Thank you for visiting our Website.
- Important Legal Notice
- These terms and conditions together with any documents referred to on this page (the "Terms") set out the terms on which you ("you") may use our, PendryWhite Limited's ("we", "us", "our"), websites pendrywhite.com and its subdomains (or as otherwise amended or replaced from time to time, our "Websites") and any content, services and features made available on our Websites.
- Please read these Terms carefully before using our Website. By continuing to use our Websites you indicate that you accept these Terms and that you agree to abide by them. If you use our Website in the course of your business or work, you are also agreeing to these Terms on behalf of that business. If you do not agree to these Terms, please stop using our Websites immediately.
- If you have any questions concerning these Terms or any material appearing on our Websites, please contact firstname.lastname@example.org.
- Information About Us
We, PendryWhite Limited, are a company registered in England and Wales with company number 4500656 and have our registered office at Pantiles Chambers, 85 High Street, Tunbridge Wells, Kent TN1 1XP.
Our VAT number is GB 840249735.
- Client & User Pages
- Certain areas of our Websites may not be available to you unless you have been provided with a user name and password.
- If you are provided with a user name, password or any other piece of information as part of our security and access procedures you agree to treat such information as confidential and not to disclose such information to any third party. You agree that you shall be entirely responsible for all activities carried out using your user name or password even if such activities are not carried out by you. We shall have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if (in our sole opinion) you have failed to comply with any of the provisions of these Terms.
- Website Materials & Permitted Use Policy
- We are the owner or the licensee of all intellectual property rights (including without limitation copyright, trade marks and design rights (whether registered or unregistered)
database rights, and rights in confidential information and know-how) in our Websites and in all information, articles and material published on our Websites (the "Material").
The Material is protected by copyright laws and treaties around the world and you are only permitted to use it as expressly authorised under these Terms.
- In consideration of you complying with these Terms, we grant to you for your personal and lawful use only a non-commercial, non-exclusive, non-transferable, royalty-free,
revocable licence to:
- retrieve and view the Material on any device that is compatible with the Websites (such as a PC, laptop, smartphone or tablet); and
- share links from our Website using social media tools.
- No intellectual property rights in the Materials shall be transferred to you.
- You agree that you shall not (either solely or jointly with or on behalf of any other third party) or permit others without our prior written consent: to modify or
create derivative works from the Material, or in any way commercially exploit any of the Material; or to create a database in electronic or structured manual form by downloading
and storing all or any of the Material from our Websites for any purpose whatsoever.
- You also agree that in relation to our Websites you shall not (either solely or jointly with or on behalf of any other third party) do any of the following:
- post, publish, broadcast, reference (via links or otherwise) or transmit to or from our Website any material that is threatening, defamatory, obscene, offensive, abusive, discriminatory, inflammatory, blasphemous, in breach of confidence, objectionable or for which you have not obtained all necessary licenses and/or lawful approvals; or
- upload files that contain material protected by copyright or any other form of intellectual property right unless you own or control such rights or have received all necessary licenses and/or approvals; or
- do anything that is in any way unlawful or misleading or fraudulent, or has any unlawful or misleading or fraudulent purpose or effect; or
- transmit, broadcast or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
- damage, interfere with or disrupt access to our Website or do anything which may interrupt or impair our Websites' functionality; or
- delete any author attributions, legal notices, (including without limitation copyright and trade mark notices) from any Material; or
- access or attempt to access any area which you are not authorised to access or circumvent or attempt to circumvent any security functionality.
- Viruses, Hacking and Other Offences
- You must not misuse our Websites by introducing viruses, trojans, worms, corrupted files, logic bombs or other material or software which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Websites, the server on which our Website is stored or any server, computer or database connected to our Websites. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
- We make no warranty that these Websites or the equipment that makes it available shall be free from any viruses or anything else which may cause harm to your (or anyone else's) computing equipment. As such, we will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading or accessing of any material posted on it, or on any website linked to it.
- Information Supplied by You
- We process information about you in accordance with our Privacy and Cookies Policy and you agree that all information provided by you may be
used by us in accordance with our Privacy and Cookies Policy.
- Where any part of our Websites requires you to register or to provide information it is your obligation to provide complete and accurate information and to update us of any changes to
such information where appropriate.
- We have the right to remove any material or posting you make on our Websites if we deem this action appropriate.
- Our Liability
- This clause sets out our entire liability to you in relation to our Websites and the information and material published on it.
- Whilst we endeavour to ensure that our Websites are always available and that the content on our Websites is accurate and complete, we make no warranty in relation to such availability, accuracy or completeness. Any of the material on our Websites may be out of date at any given time, and we are under no obligation to update such material. Our Websites and any material on it are provided on an "as is" and "as available" basis. Other than as stated in these Terms we make no (and expressly exclude all) conditions, representations or warranties, express and implied, whether by statute, common law or otherwise, to the greatest extent permitted by law.
- Subject to the next clause below, to the extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Websites or in connection with the use, inability to use, or results of the use of our Websites, any websites linked to it and any materials posted on it whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- This clause does not affect our liability for:
- death or personal injury arising from our negligence;
- our liability for fraudulent misrepresentation; or
- any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify us against all and any expenses, costs, losses, liabilities and damages howsoever incurred by us whether in relation to any claims or proceedings or otherwise,
which arise in any way from your use of our Websites or from any breach by you of these Terms or for any use of our Websites by anyone using your password and login information.
- Links from our Website
Where our Websites contains links to other sites and resources provided by third parties, these links are provided for your information only. Whilst we endeavour to vet those third parties
who we link to, we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them and you
shall select and use any such links entirely at your own risk.
- Linking to our Website
- You may link to our Websites provided that you do not:
- in anyway suggest that we are endorsing any of your products or services; or
- misrepresent our relationship with you nor present any other false information about us; or
- display or use a link to our Websites in a manner that causes the Websites or any portion of its content to display within a frame; or
- embed into your website, or link directly to without proper credit and context, any asset, file or resource (for example an image or PDF document) contained in our Websites,
unless you have our express permission to do so; or
- link to our Websites if your website (or any part of it) may be considered to be obscene, defamatory, harassing, offensive or malicious, or if your website infringes
any third party rights or otherwise does not comply with all applicable laws or regulations.
- We may, at our sole discretion, for any or no reason, terminate your right to link to our Websites by providing you with written notice. Upon receiving any such written
notice you shall immediately remove any such link to our Websites.
- Changes to these Terms
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may make,
as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.
- You may not assign, sub-licence or otherwise transfer any of your rights under these terms as such rights are personal to you.
- If any part of these Terms is found to be invalid by any court having competent jurisdiction that part shall be enforced to the maximum
extent possible and the validity of the remaining terms will be unaffected.
- Nothing in these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
- Jurisdiction & Applicable Law
- The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Websites although we retain the right to bring proceedings against you or to enforce proceedings already concluded for breach of these conditions in your country of residence or any other relevant country.
- These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
These Website Terms and Conditions were last updated: 7 October 2014.