Terms and Conditions
1. Purpose
This document and the attachments referred to below
constitute a legally binding agreement between you and
Wartski Ltd ("Wartski Ltd", "we" or "us") which operates the Internet website
with the domain name www.
wartski.com (the "Site'). It sets out your rights and obligations and those
of Wartski Ltd in relation to (i)
your access to the Site; (ii) your use of the Site; (iii) any communications
sent to you via the Site, or from or
on behalf of Wartski Ltd; (iv) all information, products, software, services,
features and materials contained
on or offered in conjunction with the Site.
By accessing the Site you accept without limitation
or qualification all of the terms and conditions in this
Agreement (as defined below) and any subsequent amendments or variations as
we, in our sole discretion,
may make from time to time.
"Agreement" means this document and any schedule,
appendix or other document referred to in this
document, by way of illustration only, using a hyperlink.
2. Variation
We may, at our discretion, vary or amend from time
to time this Agreement. All such amendments or variations
will be effective immediately upon posting of such amended or varied document
on the Site or once such
amendment or variation is otherwise notified to you. The amendment or variation
shall apply to your use of
the Site and to any services offered to you upon such posting or notification.
Except as provided for in the preceding paragraph
this Agreement may otherwise not be amended or varied
except in writing signed by both parties.
3. The Site
3.1 Users
Anyone who accesses the Site is a user ("User").
Users are free to contact us using the e-mail
wartski@wartski.com . As a User, you
will be able to access material on all areas of the Site subject t
o this Agreement.
3.2 Contacting Us
Online contact by you using the e-mail wartski@wartski.com
or other communication to us confirms
your agreement to the provisions of this Agreement.
3.3 User Information
By submitting an e-mail using the address wartski@wartski.com
or otherwise communicating with us
you warrant that all the information submitted to us ("User Information") is
true and accurate in all respects
and you have theauthority and capacity to send the email or communicate with
us. You agree to notify us
immediately in writing of any changes in User Information. You are solely responsible
for the User
Information.
If you provide us with an email address that will
result in any emails we may send you being sent to you
via a computer network operated by or on behalf of your employer (or similar)
then you are warranting
that you are entitled to receive emails at that address.You also agree that
we may refrain from sending
you any emails to such address without notifying you, even if you have asked
to receive them, if we
receive a request from your employer to stop sending emails to that address.
3.4 System Integrity
You undertake to us that you will not use and that
you will not permit the use of any device, software or
programming routine that interferes or attempts to interfere with the working
and functionality of the Site.
Youundertake not to take or permit the taking of any action that (in our sole
discretion) imposes an
unreasonableor disproportionately large load on our infrastructure.
The Site contains robot exclusion
headers and you agree that you will not use any robot,
spider, other automotive device or manual process
to monitor or copy our web pages or the content contained on the Site without
our prior written consent.
4. Use of the Site
4.1 Usage
You may access and view the Content (as defined
below) appearing on this Website for personal, non-
commercial use only. You may download and/or copy certain portions of the Content
for personal,
non-commercial use only, provided that you (a) retain all copyright, trademark
or other proprietary notices
contained on the Content, (b)do not modify or alter the
Content in any way and (c) do not make the
Content available to any third party. Wartski Ltd reserves complete title and
full intellectual property
rights in any Content that you download from this Website.
You agree to use this Website only for lawful purposes.
The following activities are strictly
prohibited: (i) misrepresenting the identity of a user;
(ii) tampering with this Website; and (iii) conducting
fraudulent activities.
4.2 Content
The Site may include facts, views, opinions and
recommendations of individuals and organisations. We
do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse
these views,
opinions or recommendations.
The content on the Site, including any research,
does not constitute any form of advice, recommendation or
arrangement by us and is not intended to be relied upon by Users. We, in our
sole discretion, may add, delete
or change some or the entire Site at any time. The content, including listings
and articles for sale, contained in
the Site, is presented for informative purposes only. We reserve the right to
remove or vary such listings or
articles for sale at any time. The content should not be considered complete
nor should it be relied upon.
When using the e-mail wartski@wartski.com
or when otherwise contacting us to obtain further information
or advice about the listings, articles for sale or any other matter, you agree
that the information or advice
provided by us may not be complete. We can give no guarantees or warrantees
as to the accuracy or fitness
for purpose of the information or advice we give. Please see the disclaimer
at clause 7.3 below.
4.3 Proprietary information
You acknowledge and agree that the materials used
and displayed on the Site, including, but not limited
to text, music, software, sound, photographs, graphics, video, page layout and
design, illustration and
artwork, names, logos, trademarks, service marks and all other materials are
the property of Wartski Ltd and/or
its licensors and/or other individuals and entities, and are protected by copyright
trademark and other laws.
You agree not to modify, copy, reproduce, re-publish,
upload, post, transmit, rent, loan, sell, lease, license,
sub-license or distribute any material on the Site or create in any way content
and/or derivative works based
on the content of the Site or the Site itself or services provided by, or on
behalf of Wartski Ltd in whole or
in part without our prior written consent except for personal use. Personal
use means non-commercial
domestic use by an individual involving the making of only single copies of
each digital image.
5. Links to third party sites
Third parties or we may provide links to other
web sites or resources. These links are provided solely
as a convenience to you and are not an endorsement by us of the contents of
such third party web sites.
We have no control over such sites and resources and you acknowledge and agree
that we are not
responsible for the availability of such external sites or resources and do
not endorse and are not
responsible or liable for any content, advertising, product,
services or other materials on or available from
such sites or resources.
