Terms and Conditions

Please read these terms and conditions (these ‘Terms’)
carefully as they contain important information about your rights
and obligations when using this website (the ‘Website’) and in
particular clause
9.6 and 9.7.
You should print a copy of these terms for future reference.

This Website is owned and operated by
Gwythan Ltd. (‘we’/’us’/’our’), a limited company registered in
England and Wales under company number: 07894749 having our
registered office at Kemp House, 160 City Road, London, EC1V 2NX.
Our VAT Number is: GB 128161331 .

1    How these Terms apply

1.1         By using the Website you
are agreeing to comply with and be bound by these Terms regarding
the use of the Website in consideration for us allowing you to
access and use the Website. You must not use the Website if you do
not agree to comply with and be bound by these Terms.

1.2         Use of the Website
includes accessing or browsing the Website.

1.3         We reserve the right to
change these Terms at any time. We will take reasonable steps to
make you aware of any changes to the Terms, for example by posting
them on the Website. You agree to be bound by the version of these
Terms displayed on the Website at the time you use it.

2    Access

2.1         You are responsible for
making all arrangements necessary for you to have access to the
Website.

2.2         You are responsible for
ensuring that all persons who access the Website through your
internet connection are aware of these Terms, and that they comply
with them.

2.3         We make reasonable efforts
to ensure that the Website is available to view and use 24 hours a
day throughout each year however, this is not guaranteed. The
Website may be temporarily unavailable at any time because of
server or systems failure or other technical issues, or reasons
that are beyond our control, required updating, maintenance or
repair.

2.4         Where possible we will try
to give you advance warning of maintenance issues but shall not be
obliged to do so.

3    Intellectual property

3.1         In these Terms,
Intellectual Property Rights mean copyright (including design
copyrights), trademarks, patent, database and other intellectual
property rights and similar proprietary rights which include,
(without limitation), all rights in software, design, materials,
works, techniques, computer programs, source codes, data,
technical information, trading business brand names, goodwill,
service marks, the style or presentation of the goods or services,
creations, inventions or improvements upon or additions to an
invention, confidential information, know-how and any research
effort relating to Gwythan Ltd., moral rights and any similar
rights in any country (whether registered or unregistered and
including applications for and the right to apply for them in any
part of the world).

3.2         The software code
contained in and related to the Website and the materials on the
Website including text, images, videos, photographs and other
materials are protected by Intellectual Property Rights owned by
us and our licensors. You acknowledge that the Intellectual
Property Rights in the Website and any software code used with and
material supplied as part of the Website shall remain with us or
our licensors.

3.3         Subject to clause 4 you may:

3.3.1            retrieve and display
materials on the Website on a computer screen;

3.3.2            download and store in
electronic form materials on the Website; and

3.3.3            copy and print one
copy only of materials on the Website.

3.4         Copying, downloading,
storing or printing the materials on the Website for any reason
other than personal use or in accordance with clause 4.2.2 is
expressly prohibited.

3.5         You agree that you will
not (and will not assist or facilitate any third party to)
otherwise reproduce, modify, copy, distribute, transmit, publish,
display, commercially exploit or create derivative works from any
of the materials on the Website.

3.6         No licence is granted to
you to use any of our trademarks or those of our affiliated
companies.

3.7         You agree that you will
not use our Intellectual Property Rights in any way other than
allowed under these Terms and any infringement by you of our
Intellectual Property Rights will be a breach of these Terms.

4    Use of the Website

4.1         You are permitted to use
the Website and the material contained in it only as expressly
authorised by us and in accordance with these Terms as may be
amended from time to time without notice to you.

4.2         Provided that you comply
with the other provisions of this clause, you may download or
print one copy only of pages of our website:

4.2.1            for your own private
use; or

4.2.2            to draw attention to
the content of our website to members of your organisation.

4.3         You must not:

4.3.1            download or print
pages of the Website for commercial use other than use permitted
by clause 4.2.2;

4.3.2            alter the content of
any webpage you download or print; or

4.3.3            use any images,
videos or photographs on the webpage without the accompanying
text.

