waterscape.com terms of use

1 Introduction

1.1 These Terms and Conditions of Use set out the rights and obligations of users of the Waterscape.com website (“user”, “you”, “your”) and those of British Waterways (VAT Registration Number: GB 817 231546), whose Head Office is at 64 Clarendon Road, Watford WD17 1DA, United Kingdom (“Waterscape”, “we”, “us” or “our”) in relation to the Waterscape.com website and the services provided by Waterscape through it. Your use of this website is subject to these Terms and Conditions of Use and by using this website you are deemed to understand and accept these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use, please do not use the Waterscape.com website.

2 Information, Accuracy and Availability

2.1 Whilst Waterscape makes every effort to present accurate and reliable material and information on the Waterscape.com website, it does not endorse, approve or certify any material and information on the Waterscape.com website as true or accurate, nor do we guarantee the completeness, efficacy or timeliness of such material and information. Reference to any product, process or service does not constitute nor imply endorsement or recommendation from Waterscape unless expressly stated. Accordingly Waterscape does not accept any liability arising from any inaccuracy or omission in the information provided.

2.2 Prices and details of products and services referred to on the Waterscape.com website are subject to change without notice. All products and services are subject to availability and Waterscape gives no guarantees in this regard.

2.3 Your use the Waterscape.com website entirely at your own risk.

2.4 To the extent that the law permits, you release British Waterways, its directors, contractors and employees from all liability arising out of or in connection with the Waterscape.com website and any material included on the website by users and other third parties.

3 Links to Other Websites

3.1 At certain places on the Waterscape.com website, hypertext links are provided to enable you to directly access other third party websites. These third party websites will contain material or information created, published and maintained by organisations independent of Waterscape and may offer goods or services for sale. Waterscape does not endorse, approve, certify or control these external sites, nor any product or service referred to on them and consequently does not guarantee the accuracy, completeness, efficacy, or timeliness of any material and information appearing on such websites or the quality of any goods or services for sale.

3.2 Waterscape assumes no responsibility for any consequences resulting from the use of any material and information displayed or posted on such third party websites and expressly disclaims all liability for damage arising out of the use, reference to, or reliance upon such information.

3.3 All purchases made through such third party websites will be subject to the third party's own conditions of sale and at no time is Waterscape acting in the capacity of either agent, partner or otherwise for such third parties.

4 Linking to waterscape.com

We welcome links to our site, subject to the following Terms & Conditions. By linking to Waterscape.com you are deemed to have accepted them.

4.1 You may not display the contents of Waterscape.com from within a frame on your site without express written permission.

4.2 You may not imply an affiliation between your site and Waterscape.com without express written permission.

4.3 You may not link to Waterscape.com if your site contains material which in our opinion is not legal, decent or honest.

4.4 We may terminate your right to link to Waterscape.com at any time, at our sole discretion. If so you are required to remove any such links with immediate effect.

5 Privacy Policy

5.1 Waterscape's Privacy Policy forms part of these Terms and Conditions of Use, and in accepting these Terms and Conditions of Use you also give your consent to the way in which your personal data is handled, which will be in accordance with our Privacy Policy.

5.2 You accept that, due to the nature of the World Wide Web, any posting on the Waterscape.com website (whether or not containing personal information) is accessible to Internet users around the world.

5.3 Waterscape is not responsible for the privacy practices of any third party websites which are referred to on or linked to the Waterscape.com website. You accept that when you leave the Waterscape.com website, whether by clicking on a displayed link to a third party website or otherwise, the Waterscape Privacy Policy ceases to apply. Waterscape encourages you to read the privacy policies of each and every website that collects personal information.

6 Use of the waterscape.com Website

6.1 In using the waterscape.com website you must not:

6.1.1 place material on, or otherwise use, the waterscape.com website for any business or commercial purpose; or

6.1.2 use your access to the waterscape.com website, or information gathered from it, for the sending of unsolicited bulk email (sometimes referred to as “spam”).

6.2 You must ensure that any material which you post on the waterscape.com website or any activity or communication which you make in connection with any service provided by the waterscape.com website, will not be capable of:

6.2.1 infringing the intellectual property or other rights of any person or entity;

6.2.2 breaching any applicable law; or

6.2.3 appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.

6.3 Waterscape reserves the right to, at any time, suspend or terminate your access to the waterscape.com website, or parts of it.

