| Terms
and Conditions
These are the general terms and conditions for use of www.timminswhittaker.co.uk
(the "Site"). The Site is operated by Timmins Whittaker Limited ("Timmins
Whittaker"). Please read these terms and conditions carefully. Your use of
the Site will be subject to these terms and conditions. If you have any enquiries
or complaints (about the Site or someone else's use of the Site) then address
them to: mail@timminswhittaker.co.uk or
Timmins Whittaker Limited
5 Harbour Buildings
Waterfront West
Brierley Hill
West Midlands
DY5 1LN
Tel: +44 (0) 1384 480899
Fax: +44 (0) 1384 480563
What you are allowed to do:
You may only use the Site for personal use and only in accordance with these terms.
Additional terms may apply to the use of particular parts of the Site and products
and services which are available from it from time to time. You may print a copy
of any page of the Site, for your own personal purposes, provided you do not do
any of the things set out under "What you are not allowed to do".
What you are not allowed to do:
Except to the extent expressly set out in these terms, you are not allowed to:
(i) make any copies of any part of the Site; or (ii) remove or change anything
on the Site. You must only use the Site and anything available from the Site for
lawful purposes, and you must comply with all applicable laws, statutes and regulations.
Intellectual Property Rights:
All intellectual property rights in any material (including text, video, photographs
and other images and sound, trade marks and logos) contained in the Site are owned
by Timmins Whittaker or its licensors. You are only allowed to use this Site and
the material contained in the Site as set out in these terms. You are not allowed
to remove or change any copyright, trade mark or other intellectual property right
notices contained in the original material or that printed off from the Site.
Information from the Site:
(a) The Site contains information of a general nature and should not be treated
as comprehensive. You should take appropriate professional advice before relying
on the information on the Site.
(b) You agree that your use of the Site is on an "as is" and "as
available" basis and that your use of the Site is at your sole risk. On that
basis, except as expressly set out in these terms, Timmins Whittaker does not
enter into conditions, warranties or other terms in relation to the Site (including
any implied term relating to quality, fitness for a particular purpose).
(c) You agree that the obtaining of any material through the Site is carried out
at your own risk and subject to clause(a), that Timmins Whittaker has no liability
to you in respect of such material or the effects of such material.
(d) Timmins Whittaker may change the format and content of the Site from time
to time. You should refresh your browser each time you visit the Site to ensure
that you download the most up to date version of the Site.
Limitation of Liability:
(a) Timmins Whittaker does not, and nothing in these terms and conditions shall
act to exclude or limit Timmins Whittaker's liability for death or personal injury
resulting from its negligence, fraud or any other liability which may not by applicable
law be excluded or limited.
(b) Subject to sub-clause (a) above, in no event shall Timmins Whittaker be liable
(whether for breach of contract, negligence or for any other reason) for any loss
of profits, exemplary or special damages, loss of sales, loss of revenue, loss
of goodwill, loss of any software or data, loss of bargain, loss of opportunity,
loss of use of computer equipment, software or data, loss of or waste of management
or other staff time, or for any indirect, consequential or special loss, however
arising.
(c) Subject to sub-clause (a) above, Timmins Whittaker is not liable for any action
you may take as a result of relying on any information provided on the Site.
External Links:
The Site may from time to time include links to external sites and co-branded
pages. Timmins Whittaker has included links to these sites and co-branded pages
to provide you with access to information and services that you may find useful
or interesting. Timmins Whittaker is not responsible for the content of these
site and pages or for anything provided by them.
Viruses:
Timmins Whittaker accepts no responsibility or liability for any damage to hardware
or software caused to you by downloading material from the Site. You must ensure
that your computer has all necessary software to protect you from computer viruses.
Suspension and termination of service:
Timmins Whittaker may suspend or terminate the operation of the Site at any time.
Access to or use of the Site or any pages linked to it will not necessarily be
uninterrupted or error free.
Personal data
Timmins Whittaker does not, and nothing in these terms and conditions shall act
to exclude or limit Timmins Whittaker's liability for loss, misuse, or alteration
of data collected from the site.
General and Governing Law:
Timmins Whittaker may change these terms and conditions from time to time and
will endeavour to notify you of any major changes by posting a message on the
Site. You should check these terms and conditions each time you revisit the Site.
These terms and conditions form the entire understanding of the parties and supercede
all previous agreements, understandings and representations relating to the subject
matter. If any provision of these terms and conditions is found to be unenforceable,
this shall not affect the validity of any other provision. Timmins Whittaker may
delay enforcing its rights under these terms and conditions without losing them.
Timmins Whittaker will not be liable to you for any breach of these terms and
conditions which arises because of any circumstances which Timmins Whittaker cannot
reasonably be expected to control. You agree that Timmins Whittaker may sub-contract
the performance of any of its obligations or may assign these terms and conditions
or any of its rights or obligations without giving you notice. These terms and
conditions shall be governed by English law, and you consent to the non-exclusive
jurisdiction of the English courts.
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