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Terms and Conditions
LEGAL DISCLAIMER

1. Introduction

This page sets out the terms and conditions on which you may make use of this website. Please read these terms and conditions and our privacy policy carefully before you start to use the website. By using our website you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please do not use this website.

2. Company Details

This website is maintained by Whippendell Marine Ltd. Our details can be found on the Contact Us page.
You may contact us at webmaster@whippendell-marine.co.uk or our address.

3. Liability

The information provided on or from this website is intended to give general information about Whippendell Marine. Whippendell Marine Ltd does not represent that the information contained in this website is comprehensive, verified, complete or accurate and shall not accept any liability for the accuracy or completeness of the information contained in this website. While Whippendell Marine Ltd has taken care in the preparation of the contents of this website, Whippendell Marine Ltd does not accept any liability for any loss that might arise from reliance on any of this information or from your use of the website or in connection with your downloading of any material posted on it, or on any website linked to it, including without limitation any liability for:

  • Damage to your computer system or other device used to access the website
  • Loss of income or revenue
  • Loss of business
  • Loss of profits or contracts
  • Loss of anticipated savings
  • Loss of data
  • Loss of goodwill
  • Wasted management or office time
  • Any other loss of damage of any kind, however arising and whether caused by tort, negligence, breach of contract or otherwise, even if foreseeable.

All contents are provided on an “as presented” basis without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded.
We do not limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or fraud, nor for any other liability which cannot be excluded or limited under applicable law.

4. Your Use of the Website

You agree to use the website (or any part of it) in accordance with all applicable laws relevant to the jurisdiction from which you access the website.
You agree that in using the website (or any part thereof) you will not:

  • Use the website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity;
  • transfer files to or through the website that contain viruses, Trojans, worms or anything else that is malicious or technologically harmful or that may interfere with, interrupt or disrupt the normal operation of the website;
  • introduce or transfer through the website material that is defamatory, libellous, obscene, offensive, threatening, menacing or blasphemous, or material that may cause annoyance inconvenience or needless anxiety;
  • use the website in a way to cause it to be interrupted, damaged, rendered less efficient or in a way so that the effectiveness or functionality of the website is impaired;
  • use the website in a manner that infringes the rights of another person, firm or company (including, without limitation, intellectual property rights, confidentiality rights or rights of privacy);
  • do anything that would seek to bypass or interfere with any security features of the website, or interfere with any of our websites, servers, or networks;
  • attempt to gain unauthorised access to any part or component of the website, the server on which the website is stored or any server, computer or database connected to the website; and
  • upload files which contain an active hypertext link to another website.

In the event that you have a claim against another user of the website arising out of that user’s use of the website, you agree to pursue such right, claim or action independently of and without recourse to us.

5. Website Operation

Whippendell Marine Ltd does not warrant that the functions or material accessible from or contained in this website shall be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are virus or bug free or represent the full functionality, accuracy or reliability of the materials.

6. Indemnity

You agree to indemnify us against all claims, liability, damages, losses, costs and expenses, (including legal fees), suffered by us and arising out of any breach of these terms by you (including in relation to any materials submitted by you) or any other liabilities arising out of your use of the website or the use by any other person accessing the website using your internet account.

7. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the website, unless otherwise stated, and in the material published on it, including, without limitation, trademarks, logos, graphics, photographs, publications, and text. Those works are protected by the copyright laws of England & Wales, international copyright treaties and all other applicable copyright and intellectual property laws around the World.
Your use of the website and its contents does not grant you any rights to our intellectual property or the intellectual property of third parties in the website and its contents.
Other than as expressly permitted in these terms, you may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the website or the computer codes of elements comprising the website. However, you may download or print insubstantial extracts of the content of the website to your hard disk for the sole purpose of viewing it provided that no more than one (1) temporary copy of any information is made. You may also print one (1) copy or extract of any page from the website for your personal reference or non-commercial use and you may draw the attention of others within your organisation to material posted on the website, provided always that you acknowledge our status (and that of any identified contributors) as the authors of material on the website.
In downloading or printing any content from the website, you must not remove or amend any trademark, copyright notice or other proprietary notice, legend or restriction including product identification details from any of the material or information contained on pages of the website. In addition, you are not allowed to modify, in any way, the paper or digital copies of any materials you have printed or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the website for commercial purposes without obtaining a licence to do so from us or our licensors. You may not copy or republish any such information in any other manner without our prior written consent.
Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of the website may be in breach of statutory or common law rights which could be the subject of legal action.
Certain words, phrases, logos, icons, graphics or designs used on the pages of the website may constitute our trade names or unregistered trademarks of ours. The display of any of the above trade names or trademarks on the website does not imply that any licence has been granted to you.
We reserve to right take any action to prevent the unauthorised use of our intellectual property rights.
All third party product or company names, devices, logos, icons, graphics or designs referred to on the website are or may be trademarks of their respective owners and are exhibited in good faith and in such a manner as intended to be for the benefit of such trademark owners. We do not give permission for their use by any person other with the consent of their owners. Any such use without consent may constitute an infringement of the owner’s rights. The appearance or absence of any third party products, services, companies, organisations, home pages or other websites on the website does not imply any endorsement or non-endorsement by us.

8. Changes to the Wesite and Products and Services

The contents of the web website may be amended at any time and we may suspend access to the website. Whippendell Marine Ltd may cease supplying, or may alter, a particular product or service at any time.

9. Links to this Website

You may establish a link to the Website provided that:

  • you link only to the home page of the website;
  • the link is from a website owned by you;
  • the link is fair and legal and does not damage our reputation or take advantage of it;
  • the link does not suggest any form of association, approval or endorsement on our part where none exists;
  • you do not remove or obscure advertisements, copyright notices or any other proprietary, legal or trademark notices on the website; and
  • the website is not framed on any other site.

To establish a link to the Website, You must give us prior written notice of such link by sending an e-mail message to us at webmaster@whippendell-marine.co.uk.
We reserve the right to withdraw your linking permission without notice and you must immediately stop providing links to the Website if so notified by us.

10. Third Party Links

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. Changes to These Terms & Conditions

We may change these terms and conditions at any time and will post such changes here. By using this website you will be considered to be bound by these terms and any updates.

12. Severance

If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.

13. Law and Jurisdiction

These terms and conditions are subject to the laws of England and Wales and to the exclusive jurisdiction of the courts of England and Wales.

20TH OCTOBER 2022