THE FOLOWING ‘TERMS OF USE’ AND CONDITIONS CONTAIN IMPORTANT
INFORMATION ABOUT YOUR
RIGHTS AND OBLIGATIONS WHEN USING www.w1n2thr3.com
1. INTRODUCTION
1.1 w1n2thr3 Holdings Ltd is registered in the United Kingdom,
with its head office located at Kemp
House, 128 City Road, London, United Kingdom, EC1V 2NX.
1.2 These ‘Terms of use’ and conditions are deemed to include
our Privacy Policy and Cookie Policy also
contained within ‘The Website’.
1.3 When you use ‘The website’, you agree to be bound by these
‘Terms of use’ and conditions. If you do
not agree to be bound by these ‘Terms of use’, you may not use
‘The website’.
1.4 Certain uses of ‘The Website’ are prohibited and amount to
a misuse of our systems and ‘The Website’.
Please refer to clause 3.
1.5 You may print and keep a copy of these ‘Terms of use’. They
are a legal agreement between us and can
only be modified with our consent. We may change these ‘Terms
of use’ at our discretion by changing
them on ‘The Website’. The then current version of these ‘Terms
of use’ will apply whenever you use ‘The
Website’.
2. INTELLECTUAL PROPERTY
2.1 The copyright and all other intellectual property rights in
‘The Website’ (including all database rights,
trade marks, service marks, trading names, text, graphics,
code, files and links) belong to W1N2THR3 or our
business partners or associates. Subject to clause 3, you may
download material from ‘The Website’ for the
sole purpose of using ‘The Website’. However, you must not
copy, transmit, modify, republish, store (in
whole or in part), frame, pass-off any material or information
on or downloaded from ‘The Website’
without attributing it to W1N2THR3 or our prior written
consent, where applicable.
2.2 ‘The Website’ may contain links to websites operated by
third parties. W1N2THR3 have no control over
their individual content. We therefore make no warranties or
representations as to the accuracy or
completeness of any of the information appearing in relation to
any linked websites. The links are for your
convenience only. We do not recommend any products or services
advertised on those websites. If you
decide to access any third party website linked from ‘The
Website’, you do so at your own risk.
2.3 The details of the properties available on ‘The Website’
are provided for your information only. We
make no warranties or representations as to their accuracy or
completeness. If you rely on these details,
you do so at your own risk.
3. YOUR OBLIGATIONS AND CONDUCT
3.1 You accept that you are solely responsible for ensuring
that your computer system meets all relevant
technical specification necessary to use ‘The Website’ and that
your computer system is compatible with
‘The Website’.
3.2 You must not misuse our system or ‘The Website’. In
particular, you must not hack into, circumvent
security or otherwise disrupt the operation of our system and
‘The Website’, or attempt to carry out any of
the foregoing.
3.3 You must not use or attempt to use any automated program
(including, without limitation, any spider
or other web crawler) to access our system or ‘The Website’, or
to search, display or obtain links to any part
of ‘The Website’, other than the home page at www.w1n2thr3
.com. Obtaining access to any part of our
system or ‘The Website’ by means of any such automated programs
(other than a Permitted Program) is
strictly unauthorised.
4. REGISTRATION
4.1 To register for the MyW1N2THR3 service and receive details
of properties on ‘The Website’, you must
submit a completed registration form to us. At our discretion,
we may refuse your application for
registration. If we accept your application for registration,
we will confirm this by sending you an email
containing an activation link.
4.2 Each registration is for a single user only. You may not
share your username and password with any
other person nor with multiple users on a network.
4.3 You undertake that all information provided by you for the
purposes of registering with us is accurate
and complete.
4.4 You accept sole responsibility for all use of and for
keeping secret any account ID and password that
may have been given to you or chosen by you for use on ‘The
Website’. You will notify us immediately of
any unauthorised use of them or any other breach of security of
‘The Website’ of which you become
aware.