You further acknowledge and agree that we shall
not be responsible or liable directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use
of or reliance of any
such content, goods or services on or available through any such site or resource.
If you decide to
access linked third party web sites you do so at your own risk. Any concerns
regarding any external
links should be directed to its respective site administrator
or web master.
6. Privacy
You are asked to read our Privacy
Policy, which forms a part of this Agreement and sets out the way in
which we handle your personal data.
7. General
7.1 Termination of this Agreement
We reserve the right to terminate this Agreement
forthwith if you are or appear to be in breach of any
of the provisions of this Agreement, including the provision of false User Information
or other misuse
of the services offered through this Site. Either party may terminate this Agreement
with or without cause
by providing 30 days advance written notice to the other
7.2 Indemnity
You agree to pay, indemnify, and hold Wartski Ltd
(and its directors, officers, employees and agents)
harmless from any and all liabilities, obligations, losses, damages, penalties,
actions, judgements, suits,
costs, expenses or disbursements of any kind or nature whatsoever with respect
to:
(1) Any third party claim, action or allegation of infringement, misappropriation,
or violation of copyright,
trademark or other proprietary rights of any third party based on any content
submitted by you;
(2) Any breach of this Agreement by you;
(3) Any third party claim action or allegation brought against Wartski Ltd arising
out of or in relation to a
dispute between Users or in relation to your use or misuse
of the Site; and/or
(4) Any action taken by Wartski Ltd under your instructions in relation to the
use of the Site.
7.3 Disclaimer of Warranties
Your use of the Site and any services (including
but not limited to the provision of content on the Site)
offeredon or in connection with your use of the Site is
at your sole risk. Services and content are provided
on the Siteon an "as is" and "as available" basis. We,
to the fullest extent permitted by law, disclaim all
warranties,including but not limited to warranties of
title, fitness for a particular purpose, merchantability
and non-infringement of proprietary or third party rights. We make no warranties
about the accuracy,
reliability or completeness of the material, services, software, text, graphics
and links. We make no
warranty that:
(1) The service will meet your requirements;
(2) The service will be uninterrupted, timely, secure or error free; or
(3) The quality of any service, information or other material obtained by you
through your use of the Site
will meet your expectations.
If your use of the Site will require your replacing equipment or data you will
be responsible for the costs of
such replacement. Your use of the Site and services offered in connection with
the Site is at your own risk.
If you are dissatisfied with any part of the services offered through the Site
or with this Agreement or any
other rules or policies your sole remedy is to discontinue use of the Site.
7.4 Limitation of Liability
You expressly understand and agree that we shall
not be liable for any direct (other than for death or
personal injury arising directly from use of the Site), indirect, incidental,
special, consequential or
exemplary damages including but not limited to, loss of profits, goodwill, use,
data or intangible losses
(even if we have been advised of the possibility of such damages) resulting
from:
(1) The use or the inability to use the Site or any service provided in connection
the Site;
(2) The cost of procurement of substitute and services resulting from any, data,
information, services
purchased or obtained and messages received and transactions entered into through
or from the Site;
(3) Unauthorised access to or alteration of your transmissions or data;
(4) Statements or conduct of any User or third party in relation to the Site;
or
(5) Any other matter relating to the Site or service provided in connection
with the Site.
In no event will our liability arising out of or in respect of this Agreement
exceed £500. Some jurisdictions
do not allow the exclusion of certain warranties with a limitation or exclusion
of liability for incidental or
consequential damages. Accordingly some of the above limitations of this section
7.4 may not apply to you.
7.5 No Association
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship between
Wartski Ltd and you or any User is intended or created by this Agreement.
7.6 No Assignment
You may not assign your rights or delegate (or
sub-contract) your duties under this agreement.
7.7 Suspension or Discontinuance of Service
Wartski Ltd may suspend or discontinue the Site with or without cause and with
or without notice.
7.8 Force Majeure
Wartski Ltd shall not be liable for any failure
to perform its obligations under this Agreement if such f
ailure results from any act of God or other cause beyond its reasonable control
(including without limitation,
any mechanical, electronic or communications failure).
7.9 Entire Agreement
This Agreement (as amended from time to time) comprises the entire agreement
between you and Wartski
Ltd and governs the use of the Site and any services provided to you in connection
with the Site. It
replaces and voids any prior agreement between you and Wartski Ltd, whether
written or verbal, in
relation to the Site or any services provided to you in relation to the Site.
You may also be subject to
additional terms and conditions when you use affiliate or other Wartski Ltd
services, third-party content
or third-party software.
We make no claims that the Site is appropriate for any particular purpose or
audience, or that it may be
downloaded outside of the United Kingdom. Access to the Site or use of the
Site. 7.10 Severability
Each provision of this Agreement excluding or limiting liability shall be construed
separately, applying
and surviving even if for any reason one or other of those provisions is held
to be inapplicable or
unenforceable in any circumstances.
7.11 No waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding
breach of any provision .
7.12 English law
All legal issues arising from or related to the use of the Site or any services
provided in relation to the Site
shall be construed in accordance with and determined by the laws of England
and you hereby agree to
submit to the exclusive jurisdiction of the English Courts. Wartski Ltd is a
company registered in England and
Wales under number 242869733 whose registered office is at 14 Grafton Street,
London, W1S 4DE.
This document forms a part of the Wartski Ltd Terms
and Conditions of Use and should be read in
conjunction with them. In the event of any inconsistency between the terms of
this document and Wartski
Ltd Terms and Conditions the Wartski Ltd Terms and Conditions of Use shall prevail.