Wildcurl.co.uk

Terms of Use

(1) Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you register with our website, we will ask you to expressly agree to these terms of use.

(2) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or

(e) redistribute material from this website.

(3) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website for any purposes related to marketing without our express written consent.

(4) Registration

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

(5) Website services: comments, listings and adverts

Registered users must be at least 18 years of age. We may ask you for evidence of your age, and will delete your account if you are unable to provide evidence that is reasonably satisfactory to us.

Registered users may use the comments facility on our website.

Registered users may also submit and publish listings in our website directory. Listings may relate to events, places and people. Listings may be free or subject to a charge. Where listings are subject to a charge, that charge will be as stated on our website from time to time.

Registered users may also submit and publish listings in our website directory by taking the following steps: (i) log into your account; (ii) click on “add listing”; (iii) select the type of listing required; (iv) complete the listing information form; (v) if required, use the “preview” function to check whether you have made any input errors and correct those errors if appropriate; and (vi) press the “submit” button. We will send you an email acknowledgement of your order after you press the “submit” button.

Where listings are subject to a charge, we will review the proposed listing, and unless it is rejected, we will send you an email request for payment. After payment has been received, we will enable the listing on the website.

You must not create listings in relation to any other person without their express consent, or in relation to any event, business or organisation in respect of which you are not properly authorised to create a listing.

Registered users may also submit advertisements for publication on our website. In addition to the terms set out in these terms of use, advertisements will be subject to such terms (including as to the type of advertisement, the duration of the advertisement and the applicable charges) as we will agree with you before the publication of your advertisement. Contracts for the publication of advertisements will usually be concluded by email.

In addition to the warranties set out in Section 6, you warrant that all material submitted for publication on the website as a listing or advertisement:

(a) complies with the CAP Code published by the Advertising Standards Authority from time to time;

(b) in the case of listings, constitutes a genuine listing in relation to a genuine person, event or organisation; and

(c) in the case of advertisements, constitutes a genuine advertisement for a genuine business, product or service.

You undertake to keep listings up-to-date and to delete listings that are no longer relevant.

You further undertake to keep advertisements up-to-date by sending us revised advertising material as necessary, and to inform us promptly in the event that and advertisement is no longer relevant.

Materials sent to us by post or otherwise, for any purpose, will not be returned. If you send any materials to us, please make copies beforehand.

(6) User content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, whether for the purpose of a comment, listing, advertisement, article or otherwise.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on our website) must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy, or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in a explicit, graphic or gratuitous manner;

(m) be pornographic or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet. Your user content must also be relevant to the focus of the website.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website (including without limitation any advertisement, listing, comment or article).

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

If you become aware of any material on the website that breaches any of these terms, you must inform us immediately using the website abuse reporting facility.

(7) Design and copywriting services

From time to time we may agree to provide to you design and/or copyrighting services, in which case the following provisions will apply:

(a) the provision of these services will be subject to a charge or charges which we will agree with you in writing;

(b) we will invoice for agreed charges in advance of providing the services (unless agreed otherwise), and you must pay such charges in advance of us providing the services and in any event within 14 days of the date of our invoice (unless agreed otherwise);

(c) we will use reasonable endeavours to provide the services in accordance with any timetable agreed between us, but we do not guarantee to do so;

(d) we will provide the services with reasonable care and skill (subject to this, and to the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the services); and

(e) upon the payment of all charges due to us in relation to the design and copywriting services, we will assign to you all our copyright in our work product.

(6) Limited warranties

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

You should therefore not rely solely upon any information you may find on the website and you should check the accuracy of information before taking any action (or deciding not to take any action) on the basis of that information.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7) Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b) we will not be liable for any consequential, indirect or special loss or damage;

(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information; and

(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

You further agree that where you submit personal information for publication on the website you do so at your own risk, and that we will not be held liable in relation to any use of that personal information by any third party.

(8) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(9) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the website;

(c) permanently prohibit you from accessing the website;

(d) block computers using your IP address from accessing the website;

(e) contact your internet services provider and request that they block your access to the website;

(f) bring court proceedings against you for breach of contract or otherwise;

(g) suspend and/or delete your account with the website; and/or

(h) delete and/or edit any or all of your comments, listings, advertisements or other user generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(10) Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(11) Trade marks

WILDCURL and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(12) Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

(13) Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

We will not file a copy of these terms of use specifically in relation to you. We do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of use for your records.

(14) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(15) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(16) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(17) Entire agreement

These terms of use , together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(18) Law, jurisdiction and language

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

These terms of use are available in the English language only.

(20) Our details

The name of our business is Wildcurl, a trading name of Helen Blackman.

Our address is WildCurl, Carden, Torrs Park, Ilfracombe, North Devon EX34 8AY.

You can contact us by email to info@wildcurl.co.uk.