Woody & Friends Website Terms & Conditions
These Terms and Conditions govern your use of the website accessed through www.woodyandfriends.co.uk (the “Website”). Please read the Terms and Conditions carefully as they affect your liabilities under the law. By using the Website, you are deemed to accept the Terms and Conditions. Please note that to access certain areas of the Website, you may be required to register as an authorised user of the Website.
1. Intellectual Property
1.1 The copyright and all other intellectual property rights in and to the Website and any and/or all of the material on the Website are either owned by us or are included with the permission of the owner of the rights or have been uploaded pursuant to the User Generated Content Policy set out below. As a visitor to the Website, you may download a single copy of each piece of material contained on the Website for your own private viewing purposes only, provided you keep intact all and/or any proprietary notices.
1.2 Subject to Condition 1.1 above, no copying of either the Website and/or any and/or all of the material contained on the Website or distribution for any commercial or business use is permitted without our prior written consent. You may not include a link to the Website or display the contents of the Website surrounded or framed or otherwise surrounded by material not originating from us without our prior written consent.
2. Your Account
2.1 If you use part of the Website that requires registration, you are responsible for (1) maintaining the confidentiality of your account and your password and (2) restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
2.2 You must ensure that the details provided by you on registration at the Website or at any time are correct and complete.
2.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
2.4 People aged under 18 may use the Website only with the involvement and supervision of a parent or guardian. By using the Website you agree you are aged 18.
3. Website Information and Availability
3.1 Whilst we take every care to ensure that the information on the Website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. The Website is provided “AS IS” with warranties excluded to the fullest extent permissible by law. Subject to condition 5 below, we do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on the Website or interruption in availability.
3.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
4. Other Promotions, Vouchers and Competitions
4.1 From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the Website. Each such offer and or voucher shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times. Your statutory rights are not affected.
4.2 Coupons, discounts and promotional discount codes (including any price match policy) offered are valid only for use in Woody & Friends store in Great Missenden, or on www.woodyandfriends.co.uk unless otherwise stated.
5.1 You may not use the Website for:
5.1.1 transmitting any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
5.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
5.1.3 gaining unauthorised access to other computer systems;
5.1.4 interfering with any other person’s use or enjoyment of the Website;
5.1.5 breaching any laws concerning the use of public telecommunications networks;
5.1.6 interfering or disrupting networks or websites connected to the Website; or
5.1.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
5.2 We reserve the right to refuse to post material on the Website or to remove material already posted on the Website. If you upload or submit material to the Website you agree to comply with the User Generated Content Policy set out below.
5.3 You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
5.3.1 any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
5.3.2 any claim by any third party that the use of the Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature;
5.3.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you;
5.3.4 any breach by you of the User Generated Content Policy.
6. Right to Suspend or Cancel Your Registration
6.1 We may suspend or cancel your registration to the Website immediately or restrict or prevent your access to the Website at our reasonable discretion if you breach any of your obligations under these Terms and Conditions.
6.2 You can cancel this agreement at any time after giving us prior notice in writing. If you do so, you must stop using the Website.
6.3 The suspension or cancellation of your registration to the Website and/or your right to access and/or use the Website shall not affect either party’s rights or liabilities.
6.4 Conditions 1 and 5 of these Terms and Conditions shall survive cancellation.
7. Our Liability
7.1 We shall not be responsible to you or any third party whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill, opportunity or reputation, loss of business, business interruption, loss of anticipated savings, third party claims, pure economic loss arising out of or in connection of the performance or non-performance of our obligations under these Terms and Conditions, including such damage as may be reasonably foreseeable at the date you order the goods.
7.2 If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the goods you purchased.
7.3 Nothing in these Terms and Conditions shall exclude or restrict our liability:
7.3.1 for death or personal injury caused by our negligence;
7.3.2 under section 2(3) of the Consumer Protection Act 1987;
7.3.3 for fraud or fraudulent misrepresentation; or
7.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.4 We shall not be liable for any loss, claim, damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) the unauthorised access to or alteration of your transmissions or data, or (c) a virus, distributed denial-of-service attack, 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 of any content on it, or on any website linked to it even if we have been advised of the possibility of such damages unless resulting from our gross negligence.
