Website Terms and Conditions
By using this website you agree to be bound by these Terms and Conditions (“Terms and Conditions”) and, in particular, you agree and accept the disclaimers and limitations of liability contained in these Terms and Conditions.
We reserve the right to revise, modify, alter and/or update the content of our site and the Terms and Conditions at any time without notice. It is important that you review the Terms and Conditions on a regular basis to ensure that you are aware of any such revisions, modifications, alterations or updates. In continuing to use our site following any such changes, you agree to be bound by the Terms and Conditions as revised.
If you do not agree to and accept these Terms and Conditions please leave this website immediately.
In these Terms and Conditions:
1.1 ‘our site’ means the website accessed via the website addresses “www.sustainwales.com” and/or “www.cynnalcymru.com”;
1.2 ‘our’, ‘we’ and ‘us’ means Cynnal Cymru – Sustain Wales and, where applicable, its officers, employees and authorised agents;
1.3 “Log In Account” means your personal access to restricted sections of our site via a username and password;
1.4 ‘Material(s)’ means all and any design, text, graphics or other material provided on our website;
1.5 “Users” or “User” means the users of our site collectively and/or individually as the context requires;
1.6 ‘you’ and/or ‘your’ means the person or organisation entering into this agreement with us by accepting these Terms and Conditions.
2.1 We will permit you to access, use and interact with our site subject to these Terms and Conditions.
2.2 You are permitted to search, view, copy, print out and use the Materials provided on our site for your own personal and/or business use provided always that any such business use is restricted to promoting via our site the sustainability schemes operated and/or promoted by your business. You may not use our site or any of the Materials for any other commercial purpose without our prior written consent.
3 Your Obligations
3.1 You will not:
3.1.1 copy, print out or otherwise reproduce any part of the Materials, except as permitted by these Terms and Conditions or authorised by us in writing;
3.1.2 make any part of the Materials available to any third party other than to your employees for the sole purpose of use as permitted under this agreement or authorised by us in writing;
3.1.3 alter any part of the Materials other than as expressly permitted and encouraged by the interactive elements of our site;
3.1.4 use our site to conduct any activities that breach any laws, infringe any third party’s rights and/or breach any standards or codes published by any relevant authority;
3.1.5 impersonate another User;
3.1.6 supply any false or misleading information about you and/or your business;
3.1.7 interfere with or attempt to interfere with any security measures belonging to, used by or relating to our site; or
3.1.8 assign or otherwise dispose of all or any of your rights under these Terms and Conditions.
3.2 You will ensure that no persons, other than those authorised hereunder, access your Log In Account using your username and password.
3.3 You are responsible for configuring your information technology, computer
programs and platform in order to access our site and/or Materials. We strongly recommend that you use virus protection software.
4 Our Obligations
4.1 We will:
4.1.1 exercise reasonable care in compiling our site;
4.1.2 use reasonable efforts to make our site available;
4.1.3 take reasonable steps to ensure that any interruptions to access to our site by any event within our control are kept to a minimum. In this regard please note that access to our site may be interrupted for short periods whilst essential maintenance works and/or upgrades to our site are carried out;
4.1.4 use reasonable endeavours to secure any data you may provide to us.
5 Access to Log In Accounts
5.1 In consideration of your being provided with a Log In Account, you agree:
a) to provide true, accurate, current and complete information about yourself when prompted by our registration form or any other form we ask you to complete at any time; and
b) to maintain and update promptly any personal information which you are able to update on our site so as to keep it true, accurate, current and complete.
5.2 You must keep your username and password confidential and take all reasonable precautions to prevent unauthorised access to your Log In Account. If you know or have good reason to suspect that anyone else has used or is using your username and/or password, you must notify us immediately. You are responsible for all use of our site, including your Log In Account, with your username or password whether or not such use was actually yours.
6 Intellectual Property
6.1 All intellectual property rights in our site, including without limitation in the Materials and the selection or arrangement thereof, shall remain at all times owned by us or our licensors. You are permitted to use the Materials only as expressly authorised in paragraph 2.2 and shall not use the Materials for any other purpose nor assist or facilitate any unauthorised third party to use the Materials.
6.2 If you become aware of any unauthorised use of our site and/or the Materials, you agree to notify us immediately.
7.1 If you make any contribution to our site whether by way of text, photographs or otherwise, you irrevocably agree and acknowledge by making such contribution that we may use, reproduce, make reasonable modifications to and publish such contribution without payment to you.
