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| TERMS AND CONDITIONS,
PRIVACY STATEMENT & DISCLAIMER |
| This Agreement is between English
Welsh & Scottish Railway Limited ("EWS")
and the visitor to our Website (referred to
as "you" or "your" in
these terms and conditions) |
| Terms and
Conditions for Access and Use of this Website |
| 1. Acceptance of terms |
| Your access to and use of www.ews-railway.co.uk
and/or other websites provided by EWS ("the
Website") is subject exclusively to these
terms and conditions. You will not use the
Website or any purpose that is unlawful or
prohibited by these terms and conditions.
By using this Website you are fully accepting
the terms, conditions and disclaimers contained
in this notice. If you do not accept these
terms and conditions you must immediately
stop using the Website. |
| 2. Information |
| The content contained within
this Website is to the best of our knowledge
accurate and reflective of the services offered
by EWS. However, the content of this Website
should not wholly be used or relied upon in
making, or refraining from reaching, any decision
by you. |
| 3. Changes to the Website |
| EWS reserves the right to: |
| 3.1 change or remove (temporary
or permanently) the Website or any part of
it without notice and you confirm that EWS
shall not be liable to you for any such change
or removal; and |
| 3.2 change these terms and
conditions at any times; and |
| 3.3 your continued use of the
Website following any changes shall be deemed
to be your acceptance of any changes. |
| 4. Links to Third Party's websites |
| This Website may from time
to time include links to third party websites
that are controlled and maintained by others.
Any link to other websites is not an endorsement
of such websites by EWS and you acknowledge
and agree that EWS is not responsible for
the content or availability of any such sites. |
| 5. Copyright |
| 5.1 All copyright, trade marks,
database rights, and all other intellectual
property rights in the Website and its content
(including without limitations the Website
design, text, graphics and all software and
source codes connected with the Website) are
owned by or licensed to EWS or otherwise used
by EWS as permitted by law. You may not exploit,
use, link to, frame or reproduce copyright
material, trade marks or other intellectual
property rights of EWS or its licensors without
the prior written consent of EWS or its licensors. |
| 5.2 In accessing the Website,
you agree that you will access the content
solely for your personal use. None of the
content may be downloaded, copied, reproduced,
transmitted, stored, sold or distributed without
the prior written consent of the copyright
holder. This excludes downloading, copying
and/or printing of pages of the Website for
personal non-commercial use. |
| 6. Disclaimers and limitation
of liability |
| 6.1 The Website is provided
on an "as is" and "as available"
basis without any representation or endorsement
made and without warranty of any kind whether
express or implied, including but not limited
to the implied warranties of satisfactory
quality, fitness for a particular purpose,
non-infringement, compatibility, security
and accuracy. Although EWS takes reasonable
steps to ensure that the Website is free from
computer viruses, this cannot be guaranteed
and you should always check for viruses before
downloading and/or accessing or using the
Website. |
| 6.2 To the extent permitted
by law, EWS will not be liable for any indirect
or consequential loss or damage whatever (including
without limitation loss of business, opportunity,
data, profits) arising out of or in connection
with the use of the Website. Subject to clause
6.4 below, under no circumstances shall EWS's
liability for any claims hereunder exceed
the prices paid by you for any goods and services
supplied via the Website. |
| 6.3 EWS makes no warranty that
the functionality of the Website will be uninterrupted
or error free, that defects will be corrected
of that the Website or the server that makes
it available are free of viruses or anything
else which may be harmful or destructive. |
| 6.4 Nothing in these terms
and conditions shall be construed so as to
exclude or limit the liability of EWS for
death of personal injury as a result of the
negligence of EWS or of that of its employees
or agents. |
| 7. Indemnity |
| You agree to indemnify and
hold EWS and its employees and agents harmless
from and against all liabilities, legal fees,
damages, losses, costs and other expenses
in relation to any claims or actions brought
against EWS arising out of any breach by you
of these terms and conditions or any other
liabilities arising out of your use of this
Website. EWS shall be entitled to terminate
your use or access to the Website or any part
of it in its sole discretion including, without
limiting its rights in any way, for over use
or abuse. |
| 8. Severance |
| If any of these terms and conditions
should be determined to be invalid, illegal
or unenforceable for any reason by any court
of competent jurisdiction then such term or
condition shall be severed and the remaining
terms and conditions shall survive and remain
in full force and effect and continue to be
binding and enforceable. |
| 9. Use of your information |
| You agree to use of your information
in accordance with the terms of our privacy
statement. |
| 10. Terms and conditions of
purchase |
| The e-commerce terms and conditions
govern purchases made via the Website. |
| 11. Entire Agreement |
| These terms and conditions
set out the entire terms agreed between us
for your use and access of the Website. |
| 12. Who we are |
| This Website is owned and controlled
by English Welsh & Scottish Railway Limited
whose registered office is at: |
| McBeath House, 310 Goswell
Road, London EC1V 7LW |
| Email address: |
| The company registration number
is 02938988 |
| 13. Governing Law |
| These terms and conditions
shall be governed by and constructed in accordance
with the law of England and you hereby submit
to the exclusive jurisdiction of the English
courts. |
|
| PRIVACY STATEMENT |
| 1. This website is owned and
operated by English Welsh & Scottish Railway
Limited, 310 Goswell Road, London EC1V 7LW.
EWS is committed to protecting your privacy
and maintaining the security of any personal
information received from you. We strictly
adhere to the requirements of the data protection
legislation in the UK. The purpose of this
statement is to explain to you what personal
information we collect and how we may use
it. |
| 2. When you ask EWS to contact
you, provide you with information or subscribe
to regular e-mail bulletins from EWS, we need
to know either all or part of: your name and
address, your phone number, your e-mail address
or any other information required to fulfil
your request. The supply of this information
allows us to process and fulfil your query
or request. You have the option to withhold
personal information that is not required
for the order process. |
| 3. EWS may use your personal
information to update you about new products/services.
Where indicated, we will only contact you
with your consent. |
| 4. EWS follows strict security
procedures in the storage and disclosure of
information which you have given to us, to
prevent unauthorised access in accordance
with the UK data protection legislation. |
|
5. EWS do not collect sensitive information
about you except when you specifically knowingly
provide it.
|
|
| WEBSITE CONTENT
DISCLAIMER |
| English Welsh & Scottish
Railway Limited of McBeath House, 310 Goswell
Road, London, EC1V 7LW ("EWS") is
providing this site on an "as is"
basis and makes no representations or warranties
of any kind with respect to this site or its
contents and disclaims all such representations
and warranties. In addition EWS makes no representations
or warranties about the accuracy, completeness,
or suitability for any purpose of the information
and related graphics published in this site.
The information contained in this site may
contain technical inaccuracies or typographical
errors. All liability of EWS howsoever arising
for any such inaccuracies or errors is expressly
excluded to the fullest extent permitted by
law. |
| Neither EWS nor any of its
directors, employees or other representatives
will be liable for loss or damage arising
out of or in connection with the use of this
site. This is a comprehensive limitation of
liability that applies to all damages of any
kind, including (without limitation) compensatory,
direct, indirect or consequential damages,
loss of data, income or profit, loss of or
damage to property and claims of third parties. |
| Notwithstanding the foregoing,
none of the exclusions and limitations in
the clause are intended to limit any rights
you may have as a consumer under local law
or other statutory rights which may not be
excluded nor in any way to exclude or limit
EWS liability to you for death or personal
injury resulting from our negligence or that
of our employees or agents. |
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