4.4         You must:

4.4.1            keep intact all and any copyright and proprietary notices accompanying or attached to
the materials on the Website you download, copy, store or print;

4.4.2            acknowledge us as the owners of the content of the Website;

4.4.3            erase any pages of the Website or materials on those pages downloaded other than in accordance with this clause; and

4.4.4            destroy any pages of the Website or materials on those pages printed other than in accordance with this clause.

4.5         You must not modify,
adapt, translate, reverse engineer, decompile or disassemble any
code or program used by or in connection with the Website. You
must contact us to request our consent if you wish to take any
such action to create an interoperable program and we may provide
such consent if you provide us with the information we request.

4.6         We provide access to and
use of the Website on the basis that we exclude all
representations, warranties and conditions to the maximum extent
permitted by law.

4.7         We reserve the right to:

4.7.1            Make changes to the
information or materials on this Website at any time

4.7.2            Temporarily or
permanently change, suspend or discontinue any aspect of the
Website, including the availability of any features, information,
database or content or restrict access to parts of or the entire
Website without notice or liability to you or any third party

4.7.3            Refuse to post
material on the Website or to remove material already posted on
the Website

4.8         You may not use the
Website for any of the following purposes:

4.8.1            Disseminating any
unlawful, harassing, libellous, abusive, threatening, fraudulent,
malicious, harmful, vulgar, obscene, or otherwise objectionable
material

4.8.2            Stalking, harassing,
threatening, blackmailing any person or violating or interfering
with the rights of any other person including their right to
privacy

4.8.3            Transmitting material
that encourages conduct that constitutes a criminal offence,
results in civil liability or otherwise

4.8.4            Breaching any
applicable local, national or international laws, regulations or
code of practice

4.8.5            Gaining unauthorised
access to other computer systems

4.8.6            Interfering with any
other person’s use or enjoyment of the Website

4.8.7            Breaching any laws
concerning the use of public telecommunications networks

4.8.8            Interfering with,
disrupting or damaging networks or websites connected to the
Website

4.8.9            Utilisation of 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 the Website or the contents of the Website

4.8.10         To transmit, or procure
the sending of, any unsolicited or unauthorised advertising or
promotional material or any other form of similar solicitation

4.8.11         To create and/or
publish your own database that features all or substantial parts
of the Website or the contents of the Website

4.8.12         Making, transmitting or
storing electronic copies of materials protected by copyright
without the prior permission of the owner

4.8.13         Selling or re-selling
or using for commercial purposes any of the content of or access
to the Website or using for commercial purposes any of the content
of or access to the Website

4.8.14         To represent to others
that there is any connection between the Website and your business
or your views and opinions or that we endorse you or anything
connected to you

4.9         In addition, you must not:

4.9.1            Knowingly introduce
viruses, Trojans, worms, logic bombs, keystroke loggers, spyware,
adware or other material which is malicious or technologically
harmful to the Website

4.9.2            Impersonate any other
person or fraudulently provide us with incorrect information

4.9.3            Attempt to gain
unauthorised access to the Website, the server on which the
Website is stored or any server, computer or database connected to
it

4.9.4            Attack the Website
via a denial-of-service attack or a distributed denial-of service
attack

4.9.5            Damage, disrupt or
interfere with any part of the Website, any equipment or network
on which the Website is stored or any software used for the
provision of the Website

4.9.6            Remove any copyright
notice or notice of any other intellectual property right from the
Website or any materials on the Website

4.10      A breach of clause 4.9 or
4.8 may be a criminal offence under the Computer Misuse Act 1990.
We may report any such breach to the relevant law enforcement
authorities and disclose your identity to them. In the event of
such a breach, your right to use the Website will cease
immediately.

5    Suspending or terminating your access

We reserve the right to terminate or
suspend your access to the Website immediately and without notice
to you if:

5.1         You breach these Terms
(repeatedly or otherwise)

5.2         You are impersonating any
other person or entity

5.3         When requested by us to do
so, you fail to provide us within a reasonable time with
sufficient information to enable us to determine the accuracy and
validity of any information supplied by you, or your identity

5.4         We suspect you have
engaged, or are about to engage, or have in any way been involved,
in fraudulent, defamatory or illegal activity on the Website

6    Linking to the Website

6.1         You must not create a link
to the Website from another website, document or any other source
without first obtaining our prior written consent.

