Terms and Conditions - Upstream

Terms & Conditions

IMPORTANT LEGAL NOTICE

ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.upstream-uk.com ("Website") and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Upstream Healthy Living Centre ("Upstream").

1. INTRODUCTION

1. 1.1 You may access most areas of this Website without registering your details with us.
2. 1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
3. 1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. LICENCE

1. 2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
1. (a) no documents or related graphics on this Website are modified in any way;
2. (b) no graphics on this Website are used separately from accompanying text;
3. (c) Upstream's copyright and trade mark notices and this permission notice appear in all copies; and
4. (d) any such use is for your own personal use only and no materials shall be used for any commercial purposes whatsoever.
2. 2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Upstream or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. You may also be liable to indemnify us against any losses we incur as a result of the use of this Website or any information extracted from it.
3. 2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Upstream's prior written permission. Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS

1. 3.1 While Upstream endeavours to ensure that this Website is normally available 24 hours a day, Upstream shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Upstream's control.

4. VISITOR MATERIAL AND CONDUCT

1. 4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. Upstream shall have no obligations with respect to such material. Upstream and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. This will not apply to any email you send us via the Website requesting advice which shall be treated on receipt by Upstream as confidential. However, you are reminded email is not necessarily a secure method of transmission, and you are responsible for ensuring any email is correctly addressed. Where your correspondence contains any particularly sensitive or confidential information, we recommend you contact us prior to transmitting such information in order to discuss the appropriate arrangements.
2. 4.2 You are prohibited from posting or transmitting to or from this Website any material:
1. (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
2. (b) for which you have not obtained all necessary licences and/or approvals; or
3. (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
4. (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3. 4.3 You may not misuse the Website (including, without limitation, by hacking).
4. 4.4 Upstream shall fully co-operate with any law enforcement authorities or court order requesting or directing Upstream to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.

5. LINKS TO AND FROM OTHER WEBSITES

1. 5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Upstream has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Upstream therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
2. 5.2 You are not permitted to create links to this website. Should you wish to do so, please contact Upstream to discuss. Upstream expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
3. 5.3 You shall fully indemnify Upstream for any loss or damage suffered by Upstream for breach of paragraph 5.2.

7. DISCLAIMER

1. 7.1 While Upstream endeavours to ensure that the information on this Website is correct, Upstream does not warrant the accuracy and completeness of the material on this Website. Upstream may make changes to the material on this Website, or to the services described in it, at any time without notice. The material on this Website may be out of date, and Upstream makes no commitment to update such material.
2. 7.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Upstream provides you with this Website on the basis that Upstream excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
3. 7.3 Where any information is provided on this Website or in any newsletter or similar correspondence we may send you at any time, such materials are provided for general information and reference purposes only and should not be relied upon. You should seek specific legal advice in relation to any query you may have, and we shall not be liable for any action you take or failure to act following a review of the information placed on the Website.

8. LIABILITY

1. 8.1 Upstream, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of Upstream's partners, employees or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
2. 8.2 Nothing in this legal notice shall exclude or limit Upstream's liability for:
1. (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
2. (b) fraud; or
3. (c) misrepresentation as to a fundamental matter; or
4. (d) any liability which cannot be excluded or limited under applicable law.
3. 8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9. GOVERNING LAW AND JURISDICTION

1. 9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts. This Website is based in England and is intended for users in the UK. We make no representations that the materials and Website are suitable for users outside England and Wales, and if you choose to access the Website from outside of England or Wales you are solely responsible for ensuring compliance with all relevant local laws, and you hereby indemnify us from any liability arising in connection with your use and access to the Website.
   
   Issue Date: 01/11/07

Privacy Policy

Upstream is committed to preserving the privacy of all visitors to upstream-uk.com. Please read the following privacy policy to understand how we use and protect the information that you provide to us.

By registering on this site, you consent to the collection, use and transfer of your information under the terms of this policy.

1. INFORMATION THAT WE COLLECT FROM YOU

1. 1.1 When you visit, register on or submit enquiries to upstream-uk.com you may be asked to provide certain information about yourself including your name and contact details. We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us.

2. USE OF YOUR INFORMATION

1. 2.1 Your information will enable us to provide you with access to all parts of our site and to supply the services you have requested. It will also enable us to bill you and to contact you where necessary concerning your query. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.
2. 2.2 In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the site or our services. Further, where you have consented, we might also use your information to let you know about other products and services which we offer which may be of interest to you and we may contact you by post, telephone or fax, as well as by e-mail. If you change your mind about being contacted in the future, please let us know.

3. DISCLOSURE OF YOUR INFORMATION

1. 3.1 The information you provide to us will be held on our computers in the UK and may be accessed by or given to our staff and third parties who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders and provide support services on our behalf. We may also pass aggregate information on the usage of our site to third parties but this will not include information that can be used to identify you.
2. 3.2 Finally, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.
3. 3.3 Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.
4. 3.4 Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

4. SECURITY AND DATA RETENTSION

1. 4.1 We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.

5. ACCESSING AND UPDATING

1. 5.1 You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.

6. CHANGES TO OUR PRIVACY POLICY

1. 6.1 Any changes to our privacy policy in the future will be posted to the site and, where appropriate, through e-mail notification.

7. CONTACT

1. 7.1 All comments, queries and requests relating to our use of your information are welcomed and should be addressed to Upstream, PO Box 63, Crediton, Devon EX17 4EA. Telephone 01363 778029.