these Terms
and Conditions. By using the Website/Services you are fully
accepting the terms, conditions and disclaimers contained in
this notice. If you do not accept these Terms and Conditions
you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and
Conditions at any time and your continued use of the Website/Services
following any changes shall be deemed to be your acceptance
of such change. It is therefore your responsibility to check
the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email, bulletin
boards, chat areas, news groups, forums and/or other message
or communication facilities ("the Services") designed
to enable you to communicate with others. Unless stated otherwise
the Services are for your personal and non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy of our users,
particularly children. Parents who wish to allow their children
access to and use of the Website/Services should supervise such
access and use. By allowing your child access to the Services
you are allowing your child access to all of the Services, including
email, bulletin boards, chat areas, news groups, forums and/or
other message or communication facilities. It is therefore your
responsibility to determine which Services are appropriate for
your child. Always use caution when revealing personally identifiable
information about yourself or your children via any of the Services.
4 PRIVACY POLICY
4.1 We are committed to responsible data management and subscribe
to the principals of the data protection legislation in the
United Kingdom. We are committed to maintaining the privacy
of our users and maintaining the security of any personal information
received from you. If you register for any of the Services you
will be asked to provide basic personal information. The information
provided by you is not available for sale or use by third parties.
The information is used solely for notifying you of changes
or updates to the Website/Services.
4.2 We use a technology called "cookies" as part of
our normal business procedure to track patterns of behaviour
of visitors to the Website. A cookie is an element of data that
the Website sends to your browser that is then stored on your
system. You can set your browser to prevent this happening.
Any information collected in this way can be used to identify
you unless you change your browser settings.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you
will be required to complete the registration process by providing
certain information and registering a username and password
for use with that Service. You are responsible for maintaining
the confidentiality of the username and password and also for
all activities which take place under your account. You agree
to immediately notify us of any unauthorised use of your password
or account or any other breach of security. In no event will
Winchmore be liable for any indirect or consequential loss or
damage whatsoever resulting from the disclosure of your username
and/or password. You may not use another person’s account
at any time, without the express permission of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos,
photographs, images, moving images, sound, illustrations and
other materials ("the Content"), whether posted publicly
or transmitted privately, are the sole responsibility of the
person from whom such Content originated. We do not control
or endorse the Content and cannot guarantee the accuracy, integrity
or quality of such Content and you acknowledge that by using
the Services you may be exposed to Content that is offensive
and/or indecent. Winchmore will not be liable in any way for
any Content or for any loss or damage of any kind resulting
from the use of any Content transmitted via the Services and
you agree to bear all risks associated with the use of any Content,
including any reliance on the accuracy or completeness of such
Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters,
pyramid schemes or any other unsolicited messages, commercial
or otherwise;
6.2.2 post, publish, distribute or disseminate material or information
that is defamatory, infringing, obscene, indecent, threatening,
abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or information
that incites discrimination, hate or violence towards any person
or group on account of their race, religion, disability, nationality
or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the
legal rights (including rights of privacy and publicity) of
others;
6.2.5 use any information or material in any manner that infringes
any copyright, trademark, patent or other proprietary right
of any party;
6.2.6 make available or upload files that contain a virus, worm,
trojan or corrupt data that may damage the operation of the
computer or property of another;
6.2.7 collect or store personal information about others, including
email addresses;
6.2.8 advertise or offer to buy or sell goods or services for
any commercial purpose, unless such communication facility specifically
allows such messages;
6.2.9 impersonate any person or entity for the purpose of misleading
others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could damage,
disable, overburden or impair the Website/Services or interfere
with any other party’s use and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate material or
information that you do not have a right to transmit under any
law or under contractual or fiduciary relationships (such as
inside information or confidential information disclosed in
the course of employment or under a confidentiality agreement);
6.2.13 attempt to gain unauthorised access to any of the Services,
other accounts, computer systems or networks connected to the
Website/Services through hacking, password mining or any other
means.
6.3 We have no obligation to monitor the Services but shall
be entitled to review materials posted to a communications facility
and, at our sole discretion, to remove any material that breaches
these Terms and Conditions or is otherwise objectionable.
7 TERMINATION
We have the right to terminate your access to any or all of
the Services at any time, without notice, for any reason, including
without limitation, breach of these Terms and Conditions. We
may also at any time, at our sole discretion, discontinue the
Website/Services or any part thereof without prior notice and
you agree that we shall not be liable to you or any third party
for any termination of your access to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites
that are controlled and maintained by others. Any link to other
websites is not an endorsement of such websites and you acknowledge
and agree that Winchmore is not responsible for the content
or availability of any such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission
of technical data exported from the United Kingdom or the country
in which you reside (if different) and with all local laws and
rules regarding acceptable use of and conduct on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without limitation
the Website design, text, graphics and all software and source
codes connected with the Website and the Services) are protected
by copyright, trade marks, patents and other intellectual property
rights and laws. In accessing the Website you agree that you
will access the contents solely for your personal, non-commercial
use. None of the content may be downloaded, copied, reproduced,
transmitted, stored, sold or distributed without the prior written
consent of the copyright holder. This excludes the downloading,
copying and/or printing of pages of the Website for personal,
non-commercial home use only.
10.2 Winchmore does not claim ownership of any materials you
post, upload or submit to any publicly accessible area of the
Services. However, by doing so you are granting us a world-wide,
royalty free, non-exclusive licence to copy, distribute, transmit,
reproduce, publicly display, edit, translate or publish such
Content for as long as you elect to display such Content via
the Services. The licence shall be terminated when such Content
is deleted from the Services.
11 INDEMNITY
You agree to indemnify and hold Winchmore harmless from and
against any breach by you of these Terms and Conditions and
any claim or demand brought against Winchmore by any third party
arising out of your use of the Services and/or any Content submitted,
posted or transmitted through the Services, including without
limitation, all claims, actions, proceedings, losses, liabilities,
damages, costs, expenses (including reasonable legal costs and
expenses) howsoever suffered or incurred by Winchmore in consequence
of your breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF
LIABILITY
12.1 Use of the Website/Services is at your own risk. The Website/Services
are provided on an "AS IS" and "AS AVAILABLE"
basis without any representation or endorsement made and without
warranty of any kind whether express or implied, including but
not limited to the implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement, compatibility,
security and accuracy.
12.2 To the extent permitted by law, Winchmore will not be liable
for any indirect or consequential loss or damage whatsoever
(including without limitation loss of business, opportunity,
data, profits) arising out of or in connection with the use
of the Website/Services.
12.3 Winchmore makes no warranty that the Website/Services will
meet your requirements, that Content will be accurate or reliable,
that the functionality of the Website/Services will be uninterrupted
or error free, that defects will be corrected or that the Website/Services
or the server that makes them available are free of viruses
or anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed
so as to exclude or limit the liability of Winchmore for death
or personal injury as a result of the negligence of Winchmore.
12.5 Nothing in these Terms and Conditions shall affect your
statutory rights as a consumer.
13 SEVERANCE
If any of these Terms and Conditions should be determined to
be invalid, illegal or unenforceable for any reason by any court
of competent jurisdiction then such Term or Condition shall
be severed and the remaining Terms and Conditions shall survive
and remain in full force and effect and continue to be binding
and enforceable.
14 GOVERNING LAW
These Terms and Conditions shall be governed by and construed
in accordance with the law of England and you hereby submit
to the exclusive jurisdiction of the English courts. |
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