6.2         Any agreed link must:

6.2.1            Be to the Website’s
homepage and not to any other page on the Website

6.2.2            Be established from a
website or document that is owned by you and does not contain
content that is offensive, controversial, defamatory, infringes
any intellectual property rights or other rights of any other
person or does not comply in any way with the law in the UK and
the law in any country from which they are hosted

6.2.3            Be provided in such a
way that is fair and legal and does not damage our reputation or
take advantage of it

6.2.4            Not suggest any form
of association, approval or endorsement on our part where none
exists

6.2.5            Not cause the Website
or content on the Website to be embedded in or ‘framed’ by any
other website

6.2.6            Not cause the content
of the Website to be displayed differently from the way it appears
on the Website

6.3         We have no obligation to
inform you if the address of the Website home page changes and it
is your responsibility to ensure that any link you provide to our
homepage is at all times accurate.

6.4         We reserve the right to
withdraw our consent without notice and without providing any
reasons for withdrawal. Upon receiving such notice you must
immediately remove the link and inform us once this has been done.

7    External links

To provide increased value and
convenience to our users, we may provide links to other websites
or resources for you to access at your sole discretion and risk.
You acknowledge and agree that, as you have chosen to enter the
linked website we are not responsible for the availability of such
external sites or resources, and do not review or endorse and are
not responsible or liable in any way, whether directly or
indirectly, for:

7.1         The privacy practices of
such websites

7.2         The content of such
websites, including (without limitation) any advertising, content,
products, goods or other materials or services on or available
from such websites or resources

7.3         The use which others make
of these websites

7.4         Any damage, loss or
offence caused or alleged to be caused to you, arising from or in
connection with the use of or reliance upon any such advertising,
content, products, goods, materials or services available on
and/or purchased by you from such external websites or resources

8    Disclaimer

8.1         The content on the Website
is provided for general information only. It is not intended to be
advice on which you should rely. It shall be your responsibility
to ensure that any products, services or information available
through the Website meet your specific requirements.

8.2         We attempt to ensure that
the information available on the Website at any time is accurate.
However, we do not guarantee the accuracy or completeness of
material on this Website. We use all reasonable endeavours to
correct errors and omissions as quickly as practicable after
becoming aware or being notified of them. We make no commitment to
ensure that such material is correct or up to date.

8.3         The Website is provided on
an ‘as is’ and ‘as available’ basis without any representation or
endorsement made and we make no warranties or guarantees, whether
express or implied, statutory or otherwise (unless otherwise
expressly stated in these Terms or required by law).

8.4         We make no representation
or warranty of any kind express or implied statutory or otherwise
regarding the availability of the Website or that it will be
timely or error-free, that defects will be corrected, or that the
Website or the server that makes it available are free of viruses
or bugs.

8.5         We will not be responsible
or liable to you for any loss of content or material uploaded or
transmitted through the Website and we accept no liability of any
kind for any loss or damage from action taken in reliance on
material or information contained on the Website.

8.6         You are responsible for
maintaining appropriate anti-virus software on and appropriately
configuring the technological devices, platform and computer
programs you use to access the Website that are in your control.
You must bear the risk associated with the use of the internet. In
particular, we will not be liable for any damage or loss caused by
a distributed denial-of-service attack, any viruses, Trojans,
worms, logic bombs, keystroke loggers, spyware, adware or other
material which is malicious or technologically harmful that may
infect your computer, peripheral computer equipment, computer
programs, data or other proprietary material as a result of your
use of the Website or you downloading any material posted or sold
on the Website or from any website linked to it.

9    Limitation of liability and indemnity

9.1         If you are a consumer,
nothing in these Terms affects your legal rights. You can obtain
advice about your legal rights from Citizens Advice if you need
to.