6.4 Once your access has been suspended or terminated you must not re-access the website without our prior consent.

7 Alerting Waterscape

If you see anything on the waterscape.com website which appears to infringe these Terms and Conditions of Use, please contact us to inform us of it by either writing to us at 64 Clarendon Road, Watford WD17 1DA, United Kingdom, emailing us here at feedback@waterscape.com or telephoning us on +44 (0)1923 201120. We may not monitor all material contributed by users before it is placed on the waterscape.com website and so we are reliant upon users to point out material which infringes these Terms and Conditions of Use.

8 Withdrawal of Material and Termination of Use

Without obligation, Waterscape reserves the right to withdraw or modify any aspect of the waterscape.com website for whatever reason, whether legal, technical or otherwise. This includes the right to withdraw or modify any material posted on the waterscape.com website which appears, whether based on information received from users or on our own determination, to be capable of breaching any part of these Terms and Conditions of Use, or to bring Waterscape into disrepute. Notwithstanding the foregoing, Waterscape does not accept any responsibility for any third party material posted on the website.

9 Intellectual Property

9.1 You acknowledge that all copyright, trademarks and other intellectual property rights in and relating to Waterscape and the waterscape.com website (including any material contributed by users) are owned by Waterscape or third parties. Trademarks of Waterscape include, but are not limited to: Waterscape, waterscape.com, The Waterscape, UK Waterscape and Waterscape UK.

9.2 You must not copy, distribute, show in public or create any derivative work from the waterscape.com website without our prior written permission. Such permission may be sought by either writing to us at 64 Clarendon Road, Watford WD17 1DA, United Kingdom, emailing us here at editor@waterscape.com, United Kingdom or telephoning us on +44 (0)1923 201120.

9.3 By submitting material to the waterscape.com Website, you:

9.3.1 are representing that you are fully entitled to do so;

9.3.2 grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create or derive works from that material in any form; and

9.3.3 authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author of the material in question.

10 Exclusion of Loss

10.1 Waterscape will not be liable to its users or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these Terms and Conditions of Use or otherwise).

10.2 Waterscape will not be liable for any failure to perform its obligations under these Terms and Conditions of Use caused by matters beyond its control, howsoever arising.

11 Non-excluded Liabilities

Nothing in these Terms and Conditions of Use limit Waterscape's liability for death or personal injury resulting from our negligence, or any other liability which may not be lawfully excluded. Any statutory rights you may have as a consumer remain unaffected by these Terms and Conditions of Use.

12 Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions of Use by you.

13 Assignment

Waterscape reserves the right to assign these Terms and Conditions of Use and to assign or subcontract all or any of our rights and obligations under these Terms and Conditions of Use. You may not without the written consent of Waterscape assign or dispose of these Terms and Conditions of Use.

14 Variations to these Terms and Conditions of Use

Waterscape reserves the right to vary these Terms and Conditions of Use from time to time. Such variations will take effect immediately upon the posting of the varied Terms and Conditions upon the waterscape.com website. In continuing to use the waterscape.com website, you are deemed to accept such variations.

15 Entire Agreement

These Terms and Conditions of Use include our Privacy Policy. Together they represent the whole agreement between us and you concerning the waterscape.com website and they replace all earlier agreements and understandings between you and us. Any person who is not a party to any agreement formed under these Terms and Conditions of Use has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions of Use.

16 Severability

In the event that any term of these Terms and Conditions of Use is held to be invalid or unenforceable by a court of appropriate jurisdiction, the remaining Terms and Conditions of Use shall remain valid and enforceable.

17 Headings

Headings used in these Terms and Conditions of Use are for convenience only and shall not affect their interpretation.

18 Law

These Terms and Conditions of Use shall be governed and construed in accordance with the law of England and Wales, and any dispute arising between us shall be subject to the exclusive jurisdiction of the English courts save that nothing in this paragraph shall prevent or restrict either of us from pursuing injunctive relief from courts in other jurisdictions in respect of which either of us might otherwise be entitled.

19 Language

In the event of any conflict or inconsistency between the terms of the English version of these Terms and Conditions of Use and any translation, whether provided by Waterscape or otherwise, the English version of the Terms of Conditions of Use shall prevail.

All contracts to be entered into via this website will be in English.