Terms & Conditions
Welcome to the Terms of Service for www.waypoints-care.co.uk. The services available at www.waypoints-care.co.uk are provided by Waypoints Care ("Waypoints", “The Waypoints”, “Waypoints Care”, "Waypoits-Care", "Waypoints at Verwood, Dorset","we", "us" or "our") Verwood, Dorset.
It is important that you read these terms carefully. The Terms of Service describe the terms and conditions applicable to your use of our services available under the domain at http://www.waypoints-care.co.uk (the "Site") and our Partners, collectively called the "Sites". Amongst other things, they exclude or restrict our liability for loss or damage arising from your use of the Sites.
If you wish to cancel your subscription please contact the office by telephone on 01425 463200.
Refunds are not normally made as the majority of subscriptions are collected by monthly Direct Debit. If however a member pays annually and wishes to cancel their membership they should contact the office to discuss whether a refund is due.
All transactions are in UK Sterling. All members paying by Direct Debit must have a UK Bank Account.
All intellectual property of The Waypoints Care at Verwood Dorset such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Sites remain the property of The Waypoints.
By using the Sites you agree to respect the intellectual property of The Waypoints and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Sites.
Using the Sites
You agree that you shall not use the Sites for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Sites in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Sites. You also agree not to compromise the security of the Sites or attempt to gain access to secured areas or sensitive information.
You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of The Waypoints Care at Verwood Dorset and the appropriate third party, as applicable; (iii) or interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites. We do not authorise you to extract or re-utilise parts of our Sites, or to make systematic and repeated extractions or re-utilisations of parts of our Sites.
User verification on the Internet is difficult, hence The Waypoints Care at Verwood Dorset cannot and does not confirm the purported identity of users or the validity of the information which users post to the Sites.
Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Sites.
You must choose a password on completion of registration. You are responsible for all actions taken under that password and shall only use or utilise the Sites using your own password. You must use every effort to keep your password safe and should not disclose it and not permit, either directly or indirectly, any other person to utilise your password.
The definition of "Your Information" is defined as any information you provide to us or other users in relation to The Waypoints Care at Verwood Dorset service including registration, listing promoted items or feedback process (including, without limitation, any description of items or promotions listed) and any other content that you post within the Sites. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.
Your Information and your activities on our Sites must not:
a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, offensive, discriminatory, scandalous, or in breach of copyright, confidence, privacy or any other rights or which might cause annoyance or inconvenience;
c. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent or involve the sale of counterfeit or stolen items;
e. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
f. be obscene, indecent, pornographic or contain child pornography;
g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h. link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under the Terms of Service; (bb) or you do not have a right to link to or include;
i. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
j. cause the Sites to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Sites is in any way impaired.
Material submitted by you
To enable The Waypoints Care at Verwood Dorset to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known.
The Waypoints Care at Verwood Dorset reserves the right to reject the posting, modification and/or removal of any content at The Waypoints's Care at Verwood Dorset discretion without any advance notice to the individual or business entity submitting and/or viewing the content in question. Publication of any content you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication. The Waypoints Care at Verwood Dorset may not be held accountable for any harm, injury, misrepresentation and/or loss of monies resulting from such actions, whether intentional or unintentional. We do not accept any obligation to protect you from unsafe items listed for sale on our Sites.
Your use of other users' information
In order to facilitate interaction among all Waypoints Care at Verwoord Dorset members, our service allows you limited access to other users' contact information. As a buyer you have access to contact information of the vendor.
By accepting the Terms of Service, you agree that, with respect to other users' personally identifiable information that you obtain through the Sites or through an Waypoints-Care-related communication or Waypoints-Care-facilitated transaction, you may only use such information for: (a) Waypoints-Care-related communications that are not unsolicited commercial messages and relate to your genuine particular Waypoints-Care in a Waypoints-Care-facilitated transaction, (b) using services offered through Waypoints-Care and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.
The Waypoints-Care at Verwood Dorset and our users do not tolerate spam or unsolicited commercial communications.
The Sites is not intended to be a children's site, therefore, some of the available information may concern certain topics that may not be appropriate for children. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services.
