1 Acceptance of Terms
This is the walkerfoster.com website which is owned by Walker Foster Limited, a company whose registered office is at 3 High Street, Skipton, BD23 1AA (“we”, “us”, “our”).
For the purposes of these terms and conditions we refer to the walkerfoster.com website and database (the “Database”) collectively as the “Website”.
Your access to and use of the Website is subject exclusively to these Terms and Conditions.
2 Use of the Website
2.1 You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
2.2 You shall not use the Website to copy, adopt, reproduce or redistribute the Database or Website in any similar way.
2.3 Unauthorised attempts to upload information or change information on this Website is illegal and strictly prohibited.
2.4 Under licence from [iStockphoto or other image provider] we may use / have used certain iStockphoto (or other) images on the Website. You agree that you will not use, copy, reproduce or deal in any other way with these images or any part thereof in any manner that may contravene and/or may result in us failing to comply with our obligations under the aforementioned licence. [If you are in any doubt as to what you are permitted to do in relation to any image on the Website, please contact us at the address above for clarification.]
3 Changes to Website
We reserve the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal;
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such changed terms and conditions.
4 Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites or of the owners of such websites and of the goods and/or services offered on such third party websites and we do not accept any responsibility in respect of such. We do not give any warranty as to the accuracy, reliability or content of any information or materials on such third party websites and shall not be liable for any loss or damage arising from their use. You acknowledge and agree that we are not responsible for the content or availability of any such sites.
5 Copyright and Intellectual Property
5.1 All copyright, database rights, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by us or our licensors.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
5.3 No permission is given by us for use by any person of any intellectual property in the Website which may constitute an infringement of our intellectual property rights or the rights of any third party.
6 Disclaimers and Limitation of Liability
6.1 Although we have taken reasonable care to ensure that information and materials on the Website are accurate and up to date, we do not give any warranty or guarantee as to the accuracy of such information and materials contained on the Website. The contents of the Website do not constitute advice and you use the Website at your own risk. You should check thoroughly any details supplied and contact the organisations and people detailed in the Database before relying upon the information and/or incurring any costs and/or entering into any agreement with a third party. We are not responsible for any loss or damage arising from the use of such material and information including, without limitation, for any inaccuracy, misleading statement or representation made by any third party information provided for publication on this Website.
6.2 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied. Except as expressly set out in these terms and conditions any warranties, term and conditions implied by or otherwise shall be excluded to the fullest extent permitted by law.
6.3 To the fullest extent permitted by law, we shall not be liable for any loss of profit; loss of business; loss of contract; loss of use; loss of or corruption to data or information; loss or depletion of goodwill or similar losses; or any special, indirect or consequential loss, costs or damage arising out of or in connection with these terms and conditions and/or the Website.
6.4 We give no warranty regarding the functionality of the Website including without limitation that the Website will be available on an uninterrupted or error free basis; that defects will be corrected; or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive and no liability can be accepted in respect of losses or damages arising out of such. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
6.5 Nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury caused as a result of negligence or for fraud or fraudulent misrepresentation.
You agree to indemnify and keep us indemnified from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Website arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9 Entire Agreement
These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
10 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.