Aquavista Waterside Ltd.
Last updated: 27 July 2020
1 Information about us and how to contact us
Who we are. We are Aquavista Watersides Limited (“Aquavista”, “we”, “us”, “our”), a company registered in England and Wales. Our company registration number is 04930453 and our registered office is at Sawley Waterside and Marina, Long Eaton, Nottingham, NG10 3AE. Our registered VAT number is GB3 311 5276 36.
How to contact us.
You can contact us by telephoning our customer service team at 0115 9077 444 or by writing to us at [email protected] or Sawley Waterside and Marina, Warren Lane, Long Eaton, Nottingham, NG103AE. We may record calls for quality and training purposes.
We own and operate the Website.
These terms and conditions (the “Terms”) and any other document referred to in these Terms govern the use of this Website.
3 Access and use
3.1 We try to make the Website available at all times, but, of course, due to the inherent nature of online and internet-based services, we cannot guarantee this.
3.2 To help us maintain the security of the Website, you must keep your personal registration details confidential. If you become aware of any misuse or unauthorised use of your personal registration details, then you must inform us immediately by contacting us on the details below.
3.3 If you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms, we may terminate or suspend your account and/or access to any part of the Website. If we suspend or terminate your access under your account, and you try to access any part of the Website via another account, we may suspend or terminate your access to that other account too.
3.4 You can close your account at any time.
3.5 We reserve the right to delete your account and any personal data or other information associated with your use of the Website if there is no activity on your account for more than 36 consecutive months. We will notify you before we do this giving you an opportunity to keep your account active.
4 Our content
4.1 All content, materials, text, images, trade marks (including Aquavista), brand names and logos on, and software in, the Website (and all intellectual property in such content) (“Our Content”) are owned by us or our licensors and are protected by UK and international copyright and other intellectual property laws.
4.2 No permission is given in respect of the use of Our Content (except with our prior written consent), and any such use may constitute an infringement or breach of the holder’s rights.
5 Using content on the website
5.1 You are not in any circumstances permitted to:
- 5.1.1 make commercial use of Our Content;
- 5.1.2 breach or circumvent any laws, third-party rights or our policies;
- 5.1.3 copy, adapt, vary, distribute, edit, modify, translate, transpose or permanently store, in part or in whole, any of Our Content, except as permitted in accordance with paragraph 5.2;
- 5.1.4 photograph or record as or convert into video or audio, all or any part of the content on the Website;
- 5.1.5 use content on the Website to compile a database of, or re-create the whole or substantial part of such content by making repeated and systematic copies of insubstantial parts of, any of the content;
- 5.1.6 use the Website or its content for any illegal purpose and in particular you will not interfere with or disrupt the Website or the servers or networks connected to it or disobey any requirements, procedures, policies or regulations of networks connected to it;
- 5.1.7 sublicense, sell or rent access to the Website or its content;
- 5.1.8 to use the Website to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; and
- 5.1.9 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within Our Content.
5.2 You are not permitted to print or download any available content from the Website without our prior written consent. If we consent to such use, you shall ensure that in each case:
- 5.2.1 the copyright and source indications are also printed;
- 5.2.2 no modifications are made to the materials and they are not used as part of any other publication or for any other purpose other than as permitted by us;
- 5.2.3 any document is printed entirely and is not used in a derogatory or misleading context; and
- 5.2.4 the material is not used in a manner which may damage our reputation or otherwise be harmful to us or impair our ability to achieve our aims.
6 Rules of the website
6.1 You may not:
- 6.1.1 impersonate another person or otherwise misrepresent your affiliation with a person or entity;
- 6.1.2 harvest or otherwise collect or use information about others without their explicit consent;
- 6.1.3 allow any other person or entity to use your log-in details or account for viewing the Website; and
- 6.1.4 continue to use any part of the Website whilst your account is temporarily suspended or after your account has been permanently terminated.
6.2 You may use the Website only for lawful purposes. You may not use the Website:
- 6.2.1 in any way that breaches any applicable local, national or international law or regulation;
- 6.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- 6.2.3 for the purpose of harming or attempting to harm minors in any way; or
- 6.2.4 to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.3 You also agree:
- 6.3.1 not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Terms;
- 6.3.2 not to access without authority, interfere with, damage or disrupt:
a) any part of the Website;
b) any equipment or network on which the Website is stored;
c) any software used in the provision of the Website; or
d) any equipment or network or software owned or used by any third party.