9.2         We cannot exclude or limit
our responsibility to you for:

9.2.1            Death or personal
injury resulting from our negligence

9.2.2            Fraud or fraudulent
misrepresentation

9.2.3            Action pursuant to
section 2(3) of the Consumer Protection Act 1987

9.2.4            Any liability, right
or remedy which we cannot exclude or limit pursuant to the
Consumer Rights Act 2015

9.2.5            Any other matter for
which it would be unlawful for us to exclude or attempt to exclude
our liability

9.3         We will not be liable, in
contract or tort (including, without limitation, negligence), or
in respect of pre-contract or other representations (other than
fraudulent or negligent misrepresentations) or otherwise for the
below mentioned losses where they have arisen from use of or
inability to use the Website for commercial purposes, or use of or
reliance on any material or content displayed on the Website or on
any linked websites for commercial purposes:

9.3.1            Any economic losses
(including without limitation loss of revenues, profits,
contracts, business or anticipated savings)

9.3.2            Any loss of goodwill
or reputation

9.3.3            Any special or
indirect losses

9.3.4            Any loss of data

9.3.5            Wasted management or
office time

9.3.6            Any other loss or
damage of any kind

9.4         If you are not a consumer
we exclude all liability, including any liability in negligence,
arising from your use or inability to access or use the Website
other than that referred to in clause 9.2.

9.5         If you are a consumer, we
are responsible for foreseeable loss or damage which you suffer as
a result of a breach by us of the Terms or as a result of our
failure to act with reasonable care and skill. Loss or damage is
foreseeable if either it is obvious that it will happen or if, at
the time the contract was made, both we and you knew it might
happen, for example, if you discussed it with us before using the
Website. We are not responsible for unforeseeable losses.

9.6         If you are not a consumer,
you agree to fully indemnify, defend and hold us, and our
officers, directors, employees and suppliers, harmless immediately
on demand, from and against all claims, including but not limited
to losses (including loss of profit, revenue, goodwill or
reputation), costs and expenses, including reasonable
administrative and legal costs, arising out of any breach of these
Terms by you, or any other liabilities arising out of your use of
this Website or any other person accessing the Website using your
personal information with your authority.

9.7         If you are a consumer you
agree to fully reimburse us, our officers, directors, employees
and suppliers for all losses (including loss of profit, revenue,
goodwill or reputation), costs and expenses, including reasonable
administrative and legal costs, arising out of any breach of these
Terms by you, or any other act or omission by you in using the
Website or by any other person accessing the Website using your
personal information with your authority that results in any legal
responsibility on our part to any third party.

10  Use of personal data

You authorise us to transmit your name,
address and other personal information supplied by you or your
employer (included updated information) to obtain information from
third parties about you so that we may authenticate your identity.

11  General

11.1      We reserve the right to
change the domain address of this Website and any services,
products, product prices, product specifications and availability
at any time.

11.2      Each of the sub-clauses of
these Terms should be considered separately. If any of these Terms
are found to be unenforceable, invalid or illegal, the rest of
these Terms will continue to have full effect.

11.3      These Terms are in English
only.

11.4      We will not lose our rights
under these Terms by reason of any delay by us in enforcing those
rights. We will not be bound by any agreement not to enforce our
rights under these Terms unless we have agreed not to do so in
writing.

11.5      Any delay by us in enforcing
our right, non-enforcement of our rights or agreement not to
enforce our rights in respect of one breach by you of these Terms
will not prevent us from fully enforcing our rights in respect of
any other breach by you of these Terms.

12  Governing law and jurisdiction

12.1      The Website is controlled
and operated in the United Kingdom.

12.2      If you are a business, these
Terms are governed by the laws of England and Wales and the courts
of England and Wales shall have exclusive jurisdiction over legal
proceedings in connection with your use of the Website, any breach
of these Terms and any question in connection with the
interpretation or application of these Terms.

12.3      If you are a consumer, these
Terms are governed by the laws of England and Wales and you can
bring legal proceedings in the courts of England and Wales. If you
live in Scotland you can bring legal proceedings in either the
courts of Scotland or England and Wales. If you live in Northern
Ireland you can bring legal proceedings in either the courts of
Northern Ireland or England and Wales. If you live in another
country in the EU, you can bring legal proceedings in either the
courts of your home country or England and Wales.