TERMS AND CONDITIONS
Westcoast Limited.
Website Legal Notice
Important - this is a legal agreement between you
and Westcoast Limited, a private limited company registered according
to the laws of England and Wales under company number 1816587 and
registered office at Arrowhead Park, Arrowhead Road, Theale, Reading,
RG7 4AH.
www.westcoast.co.uk (the "Website") is provided
by Westcoast Limited.
Please read the following terms carefully.
By using this website you agree to these terms of
use ("the Terms"), which incorporate Westcoast Limited's
current standard terms of trade to the exclusion of all other website
terms of use or terms and conditions of trade whatsoever. Where there
is a conflict between the provisions of the Terms and Westcoast Limited's
current standard terms of trade only in relation to the use of this
Website then the provisions of the Terms shall prevail over the provisions
of Westcoast Limited's current standard terms of trade. If you do
not agree to these terms of use, you may not access or otherwise use
this Website in any way whatsoever.
From time to time, Westcoast Limited may modify the
Terms. Accordingly, please continue to review the Terms whenever accessing
or using the Website. You may only use the Website in accordance with
the Terms outlined below
1. Applicable Law and Place where Contract is formed
No contract shall be concluded between you and Westcoast Limited for
the sale by Westcoast Limited to you of any product unless and until
Westcoast Limited accepts your order by e-mail. Westcoast Limite's
acceptance of your order shall be deemed complete and will be deemed
for all purposes to have been effectively communicated to you at the
time Westcoast Limited sends a confirmation e-mail to you (whether
or not you receive that e-mail). For the avoidance of doubt, any such
contract will be deemed to have been concluded in the United Kingdom.
Further, any such contract shall be interpreted, construed and enforced
in all respects in accordance with the laws of England, and you and
Westcoast Limited irrevocably submit to the non-exclusive jurisdiction
of the English Courts.
2. Copyright and Intellectual Property
2.1 Westcoast Limited either owns or is licensed to use the copyright
in the design, data, text, table, graphic, editorial or other content
of its Website pages, all software compilations, underlying source
code and all other data or material appearing on its Website unless
another copyright holder is credited on the relevant Website page.
2.2 We appreciate that our material may help to back-up your own research
or to augment your organisation's promotional activities. You may
use the Westcoast Limited owned material on this Website for non-commercial
use provided you do all of the following:
a) act within the copyright laws of England and Wales, or of the territory
in which Westcoast Limited originally published the material;
b)publish the material without any adjustment which would alter its
meaning or bring Westcoast Limited, its personnel, representatives,
agents, clients or the subject of the material or any other person
or entity into disrepute;
c)meet the requirements of current Human Rights legislation and Data
Protection Law within Europe (which rights may extend to individuals
and entities resident outside the European Economic Area);
d)publish a credit to Westcoast Limited or to a specific and relevant
Westcoast Limited publication or website, and to any individual named
author, at the foot of the re-used material; and, if reproduced on
a website, include a URL link to the original article or the point
of entry to that Website page or to the publication's Website page
as agreed in advance in writing with the Website administrator or
the Company's Copyright Executive.
2.3 Westcoast Limited may make available certain Content Licence Agreements
for the commercial re-use, translation and/or re-publishing in printed
or electronic form of design and content from its Website and pages.
Only a holder of a current Content Licence agreement who satisfies
all requirements of that Licence agreement may re-use, translate or
re-publish in any form or medium design or content which originates
on a Website or webpage owned or managed by Westcoast Limited for
commercial purposes.
2.4 All goodwill associated with your use of the Westcoast Limited
trade name or marks shall inure solely to the benefit of Westcoast
Limited and you shall not assert any claim or ownership to any trade
name or marks or to the goodwill or reputation thereof. All other
trade marks, brand names, products and company names all over which
are cited on this Website are the trade marks and/or property of their
respective owners.
3. User Responsibility
3.1 You may not transmit any unlawful, threatening, abusive, libellous,
defamatory, obscene, pornographic, profane or otherwise objectionable
material or information of any kind including but not limited to transmission
constituting or encouraging conduct which would constitute a criminal
offence, give rise to civil liability or otherwise violate any national
or international law.
3.2 You may not transmit any information, software, email or attachment
which contains in full or in part any Virus, Worm, Trojan Horse or
other harmful component.
3.3 You may not restrict or inhibit use of the Website by any other
individual or organisation.
3.4 You may not post, publish, transmit, distribute or otherwise exploit
any software information or material obtained through the Website
of Westcoast Limited and its associated companies other than for the
purposes expressly permitted.
3.5 All individual articles, reports and other elements making up
the Website may be copyright works or protected by database rights.
You agree to abide by all additional copyright and database right
notices or restrictions contained on the Website.
3.6 You agree to notify Westcoast Limited in writing promptly upon
becoming aware of any unauthorised access to or use of the Website
by any party.
3.7 Other than the licences granted to you under this agreement, you
may not copy, reproduce, recompile, decompile, disassemble, reverse-engineer,
distribute, publish, display, perform, modify, upload to create derivative
works from, transmit, communicate or in any other way exploit any
part of the Website and/or the Website's material.
