Website Terms & Conditions
Who we are and how to contact us
Welcome to www.worsteadestate.com (Website)
The Website is operated by Worstead Farms Limited a private limited company incorporated and registered in England and Wales under company number 00512118 with its registered office at Holly House, Smallburgh, Norfolk, NR12 9NB. Our VAT number is 105826678. References to we, us and our in these terms and conditions are to Worstead Farms Limited.
To contact us, please email sales@worsteadestate.com or telephone us on 01692 536226.
By using our Website you accept these terms
By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our Website.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our Website:
Our Privacy Policy.
Our Cookie Policy, which sets out information about the cookies on our Website.
If you purchase goods from the online store on our Website, our Terms and conditions of supply will apply to the sales.
We may make changes to these terms
We may amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 1 July 2020.
We may make changes to our Website
We may update and change our Website from time to time, for example, if we think doing so will improve our users’ experience or it necessary to reflect changes to our products, our users’ needs and our business priorities.
We may suspend or withdraw our Website
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You must keep your account details safe
If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at sales@worsteadestate.com.
How you may use material on our Website
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In particular, but without limitation, you must not reproduce, copy or modify any of the material or content on our Website, or in any way use any of the material or content on our Website for any commercial purpose, without our prior written permission.
If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this Website
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
We are not responsible for websites we link to
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
User-generated content is not approved by us
This Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
Interactive services
We may from time to time provide interactive services on our Website.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Use standards
Whenever you use our Website, you must comply with our use standards set out below. These use standards apply to any and all material which you contribute to our Website (Contribution), and to any interactive services associated with it. Our use standards must be complied with in spirit as well as to the letter. The use standards apply to each part of any Contribution as well as to its whole.
You warrant that any your use of our Website and each and every Contribution which you make complies with our use standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We will determine, in our absolute discretion, whether a use or Contribution breaches the use standards. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
If you make a Contribution then it must:
Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in England and Wales and in any country from which it is posted.
You may use our Website only for lawful purposes. You must not use our Website in any way, or make any Contribution, which:
Breaches any applicable local, national or international law or regulation.
Is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
Harms or attempts to harm minors in any way.
Bullies insults, intimidates or humiliates any person.
Defames any person.
Is obscene, offensive, hateful or inflammatory.
Promotes sexually explicit material.
Involves, includes, promotes or disseminates, pornography or child sexual abuse material.
Involves, includes, promotes terrorism or violence.
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringes any copyright, database right or trade mark of any other person.
Is likely to deceive any person.
Breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promotes any illegal activity.
Would be contempt of court.
Threatens, abuses or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety.
Is likely to harass, upset, embarrass, alarm or annoy any other person.
Gives the impression a Contribution or something else emanates from us, if this is not the case.
Advocates, promotes, incites any party to commit, or assists any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contains any advertising or promote any services or web links to other websites.
You may not use our Website or upload any Content to:
Do anything which is prohibited by these terms and conditions.
Send, knowingly receive, upload, download, use or re-use any material which is not permitted by these terms and conditions.
Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
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.
Impersonate any person, or misrepresent your identity or affiliation with any person.
Make any statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
You are solely responsible for securing and backing up your content. We do not store terrorist content.
Rights you are giving us to use material you upload
Any Contributions and material you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with and/or to promote our business activities and this Website.
How to complain about content
If you wish to complain about content on our Website, please contact us on sales@worsteadestate.com.
Breaches of these terms and conditions
When we consider that a breach of our terms and conditions has occurred, we may take such action as we deem appropriate. Failure to comply with any standards, requirements, conditions or other terms set out in these terms and conditions constitutes a material breach of the terms upon which you are permitted to use our Website, and may, without prejudice to our legal rights and remedies, result in us taking all or any of the following actions against you:
Immediate, temporary or permanent withdrawal of your right to use our Website.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our Website.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude our liability for all action we may take in response to breaches of our requirements for the use of our Website (including, without limitation, any requirements for Contributions). The actions we may take are not limited to those set out above (in the section Breaches of these terms and conditions).
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Website; or
use of or reliance on any content displayed on our Website.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Rules about linking to our Website
You must not link to our Website (or any part of it), without our prior written permission. In particular, but without limitation, you must not in any event:
establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
establish a link to our Website in any website that is not owned by you; or
frame our Website on any other website.
If, in our absolute discretion, we do decide to grant you permission to link to our Website (or any part of it) then:
we reserve the right to withdraw linking permission without notice; and
the website in which you are linking must comply in all respects with the content standards set out in these terms and conditions and the standards for use of our Website.
If you wish to link to or make any use of content on our Website, please contact sales@worsteadestate.com.
Which country’s laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.