USER TERMS & CONDITIONS (“the Agreement”)
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH WEATHERBYS LTD OFFERS YOU USE OF ITS WEB SITE BETTRENDS LOCATED AT WWW.BETTRENDS.CO.UK (“THE SITE”). BY USING THE SITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE LEAVE THIS WEB SITE.
This Agreement is made between you and Weatherbys Limited (registered number 526599) whose registered office is Sanders Road, Wellingborough, Northamptonshire NN8 4BX.
- Use of the Site.
1.1 The Site is for personal and non-commercial use only. You may copy electronically and print portions of the Site for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by the Site, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Site (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of Weatherbys Limited is strictly prohibited. You also agree not to deep-link and/or frame to any of the Site for any purpose, unless specifically authorised by Weatherbys Limited to do so.
You agree that:
(a) you shall not use the Site to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm Weatherbys Limited’s computer systems or any third party computer system; and
(b) you will keep your password(s) if any relevant to the Site secure and not let them become public knowledge.
1.2 The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in the Site is owned by Weatherbys Limited and/or its respective licensors.
1.3 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Site or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Site, and/or in any directory or other listings or information retrieval service made available on or by the Site has been so made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. All liability of Weatherbys Limited, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Site is expressly excluded to the fullest extent permitted by law.
1.4 The Site may include links to web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and Weatherbys Limited is not responsible for and does not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law).
1.5 In view of the vast flow of information transmitted by a web site operator each day, it is not technically possible nor economically feasible to monitor all materials that pass through its system (including, without limitation, all views and/or comments therein). Weatherbys Limited believes that the onus for ensuring that material presented on the Internet is legal rests with the original content provider, and we will not limit access to material unless notified that it is illegal. Notwithstanding, Weatherbys Limited shall have the right to remove any items it believes may be illegal.
1.6 Weatherbys Limited is the owner of:
(a) those trade mark(s) indicated as such throughout the Site from time to time; and
(b) all other trade marks used in the Site which are not licensed to it by any third party. All other trade marks, product names and company names or logos cited therein are the property of their respective owners
1.7 The provisions in clause 4 on Data Protection and Use of Personal Information apply in respect of your use of the Site.
- Availability and Security of the Site.
2.1 Due to the nature of the Internet, Weatherbys Limited does not promise full and error free operation of the Site at all times. All liability of Weatherbys Limited, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site is excluded, insofar as it is possible to do so in law.
2.2 Weatherbys Limited shall use reasonable endeavours to ensure that the Site and any information it holds on you are kept secure. However, due to the nature of the Internet, Weatherbys Limited cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that Weatherbys Limited is unable to exclude such liability by law).
Where you are asked to complete a Weatherbys Limited registration form the personal details that you provide must be true, accurate and complete.
- Data Protection and Use of Personal Information.
4.1 Information may be gathered from you when you fill in an online registration form(s) and your use of the Site including through “cookies”. Cookies are blocks of text placed in files on your computer’s hard drive when you visit a web site which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie is attached to personal information collected another way, such as by means of your on-line registration form.
4.2 The information gathered may be used by Weatherbys Limited and companies in the same group as Weatherbys Limited (i.e. companies which share the same ultimate parent company) internally, for purposes relating to your use of the Site and for marketing activities, and may be passed to carefully selected third parties to use for marketing activities. By marketing activities, we mean the communication directly to particular individuals (by e-mail, post or telephone) of any advertising or marketing material. If you subsequently decide you no longer wish to receive direct marketing/information from Weatherbys Limited or companies in the same group as Weatherbys Limited or no longer wish us to pass your information to third parties you should notify us by e-mail.
4.3 Weatherbys Limited may forward your personal details to the Police or other regulatory body to comply with the law or in relation to suspected misuse by you of the Site.
4.4 Other than as set out elsewhere in this clause 4, your information shall not be disclosed or used by us. You hereby agree to these terms in this clause 4 by your agreement to the terms and conditions of this Agreement.
5.1 Subject to the remainder of clause 5 below, the majority of the Site is currently made available without charge to you by Weatherbys Limited. However, you are responsible for all telephone charges necessary to access and use the Site.
5.2 Access to parts of the Site are currently made available by payment of the relevant Subscription fee only. You agree to pay any applicable fees at the current rates prior to your use of such Subscription services the minimum sum specified by Weatherbys Limited. Weatherbys Limited will then be entitled to deduct any fees accordingly.
