WhiteHorseMachinery.co.uk (“Website”, “website”) is comprised of various web pages and services operated by White Horse Machinery Limited (referred to as “WHM” from herein).
The website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the website constitutes your agreement to all such terms, conditions and notices. The website may also contain additional terms that govern particular features or offers (for example, newsletters) (“Additional Terms”).
In the event that any of the terms, conditions and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the websites, then these terms shall prevail.
WHM reserves the right to change the terms, conditions and any notices under which the website is offered, including but not limited to the charges, if any, associated with the use of the website. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledges your agreement.
You agree that no partnership, joint venture, employment or agency relationship exists between you and WHM, as a result of this agreement or use of the website. You agree to indemnify and hold WHM., its subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable solicitors’ fees, asserted by any third party due to or arising out of your use of or conduct on the website, or its products and/or services. WHM reserves the right to disclose any personal information about you or your use of the website, including its contents and history, without your prior permission if WHM has good faith belief that such action is necessary to conform to legal requirements or to comply with legal processes.
WHM’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WHM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website, products, services or any and all information provided to or gathered by WHM with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you, the user and customer and WHM, with respect to the website and it supersedes all prior contemporaneous communications and proposals, whether electronic, oral or written, between you, the user and customer and WHM with respect to the WHM website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Use Limitation Notice
Unless otherwise specified, or agreed, the website is for your personal use, as person, persons or company. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sell or transfer any information, products or services obtained from or through the website.
Prohibited Use Notice
As a condition of your use of the website, you warrant to WHM that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions and other such notices. You may not use the website in any manner which could damage, disable, impair or overburden the website or interfere with any other party’s use of the website. You may not obtain or attempt to obtain any materials, media or information through any means not intentionally made available or provided through the website.
Privacy and Protection of Your Provided Personal Information
Third Party Websites and Other Services
The website may contain links to or feeds from other websites (“Partner Service(s)”, “partner service(s)”). The partner services are not under the control of WHM, and WHM, is not responsible for the contents of any partner service, including without limitation any URL, hyperlink or link contained, promoted or encouraged by and in any format controlled by these partner services, or any changes or updates to partner services or any information transmitted on partner services. WHM is providing these links to you only as a convenience, and the inclusion of any link, feed, or any other media or type does not imply endorsement by WHM of the partner service or any association with its operators or affiliates.
Any dealings with third parties, including advertisers or analytics trackers, included within or available via a link from the website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the third party. WHM shall not be responsible or liable for any part of any such dealings or promotions.
Materials Provided to WHM
WHM does not claim ownership of the materials you provide (including feedback, reviews and suggestions), post, upload, input or submit to the website. However by posting, uploading, sending, inputting, providing or submitting any such materials, information or such, you are granting WHM, its affiliated companies and sublicensees permission to use your submission in connection with the operation of their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with such submission, and the right to sublicense such rights to any of WHM, affiliated companies and/or sublicensees. WHM, develops, sells and owns a wide variety of products and services. WHM, is not responsible for any similarity between its products and services and your idea. You agree that there is no contract or understanding between you and WHM, regarding your submission, and no obligation to keep your submission confidential, unless explicitly requested. No compensation will be paid with respect to the use of your submission, as provided herein. WHM, is under no obligation to review, post, or use any submission you may provide and may remove any submission at any time at WHM’s sole discretion.
By sending, posting, uploading, inputting or otherwise providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all of the rights necessary for you to provide, post, upload, send, input or submit the submission, and that use of the submission will not violate the rights of others.
Use of Communication & Support Services
The website may contain chat areas, news sections, support pages, calendars and/or any other message or communication facilities which enable you to communicate with our support teams, sales team and other teams associated with the website or with the public at large through reviews (collectively known as, “Communication Service(s), “communication service(s)”). You agree to use these communication services in a proper way and in a way which is related to the particular communication service presented to you. By way of example, and not to be taken as a limitation, you agree that when using communication services, that you will not:
- Abuse, harass, stalk, defame, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of our staff and of others;
- Publish, post or distribute any inappropriate, profane, defamatory, legally infringing, indecent, obscene or otherwise unlawful material or information;
- Send through e-mail, upload or otherwise make available files that contain images, photos, software or other material protected by intellectual property laws (or by the rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents;
- Send through e-mail, upload or otherwise make available files that contain viruses such as, but not limited to trojans, hooks, malware, adware, botnet software, and so forth that may damage the operation of staff computers.
