Access to the Site and Changes
1. Access to and use of the website and any website that resolves to that website (the "Site") is provided by us subject to these Site Terms. "We" are are WENTA, a company limited by guarantee and registered in England under registration number 01744747 with registered office at Iveco House, Station Road, Watford, Hertfordshire WD17 1DL.
2. Your use of any part of the Site constitutes your acceptance of these Site Terms which take effect on the date on which you first use the Site. If you do not agree with these Site Terms, you should cease using the Site immediately.
3. We reserve the right to change these Site Terms at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Site after changes are posted constitutes your acceptance of the amended Site Terms.
4. We may also include additional rules, requirements or terms for using parts of the Site (for example new chargeable or non-chargeable services). You are responsible for reviewing all information on the Site in relation to your particular use of the Site and complying with any applicable rules or requirements.
5. You are responsible for bringing these Site Terms to the attention of all persons accessing the Site through your Internet connection.
6. You must not interfere with another person's use of the Site or otherwise act in a way that negatively affects another person's use of the Site.
7. You are responsible for checking the contents of the Site and (if applicable) restricting its access to minors under your control.
8. You shall not use the Site in any way which in any respect:
- 8.1 is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;
- 8.2 is fraudulent, criminal or unlawful;
- 8.3 is inaccurate or out-of-date;
- 8.4 may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- 8.5 impersonates any other person or body or misrepresents a relationship with any person or body;
- 8.6 may infringe or breach the copyright or any intellectual property rights (including without limitation copyright and trade mark rights) or privacy or other rights of us or any third party;
- 8.7 may be contrary to our interests;
- 8.8 is contrary to any specific rule or requirement that we stipulate on the Site in relation to a particular part of the Site or the Site generally;
- 8.9 involves your use, delivery or transmission of any viruses, unsolicited e-mails, trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- 8.10 may send or post any information or takes unfair advantage of or exploits anyone under the age of 18 or anyone who is not in a fit and proper state to be able to look after their own best interests, or which seeks to enter into a contract or agreement with any such person;
- 8.11 involves the sending, commenting or posting of any inaccurate or incomplete or misleading data or material;
- 8.12 causes annoyance, inconvenience or needless anxiety;
- 8.13 may intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- 8.14 involves any act or omission that may undermine the Site and/or services;
- 8.15 involves anything other than conformance with accepted Internet practices and practices of any connected networks;
- 8.16 attempts to circumvent our security or network including accessing data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
- 8.17 imposes an unreasonable or disproportionately large load on our infrastructure;
- 8.18 involves any form of advertising (except with our express prior consent);
- 8.19 executes any form of network monitoring which will intercept data not intended for you;
- 8.20 collects any information or data about users without their express consent;
- 8.21 creates or forwards "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
- 8.22 involves the sending of malicious email, including flooding a user or site with very large or numerous emails; or
- 8.23 makes unauthorised use, or forging, of mail header information.
9. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the Site for the purpose of use on the Site or for generally marketing (by any means and in any media) our services generally. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
10. The views and comments of any person accessible from the Site are those of the authors and do not necessarily reflect the views of us or any of our officers or employees. We will not be responsible or liable for any material, information or data supplied by anyone and accessible from the Site.
11. You agree to comply at all times with any instructions for use of the Site which we make from time to time.
12. You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any breach by you of any obligation on you under these Site Terms.
Availability of the Site, Security and Accuracy
13. Whilst we endeavour to make the Site available 24 hours a day, we will not be liable if for any reason the Site is unavailable at any time or for any period. We make no warranty that your access to the Site will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
14. Access to the Site may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Site for any reason. If we impose restrictions on you personally, you must not attempt to use the Site under any other name or user.
15. We do not warrant that the Site will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Site or your obtaining any material from, or as a result of using, the Site. We shall also not be liable for the actions of third parties in breaching any security measures.
16. We may change or update the Site and anything described in it without notice to you.
17. Whilst we endeavour to ensure that information and materials on the Site (including without limitation details about our services) are correct, no warranty, express or implied, is given that they are complete, accurate or up-to-date and we do not accept any liability for any errors or omissions.
18. The contents of the Site are intended for convenience only. You shall be responsible for any decision or implementation by you of any advice, recommendation or course of action proposed through use of the services, and we shall have no Liability for the results of such decision or implementation.
19. We do not suggest that any service mentioned on the Site is either available to you outside of the United Kingdom or the Isle of Man or the Channel Islands or complies with any laws other than the laws of England and Wales.
Supply of services through the Site
20. The supply of services referred to on the Site shall be governed by terms and conditions applicable to the supply of those services. A copy of our User Agreement governing additional aspects of the Site (for example the paid part of the site) can be found on the website.
21. Any supplies of services by any third parties referred to on the Site shall be governed by those third parties' own terms and conditions applicable to the supply of those services. We are not responsible for the acts or omissions of any third parties and it is your responsibility to deal directly with the third party from whom you use services in the event of you having any claims or issues.
