Legal

Terms & Conditions

Windlark Ltd

Last updated: [DATE]

1. Acceptance of Terms

By accessing or using our website (the “Site”), you confirm that you accept these terms and conditions (“Terms”) and agree to comply with them. If you do not agree, you must not use the Site. We recommend you print or save a copy of these Terms for future reference.

You must be at least 18 years of age to use this Site. By using the Site, you represent and warrant that you meet this requirement.

2. Changes to These Terms and the Site

We may amend these Terms from time to time. The revised Terms will apply from the date of publication. Please check these Terms regularly to ensure you understand the version that applies at any given time.

We may also update, suspend, withdraw, or restrict access to all or part of the Site at any time for business or operational reasons. Where reasonably practicable, we will give you reasonable advance notice of any significant changes or interruptions.

3. Account Security

If you are issued with or choose a user identification code, password, or other security credentials, you must keep these confidential and must not disclose them to any third party. You are responsible for all activity that occurs under your account.

We reserve the right to disable any account credentials at any time if, in our reasonable opinion, you have failed to comply with these Terms. If you believe your credentials have been compromised, you must notify us immediately at nick@windlark.co.uk.

4. Intellectual Property and Acceptable Use

All content on the Site, including text, graphics, logos, images, audio, video, software, and data compilations (“Content”), is owned by or licensed to us and is protected by copyright, trademark, database rights, and other intellectual property laws. Nothing in these Terms grants you any licence or right to use any trademark or logo displayed on the Site without our prior written permission.

You may, for personal, non-commercial use only:

  • View and display Content on your screen;
  • Download and store Content electronically on a personal device (not on any networked server); and
  • Print one copy of any page.

You must not otherwise reproduce, modify, copy, distribute, or use any Content for commercial purposes without our prior written consent.

You acknowledge that you are solely responsible for any content you submit via the Site, including its legality, accuracy, and originality. You must not upload or transmit any content that is unlawful, defamatory, obscene, fraudulent, infringing of third-party rights, or that contains viruses or other harmful code.

5. Prohibited Use

You may not use the Site:

  • In any way that causes, or is likely to cause, damage to the Site or impairs the experience of other users;
  • For any unlawful, abusive, harassing, or otherwise objectionable purpose, or in breach of any applicable law or regulation;
  • To attempt to gain unauthorised access to the Site, its servers, or any connected systems or databases;
  • To knowingly introduce viruses, trojans, worms, or any other malicious or harmful code;
  • To make, transmit, or store unauthorised copies of copyright-protected Content; or
  • If you are a direct competitor of Windlark Ltd, without our prior written consent.

A breach of the prohibition on introducing malicious code may constitute a criminal offence under the Computer Misuse Act 1990. We will report such breaches to the relevant authorities and co-operate fully with any investigation, including disclosing your identity. Your right to use the Site will cease immediately upon any such breach.

6. Third-Party Links

The Site may contain links to third-party websites, plug-ins, and applications. These links are provided for information only and do not constitute our endorsement of those sites or their content. We have no control over third-party sites and accept no responsibility for their content, practices, or availability.

Clicking on external links may allow third parties to collect or share data about you. When you leave our Site, we encourage you to read the privacy policy of every site you visit.

7. Disclaimers and Availability

The Site and all Content are provided on an “as is” and “as available” basis. Whilst we make reasonable efforts to ensure the Site is secure, accurate, and free from errors and malware, we give no warranty — express or implied — as to its fitness for any particular purpose, accuracy, compatibility, or satisfactory quality. We are under no obligation to update Content on the Site.

We do not guarantee that the Site will always be available or uninterrupted. We accept no liability for any disruption or unavailability of the Site.

8. Limitation of Liability

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence or that of our employees, agents, or subcontractors; or
  • Fraud or fraudulent misrepresentation.

Subject to the above, to the maximum extent permitted by applicable law, we will not be liable for:

  • Any loss of profits, income, revenue, anticipated savings, contracts, goodwill, or business opportunity;
  • Business interruption;
  • Loss or corruption of data or software;
  • Any indirect, special, or consequential loss or damage; or
  • Any losses arising out of events beyond our reasonable control.

If you are a consumer, we only provide the Site for private, non-commercial use. We have no liability to you for any loss of profit, business interruption, or loss of business opportunity.

If you are a business user, we exclude all implied conditions, warranties, and representations to the fullest extent permitted by law.

9. Indemnification

You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your violation of these Terms or your use of the Site.

10. Privacy Policy and Cookies

Your use of the Site is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these Terms by reference. Please review those policies carefully. We will only use your personal information as set out in our Privacy Policy.

11. Transfer of Rights

You may not transfer any of your rights or obligations under these Terms to any other person. We may transfer our rights and obligations under these Terms to another organisation. We will notify you in writing if this occurs and will ensure that the transfer does not adversely affect your rights.

12. Linking to Our Site

You may link to our home page provided you do so in a fair and lawful manner that does not damage or exploit our reputation. You must not:

  • Suggest any association, approval, or endorsement by us where none exists;
  • Establish a link from a website you do not own; or
  • Frame our Site within any other website.

We reserve the right to withdraw linking permission at any time without notice.

13. General Provisions

These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and us relating to your use of the Site and supersede all prior agreements, discussions, and arrangements.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, it will be amended or deleted to the minimum extent necessary to make it compliant, and the remaining provisions will continue in full force and effect.

No delay or failure by either party to exercise any right or remedy will constitute a waiver of that right or remedy.

The Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms. No third party has any right to enforce any provision of these Terms.

14. Governing Law and Jurisdiction

These Terms and any disputes arising from them (including non-contractual disputes or claims) are governed by the law of England and Wales.

If you are a consumer, the courts of England and Wales will have jurisdiction, except that if you are resident in Northern Ireland or Scotland, you may also bring proceedings in those jurisdictions.

If you are a business, you agree to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

If you have any questions about these Terms, please contact us at:

Windlark Ltd
Southgate Office Village
Block D, Office 4a
286 Chase Road
London
N14 6HF
nick@windlark.co.uk