Terms of Use
Last Updated: 28/10/20
- www.thewimbaway.co.uk (“Website”) is a site operated by Life Outdoors Ltd t/a Wimba, a company registered in England and Wales (company number 11213048) with a registered address at 24 Lodge Close, Edgware, England, HA8 7RL (“Company”, “we”, “us”, “our”).
- If you have any questions about these Terms of Use, please contact us by calling +44 208 611 2603 or emailing info@thewimbaway.co.uk.
- These terms set out the rules for the use of the Website. If you have any questions about these Terms of Use or would like to discuss them with us, please contact us.
- By using the Website, you confirm that you accept these Terms of Use and agree to comply with them. If you do not agree, you must not use the Website. We recommend that you print a copy for future reference.
- These Terms of Use apply each time you access any part of the Website or use any content on it. By accessing or using the Website, you agree to be bound by these Terms of Use and any other applicable terms, including the Privacy Policy, Cookies Policy, and Terms of Business. If you do not accept these terms, you should not use the Website.
- We amend these Terms of Use from time to time without any advance notice. Every time you wish to use the Website, please check these terms to ensure you understand the Terms of Use that apply at that time. We will always state at the top of the terms the date on which the terms were last amended or updated..
- We may update and change the Website from time to time to reflect changes to our products or services, our users’ needs, and our business priorities, or for any other reason. We reserve the right to do so without giving you any notice. The Website is made available free of charge.
- We do not guarantee that the Website, or any content on it, will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of the Website for business and operational reasons. Where possible, we will try to give you reasonable notice of any suspension or withdrawal.
- You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and any other applicable terms and conditions, and that they comply with them.
- You agree to only use the Website and any content on the Website for lawful purposes and in such a way that does not prevent, restrict or otherwise prejudice the use of the Website by anyone else.
- Prohibited use of the Website or any content on the Website includes:
- Distributing any type of virus, spyware, malware or other programs or files designed to cause harm, nuisance, disruption, loss and/or corruption of data.
- Hacking or attempting to hack any part of the Website or any system run through the Website.
- Transmitting any material which is or may be considered to be defamatory, obscene, racist, indecent or offensive.
- Attempting to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Transmitting any material which harms or causes distress, or may harm or cause distress.
- Transmitting, or procuring the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- Creating a database that includes material downloaded or obtained from the Website without written permission from the Company.
- Using the Website in any way that damages or may damage the reputation of the Company or brings or may bring the Company, its employees or affiliates into disrepute.
- Using the Website in a way that breaches any applicable local, national or international law or regulation.
- Using the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- Using the Website for the purpose of harming or attempting to harm minors in any way.
- Bullying, insulting, intimidating or humiliating any person.
- Sending, knowingly receiving, uploading, downloading, using or re-using any material which does not comply with our content standards.
- You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Terms of Use.
- Not to access without authority, interfere with, damage or disrupt any part of the Website.
- Not to access without authority, interfere with, damage or disrupt any equipment or network on which the Website is stored.
- Not to access without authority, interfere with, damage or disrupt any software used in the provision of the Website.
- Not to access without authority, interfere with, damage or disrupt any equipment, network or software owned or used by any third party.
- By breaching the provisions of this clause, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and
- You may use our Website to communicate with other users of the Website, and we may provide interactive services on our Website, including without limitation communication functionality, messages, chat rooms, bulletin boards or comment sections (“User Content”).
- You acknowledge that the Company has no obligation to monitor access to or use of the Website by any user, or to review, disable access to, or edit any User Content, but has the right to:
- Operate, secure and improve the Website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes).
- Ensure users’ compliance with these Terms.
- Comply with applicable law or the order or requirement of a court, law enforcement authority or other administrative agency or governmental body.
- Respond to User Content that it determines to be harmful or objectionable.
- You agree to cooperate with and assist the Company in good faith, and to provide the Company with such information and take such actions as may be reasonably requested with respect to any investigation undertaken by the Company or its representatives regarding the use or abuse of the Website.
- While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the nature or quality of any content posted by other users of the Website.
- Where we have assessed any possible risks to users from third parties when using interactive services on our Website, we will decide in each case whether moderation is appropriate (and what type of moderation to use). However, we are under no obligation to oversee, monitor or moderate any interactive service, and we expressly exclude liability for any loss or damage arising from the use of such services in contravention of our content standards, whether moderated or not.
- Our Website is not suitable for minors, and minors must not use our Website.
- Where we do moderate an interactive service, we will normally provide a means of contacting the moderator should a concern or difficulty arise.
