Terms & Conditions of Registration and Use of our website.
Version 12/2004
1. Our contract
By using or registering on our site you enter into a binding contract with us on the following terms and conditions.
2. A Wales business service only
Our site is directed exclusively at commercial enterprises in Wales.
3. Our promises
3.1 We will permit you to access, use and interact with our site subject to these terms and conditions.
3.2 We will:
3.2.1 exercise reasonable care in compiling our site;
3.2.2 use reasonable efforts to make our site available to you at all times;
4. Exclusions and limitations
4.1 We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
4.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
4.3 We do not represent or warrant that:
4.3.1 any services (whether or not provided by us) will be provided with due care and skill; or
4.3.2 any goods (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
4.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence), which we may otherwise have to you as a result of:
4.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
4.4.2 the unavailability of our site (or any part of it), goods or services;
4.4.3 any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;
4.4.4 any goods not being of merchantable quality or fit for their intended purpose; or
4.4.5 any misrepresentation on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
4.5 You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
4.6 You agree that each of these limitations is reasonable having regard to the nature of our site
4.7 None of the exclusions or limitations in this clause 4 shall exclude or restrict our liability for death or personal injury caused by our negligence.
4.8 None of the above exclusions shall affect any statutory rights, which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site, good or service to you.
4.9 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
5. Accuracy of your information
5.1 In consideration of your use of our website, you agree: -
5.1.1 to provide true, accurate, current, complete, reliable and relevant information about your business when filling out the registration form; and
5.1.2 to promptly inform us of any changes to the information you have provided us.
5.2 You agree that you will not provide us with any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene libellous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable and you agree (without prejudice to clause 8.1) that we may remove all such information from your Contract Shop member profile without reference to you.
6. Data Protection
6.1 We will use the information you provide to us to create your Contract Shop member profile which will be included on our website which is available generally. We will share your information with our business partners (in particular Sell 2 Wales) and other interested parties who may contact you and/or your named contacts with regard to your business. By registering, you consent to us processing the information given by you for the above purposes.
6.2 Where information given by you constitutes personal data (as defined by the Data Protection Act 1998 (“the Act”)), we will, as the Data Controller, process your personal data in accordance with the Act.
7. Links to other sites
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
8. Termination of subscription
8.1 We reserve the right to suspend or terminate your registration and/or remove your Contract Shop member profile from our website immediately if you are in breach of any of these terms and conditions.
8.2 You may terminate your registration at any time on 30 days notice to us.
8.3 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
9 No commercial use
You agree that you will use our site only for your internal business purposes and that you shall not exploit our site or any of its contents for any commercial purpose.
10 General
10.1 Third party rights
Where in these terms representations and warranties are made to us and to other users of our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
10.2 Variations
We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
10.3 Copyright
All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services from businesses registered with our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited. You hereby grant to us a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available any material you up-load or post to our site (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not up-loaded or posted subject to any obligation of confidence.
10.4 Trade marks
We are the proprietor of the “Welsh Assembly Government” and “SIOP GYTUNDEBAU CONTRACT SHOP” trade marks in the UK and other countries. All other trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
10.5 Access
We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
10.6 Events beyond our control
We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
10.7 Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.
10.8 Unenforceability
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
11 Definitions
In these terms and conditions:
11.1 ‘our site’ means our presence on the Internet;
11.2 ‘our’, ‘we’ and ‘us’ means the Welsh Assembly Government of
11.3 ‘you’ and ‘your’ include any business with which you are associated and on behalf of which you use our site (‘your business’).