3.8 The Website and all the information contained therein may not
be used to construct a database of any kind nor may the Website be
stored in its entirety or in any part in databases for access by you
or any third party or to distribute any database Website containing
all or part of the Website.
3.9 You agree to indemnify, defend and hold harmless Westcoast Limited
from and against any claims, actions, demands or other proceedings
brought against Westcoast Limited by a third party to the extent that
such claim, suit, action or other proceedings is based on or arises
in connection with your use of the Website and any breach by you of
the Terms. This section survives termination of this agreement for
any such reason.
3.10 You accept that Westcoast Limited has the right to change the
material, or information of any aspect of the Website at any time
at its sole discretion. You further accept that such changes result
in your being unable to access the Website. Westcoast Limited may
have to suspend the Website from time to time to carry out maintenance
and to make upgrades.
4. Hyperlinks
4.1 Our hyperlinks:
The Website may include links to third party websites. Such hyperlinks
are included to ease the user's path through the Internet. Their inclusion
cannot be taken to imply any endorsement or validation by Westcoast
Limited of the content of the website referred to. Hyperlinks can
become out-of-date and cease to work or they can direct users to a
website page whose contents or use have been changed by its owner.
Westcoast Limited has no control over, and can therefore accept no
responsibility or liabilities for any losses or penalties that may
be incurred or for the accuracy of hyperlinks to third party web sites,
or the content of such third party Website.
4.2 Your hyperlinks:
You may provide hyperlinks to the Website and pages owned and/or managed
by Westcoast Limited and its associated Website PROVIDED THAT you
first obtain the prior written consent from Westcoast Limited. Such
hyperlinks may only direct users to the home page of the relevant
website, and must display the relevant page in the same form as this
Website, without amendment or framing.
5. Disclaimer
5.1 The material and information published on this Website are provided
on an "as is" basis without warranty of any kind, either
expressed or implied. Westcoast Limited does not guarantee the accuracy
or integrity of the material or information nor its suitability for
any particular purpose. To the fullest extent permitted by law, Westcoast
Limited excludes any liability whether in contract, tort (negligence)
or otherwise for any incorrect or misleading information on the Website.
In addition, Westcoast Limited does not represent or warrant that
the information accessible via the Website is accurate, complete or
current.
5.2 Errors can occur and Westcoast Limited offers no assurance that
they will be corrected. No liability will be accepted in respect of
service interruptions, nor in the event of any Viruses, Worms, Trojan
Horses and other harmful components being present in or transmitted
by Westcoast Limited systems and networks.
5.3 Westcoast Limited does not accept any liability for any loss of
data or software, revenue, business, profits cost or expense, or any
direct, indirect, incidental or consequential loss or damage arising
out of or in connection with the use of, or the lack of availability
of the Website or its content and/or in connection with any permission,
right or licence to use the material given under clause 2.2 or otherwise.
5.4 It is your responsibility to assess the value of the information
and material on the Website in the light of your own business and
personal circumstances. Website content remains journalistic opinion
and does not constitute legal, financial or professional advice, and
may not represent the views of the Westcoast Limited, its directors,
employees or agents.
5.5 Except as specifically stated on the Website, to the fullest extent
permitted at law, neither Westcoast Limited nor any of its affiliates,
directors, employees or other representatives will be liable for damages
arising out of or in connection with the use of this Website or the
information, content, materials or products included on this Website.
This is a comprehensive limitation of liability that applies to all
damages of any kind, including (without limitation) compensatory,
direct, indirect or consequential damages, loss of data, income or
profit, loss of or damage to property and claims of third parties.
For the avoidance of doubt, Westcoast Limited does not limit its liability
for death or personal injury to the extent only that it arises as
a result of the negligence of Westcoast Limited, its affiliates, directors,
employees or other representatives.
5.6 Nothing in this clause 5 shall exclude Westcoast Limited's liability
to you for fraudulent misrepresentation by Westcoast Limited or the
death or personal injury resulting from its negligence or that of
its employees.
5.7 Price and availability of information is subject to change without
notice.
6. Right of cancellation for Consumers only
6.1 Where you are a business as opposed to a Consumer (as referred
to in the Consumer Protection (Distance Selling) Regulations 2000),
our returns procedure shall be as outlined in our standard terms of
trade.
6.2 Where you are a consumer under the United Kingdom's Consumer Protection
(Distance Selling) Regulations 2000, you have the right to cancel
the contract for the purchase of any item within seven working days
of delivery. This applies to all our products. However, we regret
that we cannot accept cancellations of contracts for the purchase
of video, DVD, audio, or software products where the item has been
unsealed.
6.3 To cancel this contract, please fill out the proof of delivery
form that accompanies your items, giving the reason for the return
as "Contract cancellation". Please package the relevant
item securely and return it to us with the delivery slip so that we
receive it within seven working days of the date that the item was
delivered to you.
6.4 Please note that you will be responsible for the costs of returning
the Goods to us unless we delivered the item to you in error or the
item is faulty. If we do not receive the item back from you with the
proof of delivery form, we may arrange for collection of the item
from your residence at your cost.
