Terms and Conditions
Information on our Site
The copyright in the material contained on, in, or available through this Site or any other Wates Site including all information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to Wates or its group companies. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.
The trademarks, service marks, and logos (“Trade Marks”) contained on or in this Site or any other Wates Site are registered and/or owned by or licensed to Wates or its group companies.
You are permitted to print or download to a local hard disk extracts of the Material (including the Trade Marks) for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to Wates or its group companies. None of the Material may be used for any commercial or public use.
You may not reproduce part or all of the contents of the Site in any form unless it is for personal, non commercial use.
You may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the content of the Site in any form (whether hard copy, electronic or other).
You may not frame or link to the Site or any other Wates Sites or any part of it without our express permission.
Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Trade Marks or Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of Wates or the relevant group company.
You may only use this Site for lawful purposes. You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site.
Information submitted by you
You are solely responsible for any information submitted by you to the Site. You are responsible for ensuring that all information supplied by you is true, accurate, up-to- date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene or offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Site.
Link to third party websites
Any link (be it a hypertext link or other referral device) used on this Site is provided solely for the use and convenience of the visitor. Wates does not have any influence or control over any websites to which a link is provided which are operated by third parties (“Third Party Websites”) and, unless otherwise stated, is not responsible for and does not endorse or recommend any Third Party Website or its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website. Wates does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these Third Party Websites.
Disclaimer / Liability
Use of this Site, any other Wates Site, Third Party Websites and any links to the Third Party Websites], and any Material is at your own risk. To the maximum extent permitted by law Wates disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Site, any other Wates Site , Third Party Websites, links to Third Party Websites and Material.
We do our best to ensure that the Site operates properly at all times, but we make no warranties as to the availability or accessibility of the Site or to other Wates Site, and (save as otherwise set out in these terms and conditions) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Site [any other Wates Site or Third Party Websites.
Wates will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Site, any other Wates Site , any Third Party Websites, links to Third Party Websites or the Material for any:
economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect or consequential loss.
If Wates is liable to you directly or indirectly in relation to this Site, [any other Wates Site, any Third Party Websites, links to Third Party Websites] or the Material, that liability (howsoever arising) shall be limited to £100.
Wates will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Site for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
Nothing in these terms and conditions shall be construed as excluding or limiting the liability of Wates or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
Choice of law and jurisdiction
The interpretation, construction, effect and enforceability of this agreement shall be governed by English Law, and you and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.
These terms and conditions (as amended from time to time) constitute the entire agreement between you and Wates concerning your use of this Site or any other Wates Site and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Wates in relation to such matters. Wates reserves the right to update these terms and conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded onto this Site and your continued use of the Site will constitute your acceptance of such updated terms and conditions. No other variation to these terms and conditions shall be effective unless in writing and signed by an authorised representative on behalf of Wates. You should check the terms and conditions periodically to ensure that you are aware of and complying with the current version.
If any provision(s) of these terms and conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
Wates’ failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Wates in writing.
Unless otherwise expressly stated, nothing in these terms and conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Wates and its group of companies.