Terms & Conditions
THESE TERMS AND CONDITIONS ("TERMS") GOVERN YOUR USE OF THIS WEB SITE ("SITE") PROVIDED BY WHOOSH ONLINE LIMITED ("WE", "US" "OUR"). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE MEANS YOU AGREE TO ABIDE BY THE TERMS BELOW.
1. Use of this Site
Whoosh Online Ltd is a company registered in Scotland and controls this Site. For more information on Whoosh Online Ltd please click here.
2. Copyright and Trade marks
2.1 All text, graphics, images, software and any other materials on this Site (“Content”) and the arrangement of this Content are copyright Whoosh Online Ltd. The trade marks on this Site are trade marks or registered trade marks of Whoosh Online Ltd. The names of other companies and products mentioned on this Site may be the trade marks of their respective owners.
3. Your Rights and Obligations
3.1 Whoosh Online Ltd grants you the right to view the Content and download and/or print any Content that we have expressly permitted may be printed or downloaded on your personal computer for your personal, non-commercial use. You agree you will not:
3.1.1 alter or remove any copyright, trade mark or other proprietary notice of Whoosh Online Ltd or of any other company appearing on this Site; or
3.1.2 modify or edit the Content or publish or sell the Content including but not limited to making the Content available on any other website; or
3.1.3 to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Site; or
3.1.4 create any links from any other website to this Site without Whoosh Online Ltd’s express prior written permission; or
3.1.5 use any material or information on the Site for any commercial purpose.
4. Accuracy of Information
4.1 Whoosh Online Ltd is providing this Site and its contents on an “as is” basis. We do not represent or make any warranty in respect of the accuracy, reliability, completeness, currency or continuous supply of any of the Content contained on or distributed through, or linked, downloaded or accessed from this Site ("the Service") or the results obtained from using the Service.
4.2 Whoosh Online Ltd does not warrant that the Site will be free from errors or that the Site and the related server are free from computer viruses or other harmful applications.
5. Third Party Sites
Whoosh Online Ltd may link this Site to other websites which are not under the control of, or maintained by, Whoosh Online Ltd. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, Whoosh Online Ltd shall not be responsible for the content of such websites. Whoosh Online Ltd does not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to this Site.
6. Privacy and Security
6.1 Please see our privacy and security policy here.
7. Disclaimer of Warranties
7.1 Whoosh Online Ltd does not represent or warrant the quality or reliability of any goods, services, information about any goods or services, or other materials displayed, purchased or obtained by you as a result of you responding to any advertisement or any other Content in or in connection with the Service and/or this Site.
7.2 Any reliance you place on any Content will be at your own risk and it is solely your responsibility to ensure that the Content and goods or services purchased as a result of this Site meet your requirements.
7.3 Whoosh Online Ltd reserves the right at its sole discretion to make any correction, improvements to or to withdraw or correct any error or omission in any portion of the Content and/or Service and/or Site and any products or services referred to therein without notice.
7.4 Whoosh Online Ltd will not be responsible or liable for the content of any material (including but not limited to the Content posted to this Site) by us or by third parties which is defamatory, obscene, inaccurate, misleading, unlawful, pornographic or which in any way infringes a third parties rights, including but not limited to intellectual property rights.
8. Limitation of Liability
8.1 The Service and the Materials are provided by Whoosh Online Ltd on an "as is” basis and we expressly disclaim any and all warranties, express or implied, to the extent permitted by applicable law, including without limitation warranties of satisfactory quality, merchantability and fitness for a particular purpose with respect to the Service or any Content or Services.
8.2 To the full extent permitted by applicable laws, and except in respect of death or personal injury or fraud arising from Whoosh Online Ltd's negligence, Whoosh Online Ltd hereby excludes liability for any claims, loss, demands or damages of any kind with respect to the Service and Content including, without limitation direct, indirect, incidental or consequential loss or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise arising out of your use of the Site and whether or not the possibility of such loss has been notified to Whoosh Online Ltd.
8.3 The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise.
8.4 If you enter our Site, you agree that this clause 8 relating to limitation of liability is reasonable and it reflects the nature of the Site. In particular, the nature of our Site is for information purposes only and, as a result, our Site acts to provide basic information only.
8.5 Whoosh Online Ltd makes no representations or warranties to review the Content or the Service referred to, and accordingly accepts no liability or responsibility whatsoever for the accuracy, copyright compliance, legality or decency of any Content contained on the Site or on websites linked to this Site.
8.6 Whoosh Online Ltd reserves its right to refuse to post or transmit or to remove or alter any Content (in whole or in part), the transmission or the posting of which would in Whoosh Online Ltd sole discretion violate any right of any person or constitute an offence or a breach of any policy, notice or other requirement of Whoosh Online Ltd.
8.7 Whoosh Online Ltd has no obligation whatsoever to monitor any Content or to edit, delete or refuse to post or transmit any Content.
9. Use by persons under 18
This Site is designed and intended for use only by adults. Minors under the age of 18 may only use this Site with the prior consent of their parent or legal guardian, and then only under their direct supervision and responsibility.
10. Termination
Whoosh Online Ltd may terminate your access to all or any part of this Site and any related service(s) immediately if you commit a breach of any of these Terms or otherwise upon reasonable notice.
11. Modification to Terms
Whoosh Online Ltd may change these Terms or its policies relating to this Site at any time and shall notify you by posting an updated version of these Terms on this Site. You are responsible for regularly reviewing these Terms. Continued use of this Site after any such changes shall constitute your consent to such changes.
12. General
12.1 These Terms between you and Whoosh Online Ltd will be governed by English law. You agree that any dispute or legal proceeding in relation to this Site shall be brought exclusively in the courts of England.
12.2 If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be contrary to law, all other provisions shall remain in full force and effect.
12.3 These Terms comprise the entire agreement between you and Whoosh Online Ltd.
12.4 A person who is not a party to this agreement has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this agreement.