- These content standards apply to any and all material which you contribute to our Website (“Contribution”) and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
- The Company will determine, in its discretion, whether a Contribution breaches the Content Standards.
- A Contribution must:
- Be accurate where it states facts.
- Be genuinely held where it states opinions.
- Comply with the law applicable in England and Wales and in any country from which it is posted.
- A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate any person.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abusive or invasive of another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person; impersonate any person or misrepresent your identity or affiliation with any person; or give the impression that the Contribution emanates from the Company where this is not the case.
- Advocate, promote, incite or assist any unlawful or criminal act, including (by way of example only) copyright infringement or computer misuse.
- Contain any statement which you know or believe, or have reasonable grounds for believing, would be understood as a direct or indirect encouragement or inducement to commit, prepare or instigate acts of terrorism.
- Contain any advertising, promote any services, or include links to other websites.
- When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
- Failure to comply with these Content and Communication Standards constitutes a material breach of the Terms 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 Contribution uploaded by you to our Website.
- Issuing a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, without limitation, reasonable administrative and legal costs) resulting from the breach.
- Taking further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably consider necessary or as required by law.
- Excluding our liability for all actions we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
- We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. The Website is directed to people residing in England & Wales. We do not represent that content available on or through the Website is appropriate for use or available in other locations.
- All copyright, trademarks, design rights, patents and other intellectual property rights contained in the Website and all content available on the Website remain the property of the Company or its licensors. All such rights are reserved.
- Except as set out in these Terms or as expressly permitted by copyright law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public or otherwise use any part of the Website (including any content on the Website) without our express written permission. Where such permission is granted:
- You must clearly identify the source of the content.
- You must acknowledge the copyright and moral rights status.
- You must not modify any materials you have printed or downloaded in any way.
- You must not use any illustrations, photographs, video or audio sequences, or graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
- You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-sublicensable, revocable and non-transferable licence to share content from the Website on social media solely for your personal and non-commercial use. When doing so, you must comply with clauses 9.2.1 to 9.2.5.
- Unless it forms part of a specific product or service description, you should not rely on information provided on the Website. The content on the Website is provided for general information purposes only and is not intended to constitute advice on which you should rely.
- Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
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We are not responsible for other sites we link to. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked sites or information you may obtain from them. We have no control over the contents of those sites or resources.
- You may link to the Website’s home page, provided that you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to the Website from any website that you do not own, and the Website must not be framed on any other site.
- We reserve the right to withdraw linking permission without notice.
- If you wish to link to or make any use of content on the Website other than as set out above, please contact us.
- We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising from the supply of any products or services to you, which will be set out in our Terms of Business.
- While we make every effort to ensure the accuracy of the content on the Website, we accept no responsibility for any errors, omissions or inaccurate content and reserve the right to make changes to the content on the Website from time to time.
- Our content, including information, names, images and logos relating to the Company and its products and services, is provided “as is”. To the fullest extent permitted by law, we exclude all representations and warranties (whether express or implied), including implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and accuracy.
- Subject to the foregoing, we shall not be liable for any of the following losses or damages (whether in contract, tort (including negligence), breach of statutory duty or otherwise, whether foreseen, foreseeable, known or otherwise):
- Use of, or inability to use, the Website.
- Use of or reliance on any content displayed on the Website.
- Business interruption.
- Loss of anticipated savings.
- Loss of data, business, opportunity, goodwill or injury to reputation, profit, sales, business or revenue, and any special, incidental, consequential, punitive or exemplary losses, damages or costs arising from your use of the Website, its content, or any services provided through it.
- We will only use your personal information in accordance with our Privacy Policy.
- We do not guarantee that the Website will be secure or free from bugs or viruses, and we are not responsible for any viruses. You must not introduce viruses to the Website. You are responsible for configuring your information technology, computer programs and any devices you use to access the Website in a way that protects them, and you should use your own virus protection software.
- If you are using the Website from outside England and Wales, other laws may apply to your use of the Website. We operate the Website from within England and Wales. These Terms of Use, their subject matter and formation, are governed by English law, and by using the Website you agree to the exclusive jurisdiction of the courts of England and Wales.
- If you are accessing the Website from outside England and Wales, we are not subject to local laws applicable in your country and the Website may not comply with those local laws. It is your responsibility to ensure that your use of the Website does not breach any applicable local laws.
- If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall remain in full force and effect.
- Any delay or failure by the Company to enforce or exercise any right under these Terms does not constitute a waiver of that right.