Terms and Conditions of Website Use

These are the terms and conditions provided by Weinstein Williams Associates (“Weinstein Williams”) subject to which you may use the website www.esnews.co.uk (the “Website”). These terms and conditions co-exist with Weinstein Williams’ Privacy Policy which explains how Weinstein Williams uses any personal data (as defined in the Data Protection Act 1998 ("the Act") you forward to it and what both Weinstein Williams and your obligations are in relation to such personal data. This is a legal document that sets out your rights and obligations as well as those of Weinstein Williams.

By accessing, using and downloading the Website you are indicating your acceptance to be bound by these terms and conditions and you re-affirm that acceptance every time you access the Website.

Purchase online

The Website is operated by Weinstein Williams. All purchases made on the Website are governed by these terms and conditions at any time although the terms and conditions governing any given purchase will be those in effect at the date of your order. If you order advertising or other services after Weinstein Williams has published any changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase.

Weinstein Williams will confirm acceptance of your order. This will occur either by message on the Website immediately after you have confirmed your order, or by Weinstein Williams sending an e-mail to the e-mail address you have provided or by telephone or written confirmation to the telephone number, fax or address provided by the client or customer. Weinstein Williams will supply the services to you in accordance with your order, Weinstein Williams’ general terms and conditions and these terms and conditions.

You must be 18 years old or over in order to participate in Weinstein Williams’ services.

Browse at your own risk

Please note that you access and use the Website at your own risk. Weinstein Williams is not responsible for any type of loss or damage that you may sustain as a result of accessing and using the Website. Weinstein Williams assumes no responsibility for the contents of any other websites to which the Website has links and if you access any such linked websites you do so at your own risk. Weinstein Williams' inclusion of links to such websites does not imply any endorsement by Weinstein Williams of the materials on such websites. Weinstein Williams does not permit any third party to operate a link to the Website without obtaining Weinstein Williams' prior written consent nor to frame the Website within any third party website.

The Website is accessed via the world-wide web ("Web") which is independent of Weinstein Williams. Your use of the Web is at your own risk and subject to all applicable national and international laws and regulations. Weinstein Williams has no responsibility for any information or services obtained by you on the Web. Weinstein Williams reserves the right to modify, supplement, move or delete portions of or add to the Website at any time with or without notice.

You must take the time to read and understand these terms and conditions before using the Website. By entering the Website you accept that you are entering into a contract with Weinstein Williams subject to these terms and conditions and each time you access the Website. You should be aware that these terms and conditions may change from time to time.

You must ensure that the email address that Weinstein Williams hold for you is kept up-to-date and that you have full access to it - Weinstein Williams may send you important messages to that address. If you change email address, then you should inform Weinstein Williams of the new address.

Please note that Weinstein Williams is not an internet service provider. In order to avail of Weinstein Williams’ services, you must have internet access and all the software (and skills) required for email and internet usage.

Registration

You undertake to register for Weinstein Williams’ services using accurate and current information about yourself - including without limitation your correct name, business name, business details, home address, business address and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.

Weinstein Williams' Privacy Policy forms part of these terms and conditions, and by agreeing to these terms and conditions, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the Web, any posting on the Website (including any which contain personal information) is, of course, accessible to internet users around the world.

Weinstein Williams or its affiliates may offer new or additional services through the Website from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of these terms and conditions and enable Weinstein Williams to terminate any agreement we have with you.

Payment methods

Payment may be made by debit, credit or charge cards or by cheque. The debit, credit and charge cards accepted by Weinstein Williams are those listed on the Website on the date on which your order is placed.

Authority for payment will be requested from your card issuer at the time of your order. Weinstein Williams reserves the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.

You agree to compensate Weinstein Williams in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. Weinstein Williams may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.

Delivery

Delivery of any artwork and media will be made to the address provided by you. You should inform us if you move address so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.

We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. In any event, subject to anything to the contrary within these terms and conditions below, our liability will be limited to the price set out in the relevant order form.

Subject to anything in these terms and conditions to the contrary, Weinstein Williams will not accept any further claims for loss other than those permitted by law, whether direct, indirect, consequential or otherwise, howsoever arising.

Operation

Weinstein Williams reserves the right to withdraw or modify aspects of the Website, or the entirety of it, where Weinstein Williams has legal or commercial reasons to do so. There may also be times when the Website becomes inaccessible as a result of technical difficulties experienced by Weinstein Williams or on the Web. Weinstein Williams will, however, use reasonable skill to overcome these difficulties where they are within Weinstein Williams’s control. Please note that we have any other liability to you) for withdrawal, modification or unavailability of the Website, except as provided below. For security or other reasons, Weinstein Williams may require you to change passwords or other information which facilitates access to the Website.

Misuse of the Website

Weinstein Williams reserves the right (a) to suspend or terminate any access to the Website, or parts of it, and/or (b) to remove, or require you to remove, material posted on the Website, if the relevant material appears to Weinstein Williams, or to a complainant, to be in breach of any provision of these terms and conditions. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Website without Weinstein Williams’ prior written consent. You are responsible for everything which is done on or through the Website while your membership or account is logged on to the Website, or through your email address(es). In addition, Weinstein Williams reserves the right to suspend or terminate any access to the Website, or parts of it, if the relevant user is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another user or individual, whether or not through the Website. For completeness, where Weinstein Williams reserves a right in an agreement with you or these terms and conditions, it does not mean Weinstein Williams will be obliged to exercise it. Also, given the open-access nature of the internet, Weinstein Williams cannot prevent users accessing the Website, in breach of their obligations under these terms and conditions.