7. Privacy Policy
7.1 Westcoast Limited is committed to safeguarding your privacy online.
It is very important to us that you should be able to use and enjoy
the Website without having to compromise your privacy in any way.
This policy will help you understand how your personal information
will be treated. This policy may change from time to time so please
check back regularly.
Please keep in mind that whenever you voluntarily disclose personal
information online - for example on message boards, through email,
or in chat areas - that information can be collected and used by others.
In short, if you post personal information online that is accessible
to the public, you may receive unsolicited messages from other parties
in return.
Ultimately, you are solely responsible for maintaining the secrecy
of your passwords. Please be careful and responsible when you are
online.
If you have any requests concerning your personal information or any
queries with regard to these practices, please contact our Data Protection
Officer by e-mail : [insert data protection officer details].
7.2 What personally identifiable information does Westcoast Limited
collect from me?
Westcoast Limited collects information in several ways from different
parts of our web site.
Some personal information is gathered when you register on the Website.
During registration, Westcoast Limited asks for your name, email address,
telephone number, account number and company name. Once you register
you are no longer anonymous to Westcoast Limited .
In addition to registration we may ask you for personal information
at other times, for example when you report a problem with or Website
or services. If you contact Westcoast Limited we may keep a record
of that correspondence.
When you order, Westcoast Limited will need to know your name, e-mail
address, delivery address, credit or debit card number and the card's
expiry date. This allows us to process and fulfil your orders and
to notify you of the status of your order.
Westcoast Limited may use cookies as a means of offering and providing
customisable and personalised services. However, your browser has
settings that will allow you to accept all cookies, be informed as
cookies arrive or reject all cookies. The downside of rejecting all
cookies is that we are then unable to match the site content we offer
you to what we know about your preferences from your previous visits.
Westcoast Limited may also collect IP addresses for system administration,
for independent audit and to report aggregate information to advertisers.
By this we can see how our sites are being used, for example, what
services and facilities are popular, and how long users spend on particular
pages. This is data about our users' browsing actions and patterns
and it does not identify anyone individually.
When you telephone a Westcoast Limited, or someone who is dealing
with calls on our behalf, we may record the conversation to ensure
the security of any transaction discussed, to help us to review our
quality of service and to assist in the training and development of
the employees who take such calls.
7.3 How does Westcoast Limited use my information?
Westcoast Limited's primary goal in collecting personal information
concerning subscribers is to provide them with a customised experience
of our site. By knowing a little about you, Westcoast Limited is able
to deliver more relevant services and content to you.
Westcoast Limited and any of its associated companies are prohibited
by virtue of the Data Protection Act 1998 from disclosing any of your
personally identifiable information except when we have your permission
or under special circumstances, such as when we believe in good faith
that the law requires it or under the circumstances described below.
The following describes some of the ways that your information may
be disclosed:
Westcoast Limited may employ other companies and individuals to perform
delivery functions on its behalf or to process credit card payments
or to provide customer services. Such companies and individuals will
have access to personal information needed to perform these functions,
but may not use it for any other purposes and are required to process
the data in accordance with the UK's Data Protection legislation.
Westcoast Limited may, from time to time, contact you regarding their
products and services.
On some types of Westcoast Limited promotions, we will ask for your
email address in order to update you on your entries and status. When
you participate in these types of promotions, you automatically receive
promotion-related email. Sometimes these promotion-related email messages
may include targeted advertisements.
7.4 No data transmission over the Internet can be guaranteed entirely
secure. While we strive to protect your personal information, Westcoast
Limited can neither ensure nor warrant the security of any information
you transmit to us or from our online products or services, and you
do so at your own risk. Once we receive your transmission, we make
our best effort to ensure its security on our systems.
7.5 Your consent
By using the Website, you consent to the collection and use of this
information by Westcoast Limited. If we decide to change our privacy
policy, we will post those changes on this page so that you are always
aware of what information we collect, how we use it and under what
circumstances we disclose it.
8. General provisions
8.1 No waiver by Westcoast Limited of any breach of any obligation
arising under this agreement shall constitute a waiver of any other
breach and no failure to exercise or partial exercise by Westcoast
Limited of any remedy shall constitute a waiver of the right subsequently
to exercise that or any other remedy.
8.2 If any provision of this agreement is held by a court of competent
jurisdiction to be invalid unlawful or unenforceable for any reason
then such part will be severed from the remainder of this agreement,
which will continue to be valid and enforceable to the fullest extent
permitted by law.
8.3 These Terms constitute the entire agreement between Westcoast
Limited and you. All prior agreements understandings and negotiations
and representations (save for fraudulent misrepresentation) whether
oral or in writing are cancelled in their entirety. The terms of any
other electronic communications will not form part of this agreement
8.4 Nothing in these Terms shall confer on any third party (that is,
any party other than Westcoast Limited and you) any benefit or the
right to enforce any term of these Conditions and the application
of the Contracts (Rights of Third Parties) Act 1999 to these Conditions
is hereby excluded.
8.5 These Terms are governed by the laws of England and Wales and
the parties submit to the exclusive jurisdiction of the English Courts.
