|
1. Terms And Conditions
These terms and conditions ("terms") set out the basis upon which you are to use the web site. If you do not accept these terms then please leave this web site immediately.
In these terms the following words shall have their corresponding meaning:
| "Enquiry" |
any enquiry or request submitted by you to us via the Web Site [or otherwise]; |
| "Facilities" |
the enquiry and information services accessible via the Web Site; |
| "us" "our" "we" |
Lloyd and Whyte Limited of Affinity House, Bindon Road, Taunton, Somerset; |
| "Web Site" |
the web site (including the home page and any directly associated web pages) identified by the domain name www.lloydwhyte.com (or such other domain name as may replace the same); |
| "Services" |
the Web Site and the Facilities; |
| "you" "your" |
the person and/or organisation accessing and/or using the Services (or any of them). |
2. The Web Site And Facilities
The Services should be used for information only. We do not charge you for accessing and using the Services.
3. User Conduct
You confirm and agree that:
- you will not use the Services for unlawful, defamatory, harassing, obscene, libellous or tortious purposes nor will you use the Services in any way which will or is likely to infringe the intellectual property or other rights of any third party;
- you will not use the Services in any way which is likely to prohibit and/or restrict and/or diminish a third parties use or access to the Services;
- all information submitted by you via the Web Site is accurate and complete and not misleading;
- you are responsible for providing your own access to the Internet, providing all equipment necessary for you to connect to the Internet (including a computer and modem), and paying any associated costs and charges;
- we are not under any obligation (contractual or otherwise) to respond or deal with any Enquiry submitted by you. Under no circumstances will any information submitted by you via the Web Site create a contractual obligation on us;
- we are entitled to prohibit or restrict (through technical and/or legal means) your access to the Services (or any of them) if we have reason to believe that you are or will not comply with these terms. You acknowledge and agree that any termination of the Services under any provision of this Agreement may be effected without prior notice, and agree that we may (at our discretion) immediately thereafter delete any Enquiry submitted by you irrespective of whether we have dealt with such Enquiry or not;
- you will notify us immediately of any change to any information submitted by you as an Enquiry;
- you have read and accepted the privacy statement (a copy of which is duplicated at point 9 below);
- we may contact you with any information and/or request for information via any method provided by you including without limit by post, fax and/or e-mail.
4. Modifications
We may wish to change some or all of these terms, or to start charging for the Services (or any of them) or to modify or discontinue (temporarily or permanently) some or all of the Services. You agree that we are not liable to you or any third-party for any such change, modification or discontinuance.
5. Indemnity
You agree to indemnify and keep us indemnified (and our parent, subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by us as a result of any claim made by any third party due to or arising out of your use of the Services (or any of them) or any breach by you of any of your obligations under these terms.
6. Our Rights
You acknowledge and agree that the intellectual property rights in the Services (including but not limited to any text, software, graphic, logo, sound, photographs, video, or other material made available via the same) shall remain vested in us or our licensors (as the case may be). You are permitted to use the Services only as expressly authorized under these terms. You may not copy, reproduce, translate, adapt, transmit, distribute, or create derivative works of Services (or any part of them) without our express authorization.
7. Exclusions / Limitations
The Web Site is provided on an "as is" and "as available" basis.
No conditions, warranties, representations or other terms are made or given by us concerning the availability or performance of the Services nor do we warrant that the Services (or the information contained therein) is accurate, complete or up to date. We hereby exclude to the fullest extent permitted by law all such conditions, warranties, representations or other terms whether express or implied, arising by statute or otherwise, including (but not limited to) any implied conditions, warranties, representations or other terms of satisfactory quality, fitness for a particular purpose and non-infringement.
In particular (but without limit), we make no warranty that the Services (or any of them) or any information available via the same:
- will meet your requirements;
- is interruption or bug free;
- is timely or secure;
- is accurate, complete or up to date.
