These Terms and Conditions apply to the entire contents of this website under the domain name www.whirledgeandnott.co.uk (“the Website”) and to any correspondence between you and us. Please read these terms carefully before accessing the Website. The use of this Website indicates that you accept these terms and acceptance takes effect from the date of first access to the Website. If you do not accept these terms, do not use this Website.
1.1 the Website and all information and materials available on the Website have been prepared for access and use by persons in the United Kingdom. We do not represent or warrant that the information or materials contained on the Website complies with the regulatory regime of any other country.
1.2 if you are accessing the Website from outside of the United Kingdom, you do so at your own risk and you are solely responsible for compliance with local laws.
2. Use of the Website
2.1 you are permitted to view, print and download extracts from this Website for your own personal, non-commercial use on the following basis:
2.1.1 documents or related graphics are not modified in anyway;
2.1.2 no graphics are used separately from accompanying text;
2.1.3 material must be reproduced accurately and not used in a misleading context
2.1.4 the copyright and all other intellectual property notices of Whirledge & Nott or any third party notices (where applicable) must appear on all copies.
2.2 for the avoidance of doubt, this permission is subject to the material being reproduced accurately and not used in a misleading context and does not extend to any material on the Website that is identified as being copyright of a third person.
2.3 you shall not copy, sell, lease, rent, licence, sub licence, grant any rights in, transfer, distribute, time-share or otherwise any part of this Website to any third party.
2.4 where content or material on the Website is intended for purposes other than that permitted above, prior written consent must be obtained from Whirledge & Nott.
2.5 where the Website contains third party material, you must obtain authorisation from the relevant third party before reproducing, storing or otherwise copying any of the material.
2.6 in the event that you breach any of these terms and conditions, your permission to use the Website will automatically terminate and any downloaded or printed materials must be destroyed.
3. Intellectual Property Rights
3.1 Unless otherwise stated, the copyright and other intellectual property rights in all materials on the Website (including without limitation, photographs and graphical images) are owned by the Whirledge & Nott or its licensors.
4. Access to the Website
4.1 Whirledge & Nott shall use its best endeavours to ensure that the Website is available 24 hours a day, 7 days a week. However Whirledge & Nott will not be liable if for any reason the Website is unavailable at any time for any period.
4.2 In the event of system failure, maintenance or repair or for reasons beyond the control of Whirledge & Nott access to the Website may be temporarily suspended.
5. Visitor conduct and material
5.2 The following must not be posted or transmitted to the Website:
5.2.1 material which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience;
5.2.2 any material for which you have not obtained all necessary licences and/or approvals;
5.2.3 any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
5.2.4 that is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3 you must not misuse the Website and this includes without limitation, by hacking or other means of gaining illegal or unauthorised access to other computers.
5.4 Whirledge & Nott will co-operate fully with any law enforcement authority or court order requesting or directing the Whirledge & Nott to disclose the identity of anyone posting any material in breach of paragraphs 4.2 and 4.3.
5.5 in the event that your use of material contained on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
6. Third Party Access to the Website
6.1 in the event that a third party has accessed the Website without authorisation and altered any of the content of the Website, Whirledge & Nott shall not be liable for any damage or loss resulting from the unauthorised access, alteration or modification to the Website.
7. Links to and from other Websites
7.1 the Website contains links to other websites and these are provided solely for your convenience. Whirledge & Nott has not reviewed all of these websites and does not control and cannot take responsibility for the content and availability of these third party websites. Whirledge & Nott therefore, does not endorse or make any representation regarding the material on these third party websites. If you access any of the third party websites, you will be leaving this Website and you access the third party website entirely at your own risk.
7.2 you may create a link to this Website on the basis that you link to, but do not replicate, the home page of the Website. Your right to link to the Website is subject to the following conditions:
7.2.1 you do not remove, distort or otherwise alter the size or appearance of Whirledge & Nott and other relevant logos;
7.2.2 you do not create a frame or any other browser or border environment around this Website;
7.2.3 you do not in any way imply that Whirledge & Nott is endorsing any products or services other than its own;
7.2.4 you do not misrepresent your relationship with Whirledge & Nott nor present any other false information about the Whirledge & Nott;
7.2.5 you do not link from a website that is not owned by you; and
7.2.6 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.
7.3 if you breach any of the terms in paragraph 6.2 above, Whirledge & Nott expressly reserves the right to take any action it deems necessary.
7.4 you shall fully indemnify Whirledge & Nott for any loss or damage, suffered or incurred by Whirledge & Nott as a result of your breach of paragraph 5.2.
8.1 the Website may contain maps created by Whirledge & Nott, permission to use these maps is negotiable and application should first be made to Whirledge & Nott.
9.1 Whirledge & Nott will endeavour to ensure that the information on the Website is correct. Whirledge & Nott does not warrant the accuracy and completeness of the material on the Website. Whirledge & Nott may make changes to the material on the Website, or to products, services or prices described in it, at any time without notice. The material on the Website may be out of date and Whirledge & Nott makes no commitment to update such material.
9.2 the material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Whirledge & Nott provides you with this Website on the basis that Whirledge & Nott excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.)
10.1 Whirledge & Nott or, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the materials on such websites.
10.2 Whirledge & Nott shall not exclude or limit liability for:
10.2.1 death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977);
10.2.3 misrepresentation as to a fundamental matter; or
10.2.4 any liability which cannot be excluded or limited under applicable law.
11.2 the proprietor of the Website is Whirledge & Nott
12.1 Whirledge & Nott welcomes any feedback and suggestions on what you would like us to publish on the site.
12.2 in the event that you are experiencing any problems with a page on the Website, please fill in the Technical Feedback Form.
12.3 for more information on Whirledge & Nott, contact telephone numbers and email addresses can be found from the contact page on Whirledge & Nott website
13.1 these Terms and Conditions can only be varied in writing by Whirledge & Nott.
13.2 you may not assign or transfer any of its rights or obligations under these Terms and Conditions. Whirledge & Nott reserves the right to assign, sub-licence or transfer any obligations under these Terms and Conditions to a third party.
13.3 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force and if any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to give effect to the intention of the Whirledge & Nott.
13.4 the headings in these terms and conditions are inserted only for convenience and shall not affect its construction.
13.5 reference to any statute or statutory provision includes a reference to the statute or statutory provision as from time to time amended, extended or re-enacted.
13.6 these Terms and Conditions are governed by and construed in accordance with English Law. Any dispute arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts.