Terms & Condition

These terms explain how you (the ‘user’) may use this website, WHITBYANDCO.COM. Other than in relation to any consents required for cookies which are not ‘strictly necessary’ for access and operation of the website, your agreement to comply with and be bound by these terms is deemed to occur upon your first use of the website.  If you do not agree to any of these terms, you must stop using the website immediately.

1. Information About Us

1.1 WHITBYANDCO.COM is owned and operated by 29 Fleet Street Limited, a company registered in England under 07343392 with the registered address of 29 Fleet Street, London, EC4Y 1AA.
1.2 We are regulated by The General Optical Council (GOC).

2. Access to Our Site

2.1 Access to the website is free of charge but it is your responsibility to make all arrangements necessary in order to access the website.
2.2 Our website is only for users in the UK and access to our website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue it (or any part of it) at any time and without notice at any time and for any period for business or operational reasons and we will not be liable to you for this.

3. Links to Our Site & Intellectual Property Rights

3.1 You may not link to any subpages of our website or frame/embed any pages (including homepages) of our website without our express permission.
3.2 All content on the website and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by us. The content is protected by applicable UK and international intellectual property laws and treaties.
3.3 Other than as set out in section 3.4 below you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content from the website unless given express written permission to do so by us.
3.4 You may:
a) access, view, browse and use the site;
b) download the website (or any part of it) for caching; and
c) save pages from the site for later and/or offline viewing or print them.
3.5 Our status as the owner and author of the website content (or that of identified licensors, as appropriate) must always be acknowledged.
3.6 You may use this website for general information purposes or as set out in Chapter III of the Copyrights, Designs and Patents Act 1988: ‘Acts Permitted in Relation to Copyright Works’ but may not use any content saved or downloaded from the website for any commercial purposes without first obtaining a licence from us (or our licensors, as appropriate).

4. Links to Other Sites

Links to other sites may be included on our website. Unless expressly stated, these sites are not under our control.  We neither assume nor accept responsibility or liability for the third-party site content. The inclusion of a link to another site on our website is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

5. Use of ‘Contact Us’

Where you use our website at any time to contact us then, subject to your GDPR rights,:

a) we may monitor communications made through the website; and
b) any information that you send to us may be modified by us and, by sending us such information, you waive your moral right to be identified as the author of that information.

6. Disclaimers

6. 1 Medical related information on our website, including any details of healthcare services or products, is provided for general information purposes only. Professional or specialist advice should always be sought by you before deciding whether or not to act relating to such information.
6.2 Insofar as legally permissible, we make no representation, warranty, or guarantee that our website will meet your requirements, or that it will be compatible with all software and hardware, or, despite our exercising all reasonable skill and care to ensure its security, that it will be secure.
6.3 We make reasonable efforts to ensure that the our website is complete, accurate, and up-to-date but we do not, whether expressly or by implication, warrant or guarantee this.
6.4 We make reasonable efforts to ensure that pricing information shown on our website is correct at the time of publishing. We reserve the right to change prices at any time and may add or remove special offers and promotions from time to time. All pricing information is reviewed and updated periodically.
6.5 Whilst reasonable efforts are made to ensure that all depictions and descriptions of goods or services correspond those available, minor variations or errors may occur.
6.6 We make no representation, warranty, or guarantee that all products and services shown on our site will be available from us. Please contact us if you wish to enquire as to their availability.

7. Our Liability

7.1 To the extent legally permissible, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our website and we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising in connection with the use of (or inability to use) our website or the use of or reliance upon any content included on it.
7.2 Our website is intended for non-commercial use only. If you are a business user, we accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
7.3 We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the website (including any content downloaded from it) or any other site referred to on our website.
7.4 Nothing in these terms excludes our liability for fraud or death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

8. Viruses, Malware and Security

8.1 We exercise all reasonable skill and care to ensure that our website is secure and free from viruses and other malware but you are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
8.2 You must not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.3 You must not attempt to gain unauthorised access to any part of our website, the server on which it is stored, or any other server, computer, or database connected to it.
8.4 You must not use our website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind
8.5 You must not attack our website by means of a denial-of-service attack or by any other means.
8.6 Breaches of the above are criminally actionable under the Computer Misuse Act and will be reported together with your identifying information to the relevant law enforcement authorities.

9. Prohibitions & Acceptable Use

9.1 Irrespective of any consents we may grant you from time to time, you may only use our website in a manner that is lawful.
9.2 you must ensure that you comply fully with all local, national or international laws and/or regulations and you must not use our website in connection with unlawful activity or fraud.
9.3 Your use of our website (or any systems within it used to contact us) or any website content or links used by you outside of our website is subject to such use or other such website not promoting, containing or facilitating any of the following (such list being non-exhaustive):a) communication that is obscene, sexually explicit, deliberately offensive, hateful or otherwise inflammatory;
b) terrorism, violence or discrimination against, or defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
c) content which is intended (or is otherwise likely) to harm, threaten, harass, annoy, intimidate, insult, upset, or humiliate another person;
d) information that is calculated or is otherwise likely to deceive;
e) information that is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
f) fraud or misleadingly impersonates any person or otherwise misrepresents identity or affiliation in a way that is calculated to deceive;
g) implying any form of affiliation or association with us where none exists;
h) infringing, or assisting in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; and/or
i) information in breach of any legal duty owed to a third party including, but not limited to, contractual or confidential duties.

10. Breach of these Terms

If you materially breach these terms we may do one or more of the following:

a) suspend, whether temporarily or permanently, your right to access our website;
b) issue you with a written warning;
c) take legal or injunctionary proceedings against you and/or seek  reimbursement of all related costs on an indemnity basis resulting from your breach;
d) disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
e) any other action which we deem reasonably appropriate.

We exclude our liability arising out of any actions (including those set out above) that we may take in response to breaches of these terms.

11. Changes to these Terms of Use

11.1 We may alter these terms at any time for business or operational reasons. Any changes will become binding on you upon your first use of our website after the changes have been implemented.  You are therefore advised to check this page from time to time.
11.2 In the event of any conflict between the current version of these terms and previous versions, the current version shall prevail unless expressly stated otherwise.

12. Contacting Us

Please use the ‘Contact Us’ option or email us at info@whitbyandco.com

13. Law and Jurisdiction

13.1 These terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
13.2 If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these terms, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
13.3 If you are a business, any disputes concerning these terms, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

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