Terms and conditions of use
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), Gowaver, the owner and operator of this Website.
Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Gowaver and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Gowaver and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
- All Content included on the Website, unless uploaded by Users, is the property of Gowaver, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- print one copy of the Content
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of
- You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
- You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Gowaver for all claims resulting from Content you supply.
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, discriminatory, threatening or otherwise objectionable or in breach of any applicable law, regulation, or governmental order, including any communications to other users of the Website;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
- In the event that we consider a user to be in breach of the above clause, Gowaver reserves the right to suspend or terminate a user’s account. In the event of any termination for prohibited use, no refunds will be provided.
Registration and account profile
- You must ensure that the details provided by you on registration of an account, or at any time, are correct and complete.
- You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
- We may suspend or cancel your account with immediate effect for any reasonable purposes or if you breach these terms and conditions.
- You may cancel your registration or account at any time by informing us in writing to the email address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your account does not affect any statutory rights.
Password and security
- When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone. You are not permitted to let others use your account.
- If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Gowaver or that of our affiliates.
- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
- Any online facilities, tools, services or information that Gowaver makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Gowaver is under no obligation to update information on the Website.
- Whilst Gowaver uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- Gowaver accepts no liability for any disruption or non-availability of the Website.
- Gowaver reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Payments, refunds and termination
- Accounts are charged on an annual subscription basis. The fee for an annual subscription (the “Annual Subscription Fee”) will clearly be stated on the Website at the time you subscribe. Annual Subscription Fees are subject to change at any time and Gowaver shall provide you with not less than 30 days advanced notice of any such change.
- When you set up an account you will be directed to pay the Annual Subscription Fee upfront. As part of signing up, you authorize Gowaver to automatically deduct the same Annual Subscription Fee each year on an automatic renewal basis, until such time as you terminate your account. The Annual Subscription Fee will be deducted using the same payment method as used upon registration and all payment details are provided directly to our third party payment provider. Gowaver does not store any card or other financial information of users.
- Annual Subscription Fees are non refundable if you terminate an account during a subscription year.
- You may terminate an account at any time by contacting Gowaver in writing at the email address at the bottom of these terms and conditions.
Limitation of liability
- Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- To the maximum extent permitted by law, Gowaver accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
- Neither party is responsible for any failure to perform its obligations under these terms and conditions, if it is prevented or delayed in performing these obligations by an event of force majeure. Force majeure shall mean an event that is beyond a party’s reasonable control, including but not limited to acts of god, pandemics, strikes or terrorist attacks.
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- The Contracts (Rights of Third Parties) Act 1999shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement shall be governed by and interpreted according to the law of England and Walesand all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh
- Gowaver is a company incorporated in England and Wales with registered number 12187927 whose registered address is 1 George Smart Close, Tunbridge Wells, TN25FN and it operates the Website gowaver.com. You can contact Gowaver by email on [email protected].