We accept no responsibility for any unintentional deletion or failure to properly store any Enquiry sent by you nor are we under any obligation to respond or deal with any Enquiry submitted by you.
We accept no responsibility for any link to or from a third party web site to our Web Site (or any part of it). You acknowledge and accept that we have not checked any third party web site to ensure that any information is accurate, complete or up to date nor have we made any checks that they have complied with applicable laws. Your use of any third party web site to which we have a link is entirely at your own risk.
We accept no responsibility for any costs or damages arising from any interruption, suspension or termination of the Service.
You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the Services is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of information that might occur as a result.
8. Limitations Of Liability
We shall not be liable (whether in contract, tort, breach of statutory duty or otherwise) for any indirect, special or consequential damages (including, but not limited to, damages for loss of profits) resulting from the use or the inability to use the Services, in respect of any goods or services purchased or obtained or messages received or transactions entered into through or from the Services or otherwise arising out of these terms even if we have been advised of the possibility of the same. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury arising from its negligence or that of our agents or employees.
9. Privacy Statement
By submitting personal information via this Web Site (whether as an Enquiry or otherwise), you agree that we may use it to enable us to provide you with the information you have requested. You agree that we may disclose your personal information to third parties for the following reasons:
- to comply with legal requirements (for example, financial service regulations and/or consumer credit legislation). For the avoidance of doubt, this may result in us disclosing your personal information to any relevant authority;
- to carry out checks (including credit checks of you and the information submitted by you). This may involve making searches of credit reference agencies who will record the credit search on their files. Information gathered via a credit search may be used by us for making credit decisions about you and the persons or organisations with whom you are associated. It may also be used for the detection and/or prevention or fraud or for the tracing of bad debts;
-
You further agree that we may also use your personal information in accordance with the following:
- For marketing purposes. You agree that we may contact you from time to time about any services, events or products that we feel may be of interest to you. You confirm that such contact may be by letter, telephone, e-mail, fax and or mobile text services;
- For marketing purposes via third parties. You agree that we may share your personal information with organisations that we feel may be of interest to you including our parent or subsidiaries, business partners and/or agents;
If you do not want us to use your information for any of the marketing activities set out above please contact the Data Protection Compliance Officer detailed at the end of this section.
In order to carry out the above we may from time to time have to transfer on your personal information to organisations based overseas. We confirm that we will take steps to ensure that we have a contract in place with such organisations so as to ensure that your personal information is adequately protected. You confirm that you consent to such transfer.
Provision of Third Party Information
If you provide any personal information to us relating to a third party you confirm that you have obtained their consent for such information to be used for the purposes set out above.
Changes to your information
In order to assist us in ensuring that personal information held by us and relating to you is accurate and up to date we would ask that you notify us in writing of any changes to your personal information. For example, changes to your address or your business. Please submit any changes to the Data Protection Compliance Officer detailed below.
Your rights
You are entitled at any time to request a copy of your information. All requests should be made in writing to the Data Protection Compliance Officer detailed below. We may require appropriate identification and charge a small fee for dealing with such request.
Data Protection Compliance Officer
All requests or enquiries relating to this section should be sent in writing to:
David Harris
Finance Manager
Lloyd & Whyte Ltd
Affinity House
Bindon Road
Taunton
Somerset
TA2 6AA
10. General
These terms comprise the entire agreement between you and us in respect of your use of the Services.
These terms shall be governed by the laws of England and Wales and both parties submit to the exclusive jurisdiction of the courts of England and Wales.
Any notices to be given under these terms shall be made via email to the respective email address of the recipient (except in respect of notices of changes to the Terms and Conditions or any aspect of the Service which may be notified by displaying notices to You generally on the Service).
Any failure by us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
If any provision of these terms is held by a court of competent jurisdiction to be invalid illegal or unenforceable, such provision shall be deemed to be deleted and the other provisions of the terms shall remain in full force and effect.
|