If you are registering as a business entity, you represent that you have the authority to bind that entity to the Terms of Service.
The Sites’ payment terms are clearly stated on invoices issued to merchants. Valid methods of payment include card payment, cheque or bank transfer. Certain services require payment in advance of that service being delivered. Should the amounts owing to the Sites not be paid within the specified time period for the services ordered, the Sites reserves the right to automatically charge the amount owing to the card details held. The card details are stored in a secure and encrypted database.
Promotion and content description
If you are a vendor, you must ensure that you are legally able to sell each item included in a listing on the Sites, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. You must describe your item being promoted and all terms of sale on the listing page of the Sites. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers.
A vendor posting a promotion that requires presentation of a voucher agrees to honour that voucher when presented in accordance with the vendor's proposed terms and conditions for the promotion and other applicable trading terms.
Exclusion of The Waypoints's Care liability
The information contained in the material on the Sites is only for information purposes and is provided on the understanding that the Sites is not engaged in rendering advice and should not be relied upon when making (or refraining from making) any related decision or taking (or refraining from taking) any action. The Waypoints-Care at Verwood Dorset makes no warranties or representations as to its accuracy or reliability.
The Waypoints-Care at Verwood Dorset does not make any warranty or representation as to the accuracy or fitness for purpose of any material on the Sites. We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. We can not provide any representation or security of any components of the Sites. Our web site and our services are provided "as is" and as and when available, with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Sites. The Waypoints Care at Verwood Dorset makes no warranty that this web site (or web sites which are linked to this web site) is free from computer viruses or any other malicious or impairing computer program.
The Waypoints Care at Verwood Dorset (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will under no circumstances be liable for indirect, special or consequential damages, however arising, including negligence, or any economic losses (including without limitation, loss of business, revenue, profits, contracts, anticWaypointsted savings or data), any loss of goodwill or reputation in relation to the performance of, your use of or inability to use the Sites. Nothing within this agreement will operate to exclude any liability for death or personal injury arising from the negligence of The Waypoints.
We (including our officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so. All users are advised to check advert details carefully before entering into any agreements of any kind. If in doubt, please seek legal advice.
Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the total fees you have paid to us in relation to the listing or other service offered giving rise to liability.
In the event that you have any right, claim or action against any other user arising from that user's use of the Sites, you agree to pursue such right, claim or action independently of and without recourse to us, and you release The Waypoints (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the Terms of Service (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in the Terms of Service.
Without limiting our other remedies, we may limit your activity on the Sites, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach the Terms of Service or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.
Third party material and advertisements
This site contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by The Waypoints Care at Verwood Dorset in good faith. The Waypoints Care at Verwood Dorset does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and the Waypoints Care at Verwood Dorset specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and The Waypoints Care at Verwood Dorset takes no responsibility for such material.
In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party's terms and conditions and The Waypoints Care at Verwood Dorset will have no liability to you in respect of the same.
The Sites may contain hyperlinks to web sites operated by other parties. We do not control such web sites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such web sites does not imply any endorsement of views, statements or information contained in such web sites.
All product names mentioned herein are the trademarks of their respective owners. Some documents may contain other proprietary notices and copyright information relating to that document or organisation. You agree that The Waypoints-Care at Verwood Dorset has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of The Waypoints Care at Verwood Dorset or of any third party.
If any provision of the Terms of Service are held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
You agree that the Terms of Service and all incorporated agreements may be automatically assigned by The Waypoints Care at Verwood Dorset, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The Terms of Service set forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of the Terms of Service.
The Waypoints Care at Verwood Dorset reserves the right to amend any part of the Terms of Service at any time without notice and your use of the Sites will be deemed as acceptance of this agreement. We advise users to regularly check the Terms of Service. The Waypoints Care at Verwood Dorset has complete discretion to modify or remove any part of this Sites without warning or liability arising from such action.
Governing law and jurisdiction
This agreement shall be governed by and construed in accordance with English law and any user of the Sites hereby agrees to be bound exclusively by the jurisdiction of the English courts without reference to rules governing choice of laws.