Our liability to you
22. Paragraphs 22-34 below shall be superseded by clauses 9.1-9.10 inclusive of the User Agreement in the event you register for either a paid or free account with us through the Site.
23. Paragraphs 22-34 prevail over all other paragraphs in these Site Terms and set forth our entire Liability, and your sole and exclusive remedies, in respect of:
- 23.1 the performance, non-performance, purported performance or delay in performance of these Site Terms (or any part of it or them); or
- 23.2 otherwise in relation to these Site Terms or the entering into or performance of these Site Terms.
24. Nothing in these Site Terms shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law.
25. In performing any obligation under these Site Terms, our only duty is to exercise reasonable care and skill.
26. We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature. You should not solely rely on any information accessed using the Site and you should make your own enquiries before forming your own opinion and taking any action based on any such information.
27. Save as provided in paragraph 24 but subject to paragraph 28, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.
28. Save as provided in paragraph 24 but subject to paragraphs 27 and 30, our Liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of these Site Terms, shall not exceed £100. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this paragraph 28.
29. Save as provided in paragraphs 24 and 27, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of these Site Terms.
30. Save as provided in paragraph 24, we shall have no Liability in respect of any:
- 30.1 indirect or consequential losses, damages, costs or expenses;
- 30.2 loss of actual or anticipated profits;
- 30.3 loss of contracts;
- 30.4 loss of use of money;
- 30.5 loss of anticipated savings;
- 30.6 loss of revenue;
- 30.7 loss of goodwill;
- 30.8 loss of reputation;
- 30.9 ex gratia payments;
- 30.10 loss of business;
- 30.11 loss of operation time;
- 30.12 loss of opportunity; or
- 30.13 loss of, damage to or corruption of, data (except to the extent that that party specifically has a responsibility to prevent loss of, damage to or corruption of, data under these Site Terms);
whether or not such losses were reasonably foreseeable or the party in default or its agents had been advised of the possibility of the other incurring such losses. For the avoidance of doubt, paragraphs 30.2 to 30.13 apply whether such losses are direct, indirect, consequential or otherwise.
31. Save as provided in paragraph 24, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) £100; or b) 200% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
32. The limitation of Liability under paragraph 31 has effect in relation both to any Liability expressly provided for under these Site Terms and to any Liability arising by reason of the invalidity or unenforceability of any term of these Site Terms.
33. "Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Site Terms, including, without limitation, liability expressly provided for under these Site Terms or arising by reason of the invalidity or unenforceability of any term of these Site Terms (and for the purposes of this definition, all references to "these Site Terms" shall be deemed to include any collateral contract); and
34. "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
35. The MINCUBATOR name and logo and all other brands, names, logos, marks and slogans on the Site are the trade marks or service marks of us or our licensors.
Third Party Websites and Pages and Content
36. The Site may contain links or access to other websites (for example, the National Enterprise Network) We have no control over and accept no responsibility for the content of such linked or accessible sites or services. The links and access are provided "as is" with no warranty, express or implied, for the information provided within such sites or services.
37. In addition, the Site as well as websites and services provided by third parties through the Site may contain advertising content provided by third parties. We have no control over and accept no responsibility for that content. Those adverts are the responsibility of the advertisers. We make no warranty, express or implied, for the information or content within those adverts.
38. You must not without our permission frame any of the Site onto your own or another person's website.
39. We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Site, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
- 39.1 you shall not make any warranties or representations about us or our affiliates or our services or policies except with our prior express authorisation;
- 39.2 you shall not say anything that is false, misleading, derogatory or offensive about us or our affiliates or our services or policies; and
- 39.3 you shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.
Use of User Access Names and Passwords
40. You may need to use a user access name (or email address) and password for your access to, or enabling you to access ,restricted areas of the Site in which case this section of the Site Terms applies to you. You may also use your login details for Facebook or Linked In to access these restricted areas.
41. You must at all times keep your user access name and password strictly confidential and secure.
42. You must not choose a password which can be readily guessed.
43. You must not disclose or allow others to have access to your user access names or passwords without our prior permission, unless you are the authorised user or the authorised employee acting on behalf of the authorised user.
44. If you think you may have lost or allowed a third party to see or use your user access names or passwords, you must inform us immediately.
45. You shall be responsible for all use of the Site made under any user access names and passwords.
46. We may require that your user access names or passwords are changed from time to time.
Copyright notice and Privacy Statement
48. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Site Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
49. If you want to contact us for any reason, please do so using our live chat service.
English law and jurisdiction
50. These Site Terms (and all non-contractual obligations arising out of or connected to it) shall be governed by and construed in accordance with English law and you hereby submit to the jurisdiction of the English courts. You irrevocably agree that the English courts shall have exclusive jurisdiction over any claim or matter brought by the user in relation to these Site Terms. Nothing in this paragraph shall limit our right to take proceedings against you in any other court of competent jurisdiction. All dealings, correspondence and contacts between the parties shall be made or conducted in the English language.