5.3 You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to Weatherbys Limited you warrant that you are entitled to purchase the subscription services using those payment details. In the case of unauthorised payments Weatherbys Limited reserves the right to suspend or terminate your access to the Subscription services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to the subscription services.
5.4 Weatherbys Limited will try to process your payment promptly but does not guarantee that the Subscription services will be available to you by any specified time. A contract with you for receipt of the subscription services will come into effect when Weatherbys Limited sends you an email confirming your username and password details.
5.5 Your use of the subscription services will expire before the start of the following subscription period for which your current subscription applies. However, Weatherbys Limited reserves the right to suspend or terminate your access to the Subscription services if you breach these terms and conditions, with or without notice and without further obligation to you.
5.6 Weatherbys Limited will charge you in British Pounds Sterling. You may also have to pay any applicable local taxes.
5.7 Weatherbys Limited may require information from you to verify your identity before paying any money out of your account and you agree to provide such information as Weatherbys Limited may reasonably require for this purpose.
Weatherbys Limited may permanently terminate your access to the Subscription immediately for any reason.
Where a claim is brought against Weatherbys Limited by a third party in relation to your use of the Site you agree to fully reimburse Weatherbys Limited and all companies within the Weatherbys Limited group for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by Weatherbys Limited or companies within the Weatherbys Limited group in or as a consequence of your breach of this Agreement and/or your use of the Site.
- Force Majeure.
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any power failure.
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party’s address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
10.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Weatherbys Limited’s prior written consent.
10.2 Weatherbys Limited reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as Weatherbys Limited or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.
- No Waiver.
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
- Variation of Terms.
Weatherbys Limited reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the home pages of the Site. Changes in this manner shall be deemed to have been accepted if you continue to use the Site after a period of two weeks from the date of transmission of the e-mail or of posting on the home pages of the Site, whichever occurs later.
- Law and Jurisdiction.
Where the Site are accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Site and/or the Interactive Services are accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.
IN RELATION TO ALL WEB SITE SERVICES OFFERED BY WEATHERBYS LIMITED ON THIS WEB SITE
We are committed to:
- protecting the personal information you give us;
- telling you how we use the information we gather about you;
- getting your consent to our disclosure of your personal information.
WHAT INFORMATION DO WE COLLECT FROM YOU?
- We may collect information from you when you fill in an online registration form for any of our web site services. We may also collect information you give us over the telephone or in written or other communications. The type of information we will collect includes, for example, your name, mailing address, email address, telephone numbers, gender, preferences and, where relevant, financial, credit card or bank details.
- We collect information about your use of our sites’ web site services through “cookies”. Cookies are blocks of text placed in files on your computer’s hard drive when you visit a website which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name or email address, unless the cookie is attached to personal information collected another way, such as by means of your online registration form.
We will not supply your personal information to third parties for their direct marketing activities without your consent.
If you subsequently decide you no longer wish to receive direct marketing or information from us or our associated companies or no longer want us to pass your information to third parties, please notify us by email at the following address firstname.lastname@example.org.
HOW WE ENSURE PRIVACY IS MAINTAINED
We endeavour to ensure that your data is stored securely and to prevent unauthorised access. We have security measures in place to protect your information which we monitor regularly. Unfortunately, despite our measures, because of the nature of the Internet, we cannot guarantee that your information will remain at all times 100% secure. The continuing efforts of hackers to defeat even the newest of security systems means that we can never make this promise.
Our policy is to comply with the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000 and all other legislation which governs the maintenance of privacy in your information. We also require compliance with such legislation by third parties with whom we have arrangements to offer goods or services through our web sites.
DISCLOSING YOUR INFORMATION TO THIRD PARTIES
The personal information you give us is only disclosed to other businesses if we have your permission.
We may disclose details about use of our web sites to other businesses e.g. to demonstrate patterns of use to advertisers and other business partners. The information we pass on will not include any personal information by which you may be identified.
We may forward your personal details to the Police or another regulatory body if we are asked to do so or wish to do so in order to comply with the law or in relation to any suspected misuse by you of our web site or any of our web site services.
We endeavour to prevent unauthorised disclosures of your personal information by other people, but we are not responsible for any unauthorised disclosures or other breaches of security or for the actions of others if the information was passed to them with your authority or with the authority of anybody other than us or our associated companies.