Introduction

This website is owned and operated by Wealden Times Limited. We are registered in England & Wales under number 5067934. Our registered office and trading address is at Kettle Chambers, 21 Stone Street, Cranbrook, Kent TN17 3HF. Our other contact details are specified on our website. Our VAT number is [insert if applicable; if not delete but put your VAT number on your site if/when you get one].

Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions.

Definitions

Capitalised terms have the following meanings in these terms and conditions:

“Content” means all information of whatever kind which you publish or sent on or in connection with our Service “Service” means the services offered by means of our website at wealdentimes.co.uk as well as our related software and services. “User” means a person who uses our Service (whether or not registered with us).

Changes to the terms and conditions

We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

Use of our Service

Very important: We do not sell any goods or services on this website. We facilitate the sale of goods or services by third party sellers. Any contract for the sale or supply of goods or services or other transaction is between you and the seller concerned. We are not a party to that contract. You acknowledge that any legal recourse in connection with such transactions is against the seller and not us.

Very important: Before acting on product information made available by sellers on this Service, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any such information.

We grant Users a limited personal right to use our Service subject to these terms and conditions.

You are not eligible for, and must not use or register on, our Service if:
you are below the legal age to form a binding contract with us; or
if display of or access to the material contained on this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (eg because the country does not permit such a Service or display of or access to such material at all or because you are under the relevant age limit in that country).

You must ensure that all contact and payment information (eg email and postal addresses, credit card numbers) which you provide is accurate and not misleading and that you will update it so that it remains so.

Your Content

You are responsible for your Content. You must ensure that such information is accurate and up to date, not misleading, complies with all applicable laws, regulations and codes of conduct and does not infringe any third party intellectual property or other rights. Also, the Content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.

You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Service and these terms and conditions.

We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.

We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.

It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such losses.

Security

Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

Cancellation

We may at any time without cause immediately cancel your agreement with us including your right to use of our Service.

Following cancellation of this agreement, your registration for and right to use our Service are terminated. Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.

We cannot be held legally responsible for loss or damage resulting from cancellation of this agreement provided we act in accordance with this agreement.

Functioning of our Service

We cannot guarantee that the Service will be uninterrupted or error-free.

We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.

Liability

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

Very important: If you are a consumer (ie not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
such loss or damage was not reasonably foreseeable by both parties;
such loss or damage is caused by you, for example by not complying with this agreement; or
such loss or damage relates to a business.

Very important: If you are a consumer (ie not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

The following clauses apply only if you are a business:
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total payments made by you via our Service in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any:
economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
loss of goodwill or reputation;
special, indirect or consequential losses; or
damage to or loss of data
(even if we have been advised of the possibility of such losses).
You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

Intellectual property rights

All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our business partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such Content on our Service.

Third party websites

We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them. You use such third party sites at your own risk.

“Act of God”

Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including third party telecommunication failures.

Transfer

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

English law

These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

General

We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

Complaints

If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.

Website terms and conditions by internet lawyers Adlex solicitors

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