legal

 

WEBSITE TERMS OF USE

Please read the following Terms and Conditions, they form a contract which is legally binding on you. Your attention is drawn in particular to our Limitation of Liability.

 

 

USING THE WEBSITE
These Terms of Use form the agreement between you and WINKS London Ltd, company number 06388272, whose Registered Office address is at Palladium House, 1-4 Argyll Street, London, W1F 7LD (“WINKS London”) with respect to your use of the WINKS London website at www.winkslondon.com or any replacement or supplementary domain name used by WINKS London (“the website”). If you do not agree to these Terms of Use, you may not use the website and/or associated services. By entering the website and browsing its pages you automatically declare to have read these Terms of Use and to agree to them in full. Further, additional terms as set out elsewhere on the website may apply. For example, if you order a massage, the WINKS London Terms of Enjoyment will apply and you additionally agree to be bound by those Terms. The website and the services of WINKS London may only be used by persons who are aged 18 or over. You represent and warrant that you are at least 18 years of age. You agree not to post or transfer to the website any material which might damage software or hinder the performance of the website or any other parties’ computer system. You agree to indemnify us in respect of liabilities, losses, expenses or other costs whatsoever incurred as a result of a breach of your obligations of this condition including, but not limited to, any claims made against us by any third party. The Data Protection Act 1998 (the “Act”) is designed to protect you. Accordingly it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about living individuals submitted to the website directly will be subject to the Act. You are responsible for its accuracy and relevance and you must have the authority to disclose it and for us to utilise it for the purposes of the website. WINKS London will process your personal data in accordance with our Privacy Policy.

 

Whilst we try to make sure that the website is available 24 hours a day 7 days a week, on occasions it may be unavailable due to system problems or to allow maintenance or other development activities to take place. We reserve the right to alter the functionalities and features of the website and to permit or restrict access to certain areas of the website to you for any reason. Please be aware that to the extent permitted by law, and except as expressly provided for elsewhere in these terms and conditions, we do not accept liability in respect of the website.
 
DISCLAIMER
Material on the website may contain inaccuracies or typographical errors. WINKS London Ltd shall not be liable or responsible for any loss or damage caused by or arising from any user’s reliance on information obtained from or through the website. It is your responsibility to evaluate the information and other content available through the website. The website and the information and materials contained in the website (including the prices advertised) are subject to change at any time, and from time to time, without prior or subsequent notice.

 

CONTENT ON THE WEBSITE
All website design, text, graphics, audio and video materials and the selection and arrangement thereof, are the sole property and copyright of WINKS London. The materials contained in the website are displayed for informational and promotional purposes only. The website is solely for the private, personal, non-commercial use by its users. You may not download or copy any materials on the website except for your personal non-commercial use. No right, title or interest in any material or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as explicitly set forth above), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, any of the materials on the website, or any related software (including the source code of the website). Any other use of materials on the website without the prior express written permission of WINKS London is strictly prohibited. In particular: You may not use any method of systematic retrieval of content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual process) without written permission from WINKS London. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way and you must not use any photographs, video or audio sequences or any graphics separately from any accompanying text. WINKS London’s status (and that of any identified contributors) as the authors of the material on the website must always be acknowledged. If you print, copy or download any part of the website in breach of these terms of use, your right to use the website will cease immediately and you must, at our option, destroy or return any copies of the materials you have made.

 

SERVICES
The services described on the website are representative of the services offered by WINKS London. Not all services that are described in this website are, or will be, available at all times and at all locations. The services described in this website may be changed without prior notice. WINKS London services relate to body massage and related massage therapies. WINKS London does not promote nor condone prostitution, sexual services of any kind, illegal or immoral activities. Anyone applying for WINKS London services must ensure such services are legal in his/her own country. It is understood that WINKS London Ltd is not the employer of the masseuses introduced through our website. The masseuses are individual franchisees of the WINKS London brand. WINKS London Ltd act solely as an agent and shall not assume nor accept any liability for the masseuses.

 

SUBMISSIONS
You agree that any and all comments, messages, postings, photos, audio and/or video material, data, suggestions, concepts, and other items or materials disclosed, submitted or offered to WINKS London through or in connection with the website, including, but not limited to, survey responses, etc., shall be treated as non-confidential. Such disclosure, submission or offer of any submission shall constitute a perpetual, royalty free, fully sub-licensable, worldwide licence to WINKS London of all copyright and other rights in any such submission to enable WINKS London to copy, publish, display, distribute and otherwise use the same in whole or in part, for any purpose and in any media now known or later invented, including, but not limited to, advertising, promotional, product development or other commercial purposes. You waive any so-called “moral right” that you may have in your submissions to be identified as the author of the submission, to object to derogatory treatment of the submission or otherwise. WINKS London remain, and shall remain, under no obligation (i) publish, distribute or otherwise use any submission, (ii) to maintain any submission in confidence; (iii) to pay to anyone any compensation for or in connection with the use of any submission; or (iv) to respond to any submission. You represent and warrant that you control all of the rights in and to the content of your submissions and that no submission by you will infringe any right of any third party, including, but not limited to, copyright, trade mark, patent, trade secret, privacy or other personal or proprietary right. WINKS London do not and cannot agree to consider or review every submission, and is not liable or responsible for the content of any material posted on the website by users. You agree not to upload, post, distribute or otherwise publish on this the website any material that (i) is libellous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trade marks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any submission you make.

 

THIRD PARTY CONTENT AND LINKS
The content displayed in any third party advertisements on the website is provided by third parties. WINKS London is not the author of that content and is not responsible for the accuracy, propriety, lawfulness or truthfulness of the same. WINKS London shall not be liable to you in connection with any reliance on such third party content. The website may also contain links to other sites. WINKS London shall not be held responsible or liable for the availability of, or for any content material contained in, or obtained through, any such sites. Any link to another website, and reference to third-party information, products or services linked to this website, is not, and should not be interpreted nor construed as, an express or implied endorsement by WINKS London. You are advised to read such third party websites’ terms and conditions and privacy policies before using them. Any questions or comments relating to such other sites should be addressed directly to the operator of those sites.

 

NO WARRANTIES
The website and its content are provided on an “as is” and “as available” basis. WINKS London make no claims or warranties of any kind, explicit or implied, including, but not limited to, warranties of title or freedom from malicious programs (including viruses, worms or Trojan horses) or implied warranties of satisfactory quality or suitability for a particular purpose, with respect to this site or its contents and explicitly disclaims any representations and/or warranties. WINKS London do not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. You agree, by using this site, that your use of this site is at your sole risk.

 

LIMITATION OF LIABILITY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
This clause sets out our entire liability (including any liability for the acts or omissions of its employees, agents, consultants, franchisees and subcontractors) to you in respect of any breach of these Terms of Use or any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms of Use or our trading relationship generally. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms of Use. Nothing in these Terms of Use limits or excludes our liability for death or personal injury resulting from negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation. Subject to the above we shall not be liable for: loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of contract, loss of use, loss of corruption of data or information (including but not limited to any contributions submitted or posted on the website) or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. Events beyond our reasonable control: We shall not be in breach of these Terms of Use nor shall we be liable for any failure or delay in performance of any obligations under these Terms of Use arising from or attributable to acts, events, omissions or accidents beyond our reasonable control. Governing Law and Jurisdiction: The governing law of these Terms of Use is English law and you hereby irrevocably submit to the non- exclusive jurisdiction of the Courts of England. This does not affect your statutory rights as a consumer to bring claims in your local jurisdiction. Variation: We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the website.

 

Website design, navigation and all content (text, audio, video): © copyright WINKS London Ltd [2007]-2014