You must not place material on, or otherwise use, the Website for any business or commercial purpose other than for the purpose reasonably anticipated by Weinstein Williams or use your access to the Website, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

Prohibitions

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Website, nor any activity or communication you make in connection with any services provided by Weinstein Williams, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, contractual, tortious or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, defamatory, unreliable or misleading.

Contacting Weinstein Williams

If you see anything on the Website which appears to infringe these terms and conditions, then please contact Weinstein Williams by emailing the contact page. Weinstein Williams do not generally monitor material contributed by users before it is placed on the Website, and so Weinstein Williams is reliant upon users to point out any which infringes these terms and conditions.

Withdrawal of material

You acknowledge that Weinstein Williams is entitled to withdraw any material on the Website which appears, whether based on information received from users or others or Weinstein Williams’ own determination, to be capable of breaching any part of these terms and conditions, or to bring the Website into disrepute.

Disclaimer and Release

Weinstein Williams has no control over or responsibility for the accuracy of any material available on the Website, whether provided by Weinstein Williams members, guests or others.

You should exercise no lesser degree of caution in appraising what you see on the Website than you do offline.

Even though users are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or illegal. Further, you should note that people may not necessarily be who they say they are.

Your use of the Website and Weinstein Williams’ services is entirely at your own risk.

Accordingly, to the extent that the law permits, you release Weinstein Williams, its owners, associates, contractors and employees from all liability (including in relation to disputes with other users) arising out of your use of a third party site or arising out of or in connection with the Website and the material included here by users and other third parties.

By submitting any material, information or content to the Website, you:

are representing that you are fully entitled to do so;

grant Weinstein Williams a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere including without limitation any images; and authorise Weinstein Williams to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

You warrant that you have full right, title and/or licence so as to grant the above permissions and licences and to provide the material to us.

Loss and Liability

Whilst Weinstein Williams has taken every care in the preparation of the Website and the content, Weinstein Williams cannot guarantee that the Website or content will be completely up to date and free of mistakes. To the extent permitted by law Weinstein Williams makes no warranties, representations and/or undertakings (express or implied) in respect of the Website and the content (including, without limitation, the accuracy, reliability, suitability, quality, availability or completeness thereof). Weinstein Williams excludes all liability (other than for death or personal injury caused by its negligence) in relation to the Website and the content, whether such liability arises in contract, tort, negligence, breach of statutory duty or otherwise (including, without limitation, liability in respect of any losses, damages, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature, such as loss of profits, data, business or goodwill).

Indemnity

You agree to indemnify Weinstein Williams against all liabilities, claims and expenses that may arise from any breach by you of your obligations, any agreement between you and Weinstein Williams or these terms and conditions.

Intellectual Property

All copyright and other rights (including, without limitation, database rights, trademarks (whether registered or unregistered) and all other intellectual property rights) in and to the Website and its contents (which for the avoidance of doubt shall include all information contained in or available from the Website) are owned by or licensed to Weinstein Williams or are otherwise used by Weinstein Williams as permitted under applicable laws. Provided you pay any requested membership or licence fees or other payment, you may use, view, download, copy or print textual or graphic content of the Website provided that it is solely used by you for the purpose as set out on the Website or reasonably anticipated by Weinstein Williams and provided that you do not change or delete any copyright, trademark or other proprietary notices set out on the Website. Under no circumstances may you use the content in a manner that may give a false or misleading impression of Weinstein Williams or yourself. Any licence does not include any resale or commercial use of this Website.

You agree not to copy, reproduce, store in any medium (including, without limitation, in any other websites), distribute, transmit, modify, alter, disseminate, create derivative works from all or any part of any of the Website or content or edit any part of any of the Website or content other than as permitted above without obtaining Weinstein Williams' prior written consent. You may not use any metatags or any other ‘hidden text’. You may not use any trade mark of Weinstein Williams without its express written consent.

Specific Prohibitions

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website nor may you attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any of the Website.

You agree to use the Website for lawful purposes only and in a manner that does not infringe the rights of, or restrict the use of the Website by, any third party.

Computer Viruses and Errors

Whilst Weinstein Williams will use reasonable endeavours to ensure that the Website does not contain or promulgate any errors, viruses, bugs, other malicious code or harmful components and will be uninterrupted Weinstein Williams makes no warranty or representation that this will be the case. However it is recommended that you should virus check all materials downloaded from the Website and regularly check for the presence of errors, viruses, bugs, other malicious code and harmful components.

Weinstein Williams excludes to the fullest extent permitted by applicable laws all liability (other than for death or personal injury caused by its negligence) in connection with any damage or loss caused by errors, viruses, bugs, other malicious code or harmful components originating or contracted from the Website and any interruptions in the running of the Website.

Termination

Weinstein Williams shall have the right to immediately terminate your use of the Website if Weinstein Williams determines in its sole discretion that you have breached these terms and conditions or the general terms and conditions of Weinstein Williams or have otherwise been engaged in conduct which it determines in its sole discretion to be unacceptable.

Feedback

Should you wish to make any comments to Weinstein Williams about the Website or if you have any questions relating to the same please contact Weinstein Williams by email on or writing to Weinstein Williams at the above addresses or telephoning Weinstein Williams on the above telephone number.

Severability

In the event that any of these terms and conditions are held to be invalid or unenforceable by judicial decree or decision, the remainder of these terms and conditions shall remain valid and enforceable.

Law

These terms and conditions and any agreement between you and Weinstein Williams shall be governed by and construed in accordance with the laws of England the courts of which shall have exclusive jurisdiction.