8. Written Communications
8. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Woody & Friends, 67 High Street, Great Missenden, Buckinghamshire, HP16 0AL. We may give notice to you at either the email or postal address you provide to us or in any of the ways specified in condition 8 above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
10. Events Outside our Control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1 strikes, lock-outs or other industrial action;
10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
10.2.5 impossibility of the use of public or private telecommunications networks; or
10.2.6 Systems affected as a result of computer hacking or virus
10.2.7 the acts, decrees, legislation, regulations or restrictions of any government
11.1 If we fail, at any time to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Condition 9 above.
12.1 The use of the Website and these Terms and Conditions are governed by English law. Any dispute arising from, or related to, such use and/or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England. We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
12.2 A person who is not a party to these Terms and Conditions shall have no right to enforce any term of them under the Contracts (Rights of Third Parties) Act 1999.
12.3 If any provision of these Terms and Conditions are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
12.4 We may assign, charge or transfer any of our rights or subcontract any of our obligations under these Terms and Conditions to any third party at any time.
12.5 You may not assign, charge or transfer any of your rights or subcontract any of your obligations under these Terms and Conditions except with our specific prior written permission in writing.
12.6 We reserve the right to revise and amend these Terms and Conditions from time to time and any such changes will be communicated on the Website. If you do not wish to accept the new Terms and Conditions, you should not continue to use the Website. If you continue to use the Website after the date on which the changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
12.7 We will endeavour to verify the accuracy of any product or pricing information which we place on the Website, but we make no warranties or guarantees (whether express or implied) in relation to the accuracy of such information. You must bear the risk associated with the use of the Internet.
12.8 Woody & Friends (who own this Website) is a sole trading company. Our registered office is 5 Colville Court, Back Lane, Great Missenden, HP16 0BX.
User Generated Content Policy
By uploading any material, comments, photographs, pictures, posting, content or feedback (together “Your Content”) to our Website you agree to comply with the following terms and conditions.
1. You agree that we can use the Your Content on the Website and for any other advertising, marketing, promotion and other commercial and business purposes in accordance with these terms and conditions.
2. You grant us (including our advertising agencies and promotion agencies and all parts of our business) the unrestricted, perpetual, worldwide, transferable, royalty-free right and licence (with a right to sub licence) to display, exhibit, transmit, reproduce, record, digitise, modify, alter, adapt, and otherwise use Your Content (including, all intellectual property rights in Your Content) in connection with the marketing, advertising and promotion of our businesses and brands.
3. You agree to comply with the Content Standards set out below.
4. You must be 18 years of age to post content on our Website. You warrant to us that you are 18 years of age or over.
5. You also warrant to us that;
5.1 you own all rights in Your Content or otherwise have the right to submit Your Content to us;
5.2 Your Content does not violate or infringe upon the rights of any third party (including, any intellectual property rights or privacy);
5.3 in the case of content that features images or pictures of pets the consent of the pet owner has been obtained before submitting Your Content and any persons identified in Your Content have consented to the submission of Your Content for use in accordance with these terms and conditions; and
5.4 no consent or authorisation from any third party is required in connection with our use.
6. You hereby agree to defend, indemnify and hold us and Our Family harmless from and against any and all losses, and all claims by third parties, resulting from your breach of any of the these terms and conditions.
7. You agree to waive any moral rights in Your Content and shall ensure that any other person who provided any part of Your Content to you has waived any moral rights they have in it.
8. We reserve the right to remove any of Your Content and the vary these terms and conditions and any promotion connected to the uploading of Your Content at any time at our discretion and without notice to you.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any of Your Content contribution as well as to its whole.
Your Content Must:
• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Your Content Must Not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence or animal cruelty.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of our Terms and Conditions through your use of our Website. When a breach of this Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with the Content Standards constitutes a material breach of the Terms and Conditions of use upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our Website.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude our liability for actions taken in response to breaches of our Terms and Conditions. The responses described in these Terms and Conditions are not limited, and we may take any other action we reasonably deem appropriate.