Introduction

This website is owned and operated by Sarah Edwards (the Owner) c/o Edwards Veeder LLP, Alex House, 260-268 Chapel Street, Salford, M3 5JZ.

These terms of use apply to the use of the websites found at www.welliesandwine.co.uk and any mirror sites or linked sister sites (collectively, “the Website”) and shall be read in conjunction with our Privacy Policy.

By registering as a user, accessing or using the Website you agree to be legally bound by these terms, as they may be modified from time to time. If you do not agree to these terms, please do not use the Website.

We reserve the right to amend these terms from time to time without notice. Amendments will take effect when posted on the Website save that if you are a registered user, then any material changes will be notified to you via email or upon your next login.

Website Services

The purpose of the Website is to offer information and entertainment through independent views and reviews of businesses and services.

Information at Website

All information posted on the Website by the Owner is provided in good faith but no warranty express or otherwise may by implied as to the accuracy, currency, completeness or reliability of any such content.
Without limitation to the foregoing, the information contained within the website blog also known as the ‘Welly Guide’ is the personal opinion of the Owner, and not professional, medial or market-researched advice.

Changes to Our Services and the Website Content

We may change our services and the content of the Website at any time. Although we aim to keep the content up to date, no warranty or guarantee is given that the services shall be available by virtue of being posted on the Website, and the content on the Website may be out of date at any given time.

We cannot accept any liability if for any reason the Website is unavailable at any time or for any period, even if you have engaged our services separately.

Registration

The Website offers you the choice to register your details with us via the Website. By doing so you warrant that you are at least 13 years, and that if you are under 18 years that you have a parent’s or guardian’s consent before registering.

For the purposes of verifying your identity we may use the data provided by you to establish the veracity of all the registration details you have provided when registering with the Website, and your entitlement to use the Website and any benefits offered through registration.

You are solely responsible for the accuracy, legality, currency and compliance of such detail and are liable for any false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.

You are solely responsible in all respects for all use of and for protecting the confidentiality of your account and password which may be given to or selected by you for use on the Website. You must immediately notify us of any unauthorised use of them or any other breach of security.

We reserve the right to terminate, suspend all registered user accounts without notice to you.

Information Provided by You

Any information, content and reviews posted, uploaded, or otherwise sent to us by any electronic means via the Website or otherwise shall be lawful, decent, accurate, truthful, shall not infringe any third party’s rights, shall not be obscene, blasphemous or defamatory and shall not contain any viruses or other malicious computer programming routines.
The Owner reserves the right to refuse service, close user accounts and change eligibility requirements at any time.

Any information provided by you to us will be used by us in accordance with the Data Protection Act 1998 and our Privacy Policy.

You waive all moral rights you have in any content and information provided by you to the fullest extent permitted by law.

General Conduct

You may access and make use of the Website in accordance with this agreement, but not to modify, reproduce, duplicate, copy or re-sell it or any part of it, or otherwise exploit it for any commercial purpose or gain except with our express written consent.

You may not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

You may not use the Website for commercial purposes or for advertising goods and services.

ADVERTISING

The Website offers business owners and their representatives the option to purchase advertisements throughout the site. The definition of an advertisement includes all advertisement spaces, business listing subscriptions, banner advertisements, text advertising messages or other material submitted for publication on the site.

By purchasing an advertisement you represent and warrant that you will not use the Website in a way that violates any laws or regulations. If you purchase an advertisement on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
All advertisements and listings are subject to approval by the Owner. The Owner reserves the right to refuse or cancel any advertising or listing subscription at any time for any reason without refund.
The Owner will endeavour to meet the advertiser’s wishes by placing any advertisement on their preferred choice of page on the site. Where this is not possible, for example, because space has already been allocated to another advertiser, the Owner, in consultation with the advertiser, will place their advertisement on an equally high-ranking and relevant page URL.
It is the responsibility of the advertiser to ensure that every advertisement and listing conforms to all advertising standards, applicable laws and other regulations and does not contravene any third party’s rights. Publication of the advertisement or listing on the site does not constitute acceptance by the Owner that the advertisement or listing does so conform and the Owner has a continuing right to require the advertiser to change or modify the advertisement or listing to the extent it deems necessary to conform to such requirements.
The advertiser will be responsible for all charges, costs and expenses relating to the publication of the advertisement or listing on the site, including production costs and the cost of any changes or modifications throughout the whole period the Owner has agreed to publish the advertisement or listing on the site. The advertiser will be responsible for the insurance of any artwork and other material delivered to the Owner and the Owner cannot be responsible for any loss or damage. The Owner reserves the right to charge the advertiser for all costs and expenses incurred in charging or modifying any advertisement or listing that does not confirm in every respect to the technical specifications for the site (which can be supplied on request) or which contravenes (in the opinion of the Owner) any of the requirements set out in these terms and conditions or is inappropriate for or unsuited to the editorial policies of the Website.
The advertiser is solely responsible for any liability arising out of publication of the advertisement or listing or relating to any material to which users can link through the advertisement or listing.
The advertiser warrants that the advertisement or listing complies with all national legal and regulatory requirements and codes of practice (whether voluntary or obligatory) in which the advertisement or event listing will appear. The advertiser also warrants that the advertisement or event listing does not contain any libellous, inaccurate, misleading or false material; does not unfairly prejudice the legitimate interests of any third party or infringe or violate any copyright, trade mark or other personal or proprietary right of any person or render the Owner liable to any proceedings whatsoever and complies with all applicable content and approval requirements of the Financial Services and Markets Act 2000 in the UK.

Payment

Business Listing Subscriptions:
Business listings within the Website are sold as a rolling subscription plan via an automated e-commerce method. Our charges are posted on our Website and may be changed from time to time.
Your business listing is strictly conditional on receipt of regular payments according to the type of the subscription plan you choose and will be withdrawn immediately without any further notice if for whatever reasons payments are not paid the day prior to the commencement of your next subscription term.

Other Advertisements:
Payment for all other advertisements booked for publication within the Website are strictly due within 10 days of the date of the signed advertising booking form.
In case of delay in due payment without prejudice to any other right or remedy available to the Owner, the Owner shall be entitled to charge the advertiser interest on the amount unpaid, at the rate of 12% per annum above the Bank of England base rate, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

The Owner reserves the right to remove all unpaid advertising by the stipulated due dates.

Intellectual Property

All content and all compilation of content included on the Website, including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations and software, is our property or is licensed by us and is protected by copyright, database and trade mark right laws in England and internationally.

Notwithstanding the foregoing, any photos uploaded by you shall be yours subject to a licence to us for the purposes of the Website and a warranty that we may do so without infringing any third party rights. We may only make use of your photos publically where you have selected the appropriate privacy settings, or if selected as your profile picture.

Links

We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.

You may link to the Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned by you. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with this agreement.

Limitation of Liability

We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise) which arise out of or in connection with the provision of the material by you.

Without limitation to the foregoing, we shall not be liable for personal injury that may be caused as a result of any introduction to dogs (or other animals) or other introductions or activities which are operated or occasioned through the Website by its users or any user-organised club. The foregoing shall not limit our liability to you where there is negligence on our part.

Your acceptance of these terms acts as a general release by the Website and all of its officers, directors, agents and employees from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Website.

Nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Electronic Communication

When you visit the Website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receiving communications from us electronically and you agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Law and Jurisdiction

This agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.