6.4 You shall not carry out data mining, screen scraping or crawling of the Website, its pages or its content or use any process or processes that send automated queries to the Website unless you have obtained our prior written consent.
7 Suspension and termination
7.1 We will determine, in our discretion, whether there has been a breach of these Terms in whole or in part, through your use of the Website. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
7.2 Failure to comply with these Terms may result in our taking all or any of the following actions:
- 7.2.1 immediate, temporary or permanent withdrawal of your right to use the Website;
- 7.2.2 immediate, temporary or permanent removal of any communication made by you through the Website;
- 7.2.3 issue of a warning to you;
- 7.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from a breach;
- 7.2.5 further legal action against you; and
- 7.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
8 Promises, liability and disclaimer
8.1 The Website is provided on an “as is” basis. To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the Website and its content, whether express, implied, oral or written. In particular we do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on or is sent through the Website and you should not rely on it being accurate, truthful or complete. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
8.2 You agree that your access and use of the Website and its content is at your own risk. The content and information that we make available on, or through, the Website is provided for information only and we are not responsible for, and do not endorse, any such information.
8.3 To the fullest extent permitted by law, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on, or through, the Website, or of making any decision, or refraining from making any such decision, based wholly or partly on any data or other information contained in the content available on, or through, the Website.
8.4 By using the Website, you acknowledge and accept the inherent risks, characteristics and limitations of the Internet, particularly in terms of technical performance of the Website, response times to view, verify or transfer information and the risks inherent in all third party links, connections and transfers via the Internet. Accordingly:
- 8.4.1 we do not make any promises about the availability or accessibility of the Website, or promise that your access to the Website, the content on it, or through it, or the services we provide will be delivered uninterrupted, in a timely manner or error-free; and
- 8.4.2 we are not responsible for any data or information uploaded by any users including any content posted, uploaded or published on the Website.
8.5 We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website, or the servers that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
8.6 Subject to paragraph 8.7, we will not be responsible or liable to any users browsing the pages of, or using, any part of the Website for any losses, whether direct, indirect, consequential or special, including financial loss or loss of data, opportunity, goodwill or reputation.
8.7 There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
- 8.7.1 for death or personal injury caused by our negligence;
- 8.7.2 fraud or fraudulent misrepresentation; or
- 8.7.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
8.8 Except as mentioned above in paragraph 8.7, if we are found to be liable, our total liability in respect of all claims made against us in connection with the Website under these Terms shall be limited to £100.
9 Your obligation to reimburse us in certain circumstances
9.1 You agree only to use the Website in accordance with these Terms and our Service Agreement. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including any actions you take which disrupt access to and/or the functioning of the Website), any breach by you of our Service Agreement, or any liability we incur as a result of the use of the Website by you and any other person that uses your account as a result of your negligence.
10.1 You acknowledge that the Website may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
10.2 We do not therefore endorse, or make any representations about, them or any content found there or any results that may be obtained from using them.
10.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.
11.1 Severability. If a court find part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.2 Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any contract between us. We and you will be legally bound by these Terms. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in those documents.
11.3 Force majeure. We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
11.4 Assignment. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.
11.5 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
11.6 Third party rights. These Terms do not create any right enforceable by any person who is not a party to them (or any contract made under them), except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999. We will not need to get the agreement of you or any other person in order to make any changes to these Terms.
11.7 Dispute Resolution.
- 11.7.1 If a dispute arises between you and us, we encourage you to first contact us directly to seek a resolution.
- 11.7.2 In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Platform.
11.8 Governing law and jurisdiction. These Terms are governed by English law and you can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.
12 Changes to these terms
12.1 We may make changes to these Terms from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements. We will send you an email with the modified Terms or by posting a copy of them on the Website. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Website, whichever is the earlier. If you continue to use the Website after that period has expired, it means that you accept any such changes. The modified Terms will not apply to any contracts that we have already entered into with you before the date the modified Terms came into effect.