Last updated: March 01, 2023
Please read these terms and conditions carefully before using the https://thewindsmoor.co.uk website and the Windsmoor mobile application (together, or individually, the “Service“) operated by Windsmoor (“us“, “we“, or “our“).
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Service.
Accounts
When you create an account with us, you warrant that you are an individual (i.e., not a corporate entity), that you are at least 13 years of age, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Intellectual Property
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Windsmoor. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
User Content
We do not claim any ownership rights in any text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “User Content“) that you post on or through the Service. By displaying or publishing any User Content on or through Service, you hereby grant to us a nonexclusive, fully paid, royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and translate such User Content in connection with operating and providing the Service.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by us will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or control User Content that is posted or submitted to the Service. We specifically disclaim any responsibility or liability for any User Content, and make no representations or warranties regarding the User Content’s accuracy, completeness, safety or reliability.
Prohibited Uses
You agree not to:
- Use the Service for any illegal purpose or in violation of any applicable laws;
- Violate or encourage the violation of the legal rights of others;
- Interfere with, disrupt, negatively affect or inhibit other users from using the Service;
- Record, store or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, culturally or ethnically offensive material of any kind;
- Impersonate any person or entity or falsely state your affiliation with any person or entity;
- Transmit or otherwise make available any harmful or deleterious code such as viruses, trojan horses, worms, timebombs, spiders, cancelbots or any other harmful, deleterious or invasive code or program;
- Manipulate, trick, defraud or otherwise impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Remove any copyright, trademark or other proprietary notices;
- “Frame” or “mirror” any part of the Service without our prior written authorization;
- Use meta tags or code or other devices containing any reference to us or the Service to direct any person to any other web site for any purpose;
- Link to any page or content on the Service other than the home page;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service;
- Use bots or other automated methods to access the Service, add or download contacts, send or redirect messages; or
- Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
Product Pricing and Descriptions
We make every effort to display as accurately as possible the colors, features, specifications, and prices of products available on the Service. However, we do not warrant that product descriptions or other content available on the Service is accurate, complete, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any product, we shall have the right to refuse or cancel any orders in respect of such product prior to delivery. Certain weights, measures and similar descriptions are approximate and are for convenience purposes only.
Accuracy of Information
Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service is inaccurate at any time without prior notice.
Disclaimer of Warranties
Your use of the Service is entirely at your own risk, except as described below. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We do not make any express or implied warranties or representations whatsoever regarding the Service or any products sold through the Service. This includes without limitation, warranties of fitness for a particular purpose, warranties of merchantability, warranties of non-infringement or any warranties arising out of course of dealing or usage of trade. We make no representation or warranty that the Service will meet your requirements or that operation of the Service will be uninterrupted or error free. We do not guarantee the accuracy or completeness of any information on, or accessible through, the Service.
Limitation of Liability
We will not be liable for damages of any kind arising from the use of the Service, including but not limited to direct, indirect, incidental, punitive and consequential damages. We will have no responsibility to you for any claims, liabilities or expenses arising out of or related to your breach of these Terms.
Indemnification
You agree to indemnify and hold us harmless from any third party claims, damages, costs and expenses including reasonable attorney’s fees and costs arising out of your use or misuse of the Service, violation of these Terms or infringement, violation or misappropriation by you of any intellectual property rights or any other rights of any third party.
Applicable Law and Venue
These Terms shall be governed by the laws of the United Kingdom, without regard to conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be an appropriate state or federal court located in the United Kingdom and you consent to the exercise of personal jurisdiction by such courts for any such action or proceeding.
Changes to the Terms
We reserve the right, at our sole discretion, to amend these Terms at any time and will update these Terms in the event of any such amendments. We reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. Your continued use of the Service after any changes to these Terms will constitute your acceptance of such changes. The most current version of these Terms will be available on the Service and you should review these Terms before using the Service.
Entire Agreement
These Terms constitute the entire agreement between you and Windsmoor with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Windsmoor with respect to the Service.
Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
Windsmoor Ltd
100 Regent St
London W1B 4EB
United Kingdom
Email: [email protected]
Phone: 020 7946 0099
