Terms & Conditions (Website T&C)
Purpose of this Web Site
This Web Site is purely a public resource of general information that is intended, but not guaranteed, to be correct and complete. It is not intended to be a source of solicitation or legal advice. Postings are not solicitations or legal advice and are for informational purposes only. This information is not intended to create and receipt of it does not constitute an attorney-client relationship. The reader should not rely or act upon any information in this site without seeking professional legal advice
Ownership of Materials/License
This Web Site and all of its current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, Images, digital video and audio clips, advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities and any and all copyrightable material (including source and object code) and any other form of intellectual property (collectively, the "Content") are owned by or licensed to SWS Countryside and Landscape Management Services or other authorised third parties and are protected as intellectual property or otherwise. Except as expressly set forth in these Terms, no rights (either by implication or otherwise) are granted to you. You may not use the Content except as expressly set forth in these Terms. UNAUTHORISED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. You may download copies of bulletins and newsletters for your personal use. SWS Countryside and Landscape Management Services may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.
Restrictions on Use
You agree not to:
•upload or transmit viruses, bugs, worms, Trojan horses or other harmful, disruptive or destructive files;
•transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
•post material that is false, harmful, threatening, abusive, harassing, tortuous, defamatory, libellous, disparaging, vulgar, obscene, pornographic, invasive of another's privacy, or promotes violence, racial hatred, terrorism or illegal acts, is otherwise objectionable, or interferes with any third party's uninterrupted use and enjoyment of the Web Site;
•impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to SWS Countryside and Landscape Management Services, including forging any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
•transmit or otherwise make available through the Web Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
•Violate any applicable law, rule or regulation.
Information You Submit
The Internet may be subject to breaches of security. You should be aware that submissions over the Internet may not be secure, and you should consider this before submitting any information to SWS Countryside and Landscape Management Services.
Disclaimers/Limitations on Liability/Indemnity
THE WEB SITE AND ALL MATERIAL CONTAINED ON IT ARE DISTRIBUTED AS AVAILABLE AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. SWS Countryside and Landscape Management Services LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW: SWS Countryside and Landscape Management Services IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. EXCEPT WHERE PROHIBITED: YOU AGREE THAT SWS Countryside and Landscape Management Services IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THIS WEB SITE; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SWS Countryside and Landscape Management Services OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; (3) THE CONTENT; OR (4) ANY ERRORS OR OMISSIONS IN THE WEB SITE'S TECHNICAL OPERATION, EVEN IF SWS Countryside and Landscape Management Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WEB SITE MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANISATIONS. THE WEB SITE DOES NOT RE PRESENT OR ENDORSE THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK AND THAT ON THIS WEB SITE SWS Countryside and Landscape Management Services DOES NOT GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. IN NO EVENT WILL SWS Countryside and Landscape Management Services BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL SWS Countryside and Landscape Management Services BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN ONE POUND (£1)
By using this Web Site you agree to indemnify, defend and hold SWS Countryside and Landscape Management Services harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defence (including, without limitation, reasonable solicitors fees and court costs) arising out of or relating to: (a) your breach of your representations; (b) your violation of these Terms or any law, rule or regulation; (c) a claim that is based on your use of this Web Site and/or the Content; or (d) any content uploaded by you or through your computer to the Web Site or otherwise sent by you to SWS Countryside and Landscape Management Services. You will cooperate as fully and reasonably as required by SWS Countryside and Landscape Management Services in the defence of any claim. SWS Countryside and Landscape Management Services reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of SWS Countryside and Landscape Management Services. .
Third Parties/No Endorsement
This Web Site often provides links to third-party web sites and other resources that could be of interest to our users. Your dealings or communications through the Web Site with any party other than SWS Countryside and Landscape Management Services are solely between you and that third party. Third-party web sites may have different privacy policies, terms and conditions, and business practices than we do. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such web sites. If you decide to access and use third-party web sites, you understand, acknowledge, and agree that you do so at your own risk. You agree that SWS Countryside and Landscape Management Services WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY-WEB SITES. Please review carefully a third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by SWS Countryside and Landscape Management Services. Views and opinions of users of this Web Site do not necessarily state or reflect those of SWS Countryside and Landscape Management Services. SWS Countryside and Landscape Management Services is not responsible for the content or performance of other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform SWS Countryside and Landscape Management Services of any errors of inappropriate material found on web sites to which this Web Site is or may be linked.
If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any SWS Countryside and Landscape Management Services names or any other intellectual property, nor may the link create the false appearance that your web site and/or organisation is sponsored by, endorsed by, affiliated or associated with SWS Countryside and Landscape Management Services. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism that is libellous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. Under no circumstances may you "frame" this Web Site or alter its intellectual property or Content in any way. SWS Countryside and Landscape Management Services reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Web Site or these Terms.
SWS Countryside and Landscape Management Services operates the Web Site in the UK. Information contained on the Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms shall be construed and enforced in accordance with the laws of the UK, without regard to its conflicts of law principles and specifically will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms and/or your use of this Web Site must be filed in the UK. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the UK for any cause of action arising under these Terms or related to the Web Site.
You agree to comply with all rules, laws, and regulations that are applicable to your use of the Web Site, including, without limitation, all applicable laws, rules, and regulations governing your transmission or use of any software or data. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provision of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
You understand and agree that SWS Countryside and Landscape Management Services will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. SWS Countryside and Landscape Management Services failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. SWS Countryside and Landscape Management Services reserves the right, in its sole discretion, to modify or discontinue this Web Site, or any portion of the Web Site without notice to you or any third party. Upon termination of your membership or access to the Web Site, or upon demand by SWS Countryside and Landscape Management Services, you must destroy all materials obtained from this Web Site and all related documentation.
We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms. We will post any changes to these Terms on this Web Site. Your continued use of this Web Site after the posting of any change in the Terms will constitute your acceptance to be bound by any such changes. The Effective Date of these Terms is the 22nd December 2019.