5. BARRING FROM ‘THE WEBSITE’
5.1 We reserve the right to bar users from ‘The Website’ and/or
restrict or block their access or use of any
and all elements of our services, on a permanent or temporary
basis at our sole discretion. Any such user
shall be notified and must not then attempt to use ‘The
Website’ under any other name or through any
other user.
6. WARRANTY
6.1 Whilst we endeavour to ensure that any material available
for downloading from ‘The Website’ is not
contaminated in any way, we do not warrant that such material
will be free from infection, viruses and/or
similar code.
6.2 Due to the nature of software and the internet, we do not
warrant that your access to, or the running
of, ‘The Website’ will be uninterrupted or error free. We shall
not be liable if we cannot process your details
due to circumstances beyond our reasonable control.
6.3 The information provided on ‘The Website’ is for general
interest only and does not constitute specific
advice. Whilst we endeavour to ensure that the information on
‘The Website’ is accurate, complete and up-
to-date we make no warranties or representations that this is
the case.
6.4 We make no warranty or guarantee that ‘The Website’ or
information available over it complies with
laws other than those of England.
7. LIABILITY
7.1 Nothing in these ‘Terms of use’ will be deemed to exclude
our liability to you for death or personal injury
arising from our negligence, or for fraudulent
misrepresentation.
7.2 Subject to clause 7.1, we will not be liable for any
failures due to software or Internet errors or
unavailability, or any other circumstances beyond our
reasonable control.
7.3 Subject to clause 7.1, we do not accept any liability for
loss of your password or account ID caused by a
breakdown, error, loss of power or otherwise caused by or to
your computer system.
7.4 Subject to clause 7.1, we accept no liability for any loss
suffered as a result of your use of ‘The Website’
or reliance on any information provided on it and exclude such
liability to the fullest extent permitted by
law.
8. LEGAL JURISDICTION
8.1 English law shall apply to these ‘Terms of use’. You
irrevocably agree that the courts of England will have
exclusive jurisdiction to settle any dispute which may arise
out of, under, or in connection with these ‘Terms
of use’ and for those purposes irrevocably submit all disputes
to the exclusive jurisdiction of the English
courts.
9. NOTICES
9.1 All notices shall be given:
9.1.1 To us by post to w1n2thr3 Holdings Ltd , Kemp House, 128
City Road, London, United
Kingdom, EC1V 2NX.
9.1.2 To you, by email to the email address that you provide to
us at the point of your registration, as may
be amended by you on the Personal Details section of ‘The
Website’ from time to time.
9.2 All notices sent by email will be deemed to have been
received on receipt (or, when received on a UK
national holiday or on a Saturday or a Sunday, the next working
day following the day of receipt). All notice
sent by post will be deemed to have been received 3 working
days after the date of posting.
10 GENERAL
10.1
We may from to time to time change the content of ‘The Website’
or suspend or discontinue any aspect of
‘The Website’, which may include your access to it. Subject to
our notifying you to the contrary, any
amendments or new content to ‘The Website’ will be subject to
these ‘Terms of use’.
10.2
These ‘Terms of use’ are the whole agreement between you and
us. You acknowledge that you have not
entered into this agreement in reliance on any warranty or
representation made by us (unless made
fraudulently). If a court decides that any part of these ‘Terms
of use’ cannot be enforced, that particular part
of these ‘Terms of use’ will not apply, but the rest of these
‘Terms of use’ will. A waiver by a party of a
breach of any provision shall not be deemed a continuing waiver
or a waiver of any subsequent breach of
the same or any other provisions. Failure or delay in
exercising any right under these ‘Terms of use’ shall not
prevent the exercise of that or any other right. You may not
assign or transfer any benefit, interest or
obligation under these ‘Terms of use’. The provisions of the
Contracts (Rights of Third Parties) Act 1999 shall
not apply to these ‘Terms of use’.