- Use any material or information, including images or photographs, which are readily available on the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
- Advertise or offer to sell or buy any goods or services for any personal or business service, unless such communication service specifically allows such messages to be sent;
- Download any files which the website or member of staff does not allow you to;
- Falsify or delete any attributions, legal or other proper notices or proprietary designations or labels of the origin or source or other material contained that is uploaded for use on the website;
- Restrict or inhibit any other customer, member of staff or any other such entity from use and enjoyment of website and communication services;
- Harvest or otherwise collection information about products, customers, staff without consent;
- Violate any applicable laws or regulations;
- Create a falsified identity for the purpose of fraud.
WHM is under no obligation to monitor any of the communication services, however, WHM reserves the right to review and investigate in its sole discretion should there be a need for such activities to take place. WHM reserves the right to terminate your access to any or all of the communication services provided to you at any time, without notice for any reason whatsoever.
Materials uploaded or sent through e-mail to sales, or our support staff may be subject to limitations, reproduction and/or dissemination, therefore you are responsible for adhering to such limitations if you upload, send or download any and all materials provided.
Termination and/or Access Restriction
WHM reserves the right, at its sole discretion to terminate your access to any or all of the websites and related services or any portion thereof at any time, without notice.
Content Available on the Website
Content and any and all materials, including media, documents and software (“Media”, “media”) that is made available to download to you from the website, excluding particular software that may be made available by end-users through a communication service is the copyrighted work of WHM, and/or its suppliers, licencors, providers of, sublicensees, or affiliated companies. Any third party notices accompanying any media are provided for informational purposes only. No other rights or licences whether express or implied, including without limitation any implied patent licences, are granted by WHM. Media is owned by WHM, and/or its suppliers and is protected by copyright laws and international treaty provisions.
Any reproduction or redistribution of the media is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MEDIA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE MEDIA IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENCE AGREEMENT. You acknowledge that the media, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations. You agree not to export or re-export the media, directly or indirectly, to any countries that are subject to export restrictions.
The information, products, media and services included in, provided by or through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. WHM and/or its respective suppliers may make improvements and/or changes on the information, products, media and services you may acquire through the website at any time, without prior notice to you. Advice received via the website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
WHM and/or its respective suppliers, affiliates, licensors or sublicensees make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, media, products, services and related graphics contained on the website for any purpose, including e-mail or phone calls. All such information, media, products, services and others are provided “AS IS” without warranty of any kind, unless otherwise specified, explicitly. WHM and/or its respective suppliers, affiliates, licensors or sublicensees hereby disclaim all warranties and conditions with regard to this information, media, products, services, related graphics and others – including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
YOU SPECIFICALLY AGREE THAT WHM SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL, MEDIA OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. YOU SPECIFICALLY AGREE THAT WHM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, BROKEN, OFFENSIVE OR ILLEGAL CONTENT, PRODUCTS, SERVICES OR OTHER AS SUCH OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT WHM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE WEBSITE BY ANY THIRD PARTY.
In no event shall WHM and/or it’s suppliers, affiliates, licensors or sublicensees be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the website, products and services offered by WHM or otherwise with the delay or inability to use the website, products and/or services, the provision of or failure to provide services, or for any information, media, products, services and such related, through the website, e-mail, phone or any other applicable form of transmission whether based on contract, tort, negligence, strict liability or otherwise, even if WHM or any of it’s suppliers, affiliates, licensors or sublicensees have been advised of the possibility of damages.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If you live in or your business is incorporated in Isle of Man then claims for breach of this contract will be subject to the laws of England, without reference to conflict of laws principles. All other claims, including regarding consumer protection laws, unfair competition laws and in tort, will also be subject to the laws of England.
Copyright and Trademark Notice
All contents, products and services listed on the website are copyright © 2019 WHM and/or its suppliers, affiliates, licensors or sublicensees. All rights reserved. WHM, WhiteHorseMachinery.co.uk, the logos and/or other WHM products and or services referenced herein are either trademarks or registered trademarks of WHM. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person or event is intended or should be inferred. Any rights not expressly granted herein are reserved by WHM.
Notices and Procedures for Making Claims of Intellectual Property Infringement
WHM respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please e-mail firstname.lastname@example.org. All enquiries not relevant to intellectual property and copyright will not receive a response. Please allow up to 30 days for us to respond to your claim, if no response is received within 30 days please mark your e-mail as “Important” and try again until a response is received.
WHM does not claim to provide any presses, machinery or equipment directly – all listings are those of individual sellers. Codes, reference numbers or anything of such in the ‘Additional Information’ field are there only as guides to help you find the machinery you are looking for.