Terms & Conditions

Terms and Conditions Version 1.05
 
Terms And Conditions Text
Terms & Conditions
Wyvex Media Limited/West Coast Today
General Terms and Conditions

Introduction

These Terms & Conditions apply to all your activities on Wyvex Media Limited websites, including West Coast Today, from registration through to content posting, participating with site and community members, communications, interactions and all transactions.

1. Your Account

By using any Wyvex Media Limited-owned website you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update all of the information you provided us within the My Profile area of our websites. Wyvex Media Limited reserves the right to refuse access to West Coast Today or any of its other websites, terminate accounts, remove or edit content or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

2. Privacy

Please review our Privacy Policy, which also governs your visit to our home page to understand our practices.

3. Access

We will do our utmost to ensure that availability of all websites will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Access to websites may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. Licence for website access

Wyvex Media Limited grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the company. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wyvex Media Limited and its affiliates without express written consent. You may not use any meta tags without written consent of the firm. Any unauthorised use terminates the permission or licence granted by Wyvex Media Limited and may leave the perpetrator open to legal action.

You are granted a limited, revocable and non-exclusive right to create hyperlinks to our websites’ pages, as long as the links do not portray any of our pages, affiliates, or products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any company logos or other proprietary graphics or trademarks as part of the link without our express written consent.

5. Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you are solely responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

 You must not use the website for any of the following:

for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".
to cause annoyance, inconvenience or needless anxiety.

6. Reviews, comments, communications and other content

Users of this or any other Wyvex Media Limited website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you:

Grant Wyvex Media Limited or any of its sites and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
The company and its affiliates and sub-licensees and the right to use the name that you submit in connection with such content, if they choose.
 
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content and material is accurate and the use of the content and material you supply does not breach any policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory)

You agree to indemnify Wyvex Media Limited and its affiliates for all claims brought by a third party against the firm or its affiliates arising out of or in connection with a breach of any of these warranties.

7. Defamation claims

Because our websites may list dozens of products for sale on the website and host many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Wyvex Media/West Coast Today operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by emailing a substantiated request with material references to editor@westcoasttoday.co.uk. Once this procedure has been followed, the company will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

8. Copyright, authors' rights and database rights

All content on this website is owned by Wyvex Media Limited - You must not copy, republish, reproduce, rework text, photos, graphics, video or sounds from this website without written permission from Wyvex Media Limited as copyright holder. All such requests should be addressed to editor@westcoasttoday.co.uk

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Wyvex Media Limited, its affiliates or its content suppliers and is protected by international copyright, authors rights and database right laws (except where other copyright / authorship is explicitly stated; e.g. YouTube videos). The compilation of all content on this website is the exclusive property of the firm and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Wyvex Media Limited, our affiliates or our software suppliers and is protected by international copyright and authors rights laws.

You may not systematically extract and/or re-utilise parts of the contents of the website without express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without our  written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without consent.

9. Copyright claims

Wyvex Media Limited and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us by sending a substantiated request with material references to editor@westcoasttoday.co.uk

10. Trademarks
Wyvex Media Limited, its subsidiaries and associated companies (collectively "Wyvex Media Limited"), operate in any applicable jurisdictions. The company’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Wyvex Media Limited and may not be used in connection with any product or service not owned. All other trademarks not owned by the firm that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wyvex Media Limited.

11. Our contract

When you place an order to purchase a product from Wyvex Media Limited or through any of our websites, we will send you an email confirming receipt of your order and containing its details. Your order represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation Email"). That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email to have been dispatched do not form part of that contract.

12. Returns (CHECK)

Under the Consumer Rights Act 2015, consumers may be entitled to a refund, replacement, repair and/or compensation where goods are faulty or not as described. Please contact our head office by telephone if you think you have been sold or purchased any product where this is applicable.

13. Pricing and availability  - 

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order then become unavailable.

Despite our efforts, a small number of the dozens of products in our catalogue may be mispriced. We verify prices as part of our dispatch procedures and if a product's correct price is lower than our stated price, we pledge to charge the lower amount and send you the product ordered. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such a cancellation.

14. Customs

When ordering goods from Wyvex Media Limited for delivery overseas, you may be subject to import duties and taxes which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

Additionally, please note that when ordering you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Conditions Relating to Both Your Use of Wyvex Media Limited websites and Sales to You

15. Age of consent

Wyvex Media Limited allows registration to our sites for all ages, but digital subscription packages must be purchased by a person of 16 or over using their own account details.

By submitting an order, you are confirming to us that you are 16 or over.

If we discover or are of the opinion that you are not legally entitled to order a subscription, we shall be entitled to cancel the order immediately, without notice to you.

16. Electronic communications

When you visit any of our websites or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17. Losses

Wyvex Media Limited will only be responsible for any reasonable losses you suffer as a result of us breaching these conditions and if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.

18. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

19. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

20. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

21. Governing law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

22. Our details

West Coast Today, Fish Farmer and Scottish Field are trading names for Wyvex Media Limited. All of our websites are owned and operated by Wyvex Media Limited, Crannog Lane, Oban, Argyll PA34 4HB. You may contact us at that postal address by way of conventional mail, or by electronic mail via finance@wyvexmedia.co.uk

23. Notice to Wyvex Media/West Coast Today of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, make note of the URL and location within that page where you believe the infringed content is displayed. Send your notification with all relevant material and references to editor@wyvexmedia.co.uk. Please provide your address, telephone number and a live email address.

Important Warning: Giving false, misleading or inaccurate information in the Notice to Wyvex Media Limited of copyright infringement may result in civil and criminal liability.

24. Subscriptions, Renewals and continuous payment.

Your subscription on West Coast Today is for personal use only . You are permitted to download a PDF version of the publications for personal use only. This does not give you the right to reproduce, print, share, rework or republish any of the articles, text, graphics, photos, videos or sounds provided by you without written permission from the editor (editor@wyvexmedia.co.uk)

Access to our premium website content is by way of subscription. You will be given full and unrestricted access to all of the sections, channels and content your subscription entitles you to during the period of your contract. Once you are outwith the subscription period you have paid for, you will not be entitled to any editions, live or archived content that is behind the paywall on our websites. Any content you wish to retain should be downloaded or saved during your service period as this will be unavailable once your subscription ends.

When you purchase a subscription and pay using a credit / debit payment card or PayPal/Stripe , it is on a continuous basis, meaning that your subscription will automatically renew for the same subscription period as the initial subscription period. You can prevent auto-renewal of your Subscription at any time by accessing your account and disabling this or contacting us on finance@westcoasttoday.co.uk