1. WHAT’S IN THESE TERMS?
- These terms tell you the rules for using our website www.dorwest.com and any sub domains (such as trade.dorwest.com) (“our site”). These terms were last updated in September 2022.
2. WHO WE ARE AND HOW TO CONTACT US
- 2.1. www.dorwest.com is a site operated by Dorwest Herbs Limited (“We”). We are a limited company registered in England and Wales under company number 01928959. Our registered office is at Parkway Farm Business Park, Middle Farm Way, Poundbury, Dorchester DT1 3AR. Our VAT number is 634634929.
- 2.2. To contact us, please email firstname.lastname@example.org or call us on 01308 897272.
3. BY USING OUR SITE YOU ACCEPT THESE TERMS
- 3.2. If you do not agree to these terms, you must not use our site.
4. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
- 4.2. If you purchase goods or services from our site, our Terms and Conditions of Sale will apply.
5. WE MAY MAKE CHANGES TO THESE TERMS
- We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
6. WE MAY MAKE CHANGES TO OUR SITE
- We may update and change our site from time to time. We will try to give you reasonable notice of any major changes.
7. WE MAY SUSPEND OR WITHDRAW OUR SITE
- 7.1. Our site is made available free of charge.
- 7.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
8. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
- We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this contract.
9. OUR SITE IS ONLY FOR USERS IN THE UK
- Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
10. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
- 10.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
11. HOW YOU MAY USE MATERIAL ON OUR SITE
- 11.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 11.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
- 11.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 11.4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
- 11.5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
12. PROHIBITED USES
- You must not use our site:
- (a) in any way that breaches any applicable local, national or international law or regulation;
- (b) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- (c) for the purpose of harming or attempting to harm minors in any way;
- (d) to bully, insult, intimidate or humiliate any person;
- (e) to send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards in clause 13 below;
- (f) to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of solicitation (or spam);
- (g) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs, or similar computer code designed to adversely affect the operation of any computer software or hardware; or
- (h) to upload terrorist content.
13. CONTENT STANDARDS
- 13.1. These content standards (“Content Standards”) apply to any and all material which you contribute to our site (“Contribution”), and to any interactive services associated with it.
- 13.2. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
- 13.3. We will determine, in our discretion, whether a Contribution breaches these Content Standards.
- 13.4. A contribution must:
- (a) be accurate (where it states facts);
- (b) be genuinely held (where it states opinions); and
- (c) comply with the law applicable in England and Wales, and in any country in which it is posted.
- 13.5. A contribution must not:
- (a) be defamatory of any person;
- (b) be obscene, offensive, hateful or inflammatory;
- (c) bully, insult, intimidate or humiliate;
- (d) promote sexually explicit material;
- (e) include child sexual abuse material;
- (f) promote violence;
- (g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- (h) infringe any copyright, database rights or trademark of any other person;
- (i) be likely to deceive any person;
- (j) breach any legal duty owed to a third party, such as a contractual duty or duty of confidence;
- (k) promote any illegal content or activity;
- (l) be in contempt of court;
- (m) be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- (n) be likely to harass, upset, embarrass, alarm or annoy any other person;
- (o) impersonate any person or mispresent your identity or affiliation with any person;
- (p) give the impression that the Contribution emanates from us if this is not the case;
- (q) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (but not limited to) copyright infringement, or computer misuse; or
- (r) contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is (or is to be) published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
14. BREACH OF THESE TERMS
- 14.1. When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate. Failure to comply with these terms constitutes a material breach of the terms on which you are permitted to use our site, and may result in us taking all or any of the following actions:
- (a) immediate, temporary or permanent withdrawal of your right to use our site;
- (b) immediate, temporary or permanent removal of any Contribution from our site;
- (c) issue of a warning to you;
- (d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- (e) further legal action against you; and
- (f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- 14.2. We exclude our liability for all action we may take in response to breaches of these terms.
15. NO TEXT OR DATA MINING, OR WEB SCRAPING
- 15.1. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
- – Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
- – Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
- 15.2. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
- 15.3. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
16. DO NOT RELY ON INFORMATION ON THIS SITE
- 16.1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
- 16.2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
17. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
- 17.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- 17.2. We have no control over the contents of those sites or resources.
18. USER-GENERATED CONTENT IS NOT APPROVED BY US
- This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
19. HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
- If you wish to complain about content uploaded by other users, please contact us using the contact details given at clause 2 above, or complete one of our website enquiry submission forms on our website.
20. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 20.1. Whether you are a consumer or a business user:
- (a) we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation; and
- (b) different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms & Conditions of Sale .
- 20.2. If you are a business user:
- (a) we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
- (b) we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- (i) use of, or inability to use, our site; or
- (ii) use of or reliance on any content displayed on our site; and
- (c) in particular, we will not be liable for:
- (i) loss of profits, sales, business, or revenue;
- (ii) business interruption;
- (iii) loss of anticipated savings;
- (iv) loss of business opportunity, goodwill or reputation; or
- (v) any indirect or consequential loss or damage.
- 20.3. If you are a consumer user please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21. HOW WE MAY USE YOUR PERSONAL INFORMATION
22. UPLOADING CONTENT TO OUR SITE
- 22.1. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in clause 13.
- 22.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- 22.3. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in clause 23 (“Rights you are giving us to use material you upload”).
- 22.4. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- 22.5. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in clause 13.
- 22.6. You are solely responsible for securing and backing up your content.
- 22.7. We do not store terrorist content.
23. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
- When you upload or post content to our site, you grant us the following rights to use that content:
- (a) a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service;
- (b) a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the site to expire when the user deletes the content from the site.
24. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
- 24.1. We do not guarantee that our site will be secure or free from bugs or viruses.
- 24.2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
- 24.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
25. RULES ABOUT LINKING TO OUR SITE
- 25.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- 25.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- 25.3. You must not establish a link to our site in any website that is not owned by you.
- 25.4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
- 25.5. We reserve the right to withdraw linking permission without notice.
- 25.6. The website in which you are linking must comply in all respects with the content standards set out in clause 13.
- 25.7. If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com.
26. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
- If any provision or part provision of these terms is or becomes invalid, illegal or unenforceable it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.
28. OUR TRADE MARKS ARE REGISTERED
- 28.1. The trade marks listed below are UK registered trade marks of Dorwest Herbs Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under clause 11.
- (a) “DORWEST” (UK905025861);
- (b) “DORWEST SINCE 1948” – (UK914526231);
- (c) “DORWEST HERBS” (UK2322701);
- (d) “NEUTRADOG” (UK3233244);
- (e) “KEEPERS MIX” (UK2349400);
- (f) “EASY-GREEN” (UK2349401);
- (g) “OMEGA STAR” (UK3145205);
- (h) “GREEN RELEAF” (UK3269076);
- (i) “MOVEWELLIA” (UK3788504);“JOINTWELL” (UK3788581).