Terms of Use

Burton Waters Moorings Limited – Website Terms of Use

LAST UPDATED: 17 March 2016

1. We are Burton Waters Moorings Limited (company registration number 4779331) and we own and operate this website (“the Site”) in conjunction with Burton Waters Marina Limited (company registration number 4131218). For the purposes of clause 7 of these Terms of Use, the expression “we” includes Burton Waters Moorings Limited and Burton Waters Marina Limited. For all other purposes, the expression “we” means Burton Waters Moorings Limited only.

2. Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

3. You are responsible for all access to the Site using your Internet connection, even if the access is by another person.

4. We reserve the right to restrict your access to the Site or part of it at any time without notice.

5. We will use reasonable efforts to ensure that the Site is available at all times, but we do not guarantee that it will be, nor can we guarantee that any part of the Site is error or virus free.

6. The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

7. We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:

(a) all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
(b) any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

8. Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the following rules, in particular, you will not:

(a) use the Site for any fraudulent or unlawful purpose;
(b) use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
(c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
(d) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
(e) transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
(f) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
(g) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
(h) remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
(i) frame or mirror any part of the Site without our express prior written consent;
(j) use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

We reserve the right to revoke these exceptions either generally or in specific instances.

9. The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

10. Any pictures, illustrations, graphics, text or representations on this website relating to the sale of goods or services are for the purposes of illustration only and are not offers, warranties or representations in law. You acknowledge that you may not rely on any representations or warranties set out in these Terms of Use.

11. These Terms of Use shall be construed in accordance with and governed by English Law and you submit to the exclusive jurisdiction of the English courts.