Winmark Community Terms and Conditions
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
We recommend that you print a copy of these terms for future reference.
License to use website
Unless otherwise stated, Winmark and/or its licensors own(s) the intellectual property rights in this website and material on this website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download, print and share content from this website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions:
- if you republish material from this website (including republication on another website) you must attribute this website as the source of the material
- you must not sell, rent or sub-license material from this website
- you must not reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose, unless you have express written consent from Winmark
- you must not edit or otherwise modify any material you have printed off or downloaded from this website and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of our website in breach of this licence, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You must not use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of this website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root-kit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Winmark's express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Winmark's express written consent.
You must not upload any content to this website which contains personal information about another person or which identifies them (such as their contact details, email address or a picture of them). The only exception to this is where you have obtained the consent from that individual to upload their personal information onto this website.
Access to certain areas of this website is restricted. Winmark reserves the right to restrict access to areas of this website, or indeed this entire website, at Winmark’s discretion.
If Winmark provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Winmark may disable your user ID and password in Winmark’s sole discretion without notice or explanation.
In these terms and conditions, “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Any user content you upload to this website will be considered non-confidential and non-proprietary. You grant to Winmark a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content and make it available to third parties in any existing or future media. You also grant to Winmark the right to sublicense these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Winmark or a third party (in each case under any applicable law).
You must not submit any user content to this website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Winmark reserves the right to edit or remove any material submitted to this website, or stored on Winmark's servers, or hosted or published upon this website. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights or their right to privacy.
Notwithstanding Winmark’s rights under these terms and conditions in relation to user content, Winmark does not undertake to monitor the submission of such content to, or the publication of such content on, this website. The user content on this website is, therefore, not verified or approved by us. The views expressed by other users on our website do not represent Winmark’s views or values.
This website is provided “as is” without any representations or warranties, express or implied. Winmark makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Winmark does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading
For example, we may suspend, withdraw or restrict the availability of all or any part of our website for business and operational reasons.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
Limitations of liability
Winmark excludes all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
Winmark will not be liable to you (whether under the law of contract, the law of torts, breach of statutory duty or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that this website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss;
- for any business losses, in particular, loss of revenue, income or profits;
- loss of anticipated savings;
- business interruption;
- loss of contracts or business relationships;
- loss of reputation or goodwill; or
- loss or corruption of information or data
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the terms and conditions will exclude or limit Winmark’s liability in respect of any:
- death or personal injury caused by Winmark’s negligence;
- fraud or fraudulent misrepresentation on the part of Winmark; or
- any other matter for which it would be illegal or unlawful for Winmark to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Unless it expressly states otherwise, these terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions.
You hereby indemnify Winmark and undertake to keep Winmark indemnified and hold Winmark blameless against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Winmark to a third party in settlement of a claim or dispute on the advice of Winmark 's legal advisers) incurred or suffered by Winmark arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Winmark’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Winmark may take such action as Winmark deems appropriate to deal with the breach, including suspending your access to this website, prohibiting you from accessing this website, blocking computers using your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website and/or bringing court proceedings against you.
Winmark may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Winmark may transfer, sub-contract or otherwise deal with Winmark’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Third Party Websites
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with our Network Policy, constitute the entire agreement between you and Winmark in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of England and Wales, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
Registrations and authorisations
Winmark’s VAT number is GB 696 529 672.
The full name of Winmark is Winmark Ltd.
Winmark is registered in the UNITED KINGDOM JURISDICTION under registration number 03323318.
Winmark 's registered address is 7 Berghem Mews, London, W14 0HN - UK
You can contact Winmark by email to firstname.lastname@example.org.
Last Updated: 6th May 2020