7.2 By making any contribution to our site you irrevocably agree that we may edit and/or censor all or any of such contribution if we in our sole discretion consider it necessary to do so in order to render such contribution suitable for publication on our site. We shall have no liability whatsoever in respect of such censored contributions.
7.3 We shall decide in our sole discretion whether to publish any contribution you make to our site and we shall have no liability whatsoever for any failure and/or delay in doing so.
8 Your Warranties
8.1 By using our site, you represent and warrant that:
(a) you have the requisite capacity, right and authority to use our site and to be bound by these Terms and Conditions;
(b) all and any contributions to our site you make is your own original work, is not defamatory, blasphemous, obscene or otherwise offensive and does not breach any law, infringe any third party’s rights or breach any standards or codes published by any relevant authority;
(c) all information and details provided by you to us are true, accurate and up to date in all respects and at all times; and
(d) you are bound by and will comply with these Terms and Conditions.
8.2 You agree to indemnify and hold us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use of our site arising from any breach or suspected breach of the Terms and Conditions, including without limitation the warranties set out in paragraph 8.1, by you or your violation of any law, standards or codes of practice or the rights of any third party.
9 General Disclaimer and Limitation of Liability
9.1 Our site is intended to facilitate the public sharing of information and to raise awareness of sustainability schemes across Wales and in doing so our site actively encourages contributions from all Users, acting mainly as a conduit for such information to be disseminated. Accordingly, we provide our site on an ‘as is’ basis and to the fullest extent permissible by law make no representations or warranties of any kind with respect to the contents of our site or the Materials, and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, timing, reliability, completeness, or suitability for any purpose of the information, statements, advice, opinions, any related graphics and/or software tools published on our site, whether emanating from us or any User. The information contained on our site may contain technical inaccuracies or typographical errors. Any and all liability howsoever arising for any such inaccuracies or errors or for:
a) any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site and/or the Materials;
b) the unavailability of our site (or any part of it) or any Materials;
c) any statement made by third parties using our site;
d) any delay in providing, or failure to provide or make available, Materials; or
e) any misrepresentation on or relating to our site or Materials, (other than a fraudulent misrepresentation made by us or on our behalf)
is expressly excluded to the fullest extent permitted by law.
9.2 NEITHER WE NOR ANY OF OUR DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER AND WHETHER DIRECT OR INDIRECT ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE, INCLUDING (WITHOUT LIMITATION) DAMAGE TO SOFTWARE AND/OR HARDWARE, ECONOMIC LOSS, LOSS OF DATA, CONSEQUENTIAL LOSS, LOSS OF AND/OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
9.3 We do not warrant or represent that:
(a) access to our site and/or the Materials, or any part thereof will be uninterrupted, reliable or fault free;
(b) our site and/or the Materials or any of their contents will be accurate, complete or reliable; or
(c) our site is free of viruses or bugs.
9.4 Notwithstanding the foregoing, none of the exclusions and limitations in this paragraph 9 are intended to limit any rights you may have as a consumer or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
9.5 You agree that each of these limitations is reasonable having regard to the nature of our site described in paragraph 9.1.
9.6 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these Terms and Conditions.
10 Links and Case Studies
10.1 We may from time to time provide links from our site to third party websites and/or publish case studies on sustainability. Links and case studies are provided for your convenience and assistance and inclusion of any link and/or case study does not imply endorsement, recommendation or approval by us of any linked site, its operator or its content or the organisation which is the subject of any case study. We will not be liable in any way whatsoever and we make no representations, warranties, recommendations or endorsements in connection with the availability of any such third party website or any content, advertising, products or services on or available from such third party websites or in connection with the organisation which is the subject of any case study.
10.2 You may not operate any link to or from our site without our express written permission.
11 Privacy and Data Protection
11.1 We endeavour to use appropriate security procedures in the storage of personal information so as to prevent unauthorised access by third parties. However, the Internet is not a totally secure medium and you acknowledge and agree that, to the fullest extent permitted by law, we shall not be responsible for any unauthorised use, distribution, damage or destruction of personal data held by us.
12.1 We reserve the right in our sole discretion to deny any person access to our site, the Materials or any part thereof, including without limitation any Log In Account, without notice.
12.2 If any court holds any provision of these Terms and Conditions to be void or unenforceable, it shall be deleted and the remaining provisions shall continue in full force and effect.
12.3 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
13 Feedback and Complaints
If you have any complaints about any aspect of our site or if you have any questions or would otherwise like to provide any other feedback, please contact us at:
Cynnal Cymru – Sustain Wales
Cynnal Cymru-Sustain Wales,
Mount Stuart Square,
Tel: 029 20 431746