© 2023 Widgety Limited
Widgety is designed to save you time, but if we’re honest, nobody has the time to thoroughly read the Terms & Conditions – even though we know we should. So, here’s our synopsis version – so you know what you’re signing up to.
When you use our Services, you provide us with things like your files, Content, videos, and so on (“Your Content”). Your Content is yours.
Our Services let you share Your Content with others, so please think carefully about what you share.
We may review your conduct and Content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the Content people post and share via the Services.
Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current.
You’re free to stop using Widgety at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, or posting on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
Maintaining your privacy
We recognise the importance of privacy, so if you are using any of our Services under a pseudonym we will keep your true identity secret unless we are legally obliged to reveal it.
We may edit or delete the Content you provide at any time at our sole discretion, although we have no obligation to review the information you provide.
Please behave responsibly when adding Content to our websites. By using any of our Services, you agree to the following.
You will not use our websites in any way that is:
Any Content you add to the website will:
You take full responsibility for the Content you add to Widgety which means that if you provide Content in breach of these terms, you may be required to compensate anyone who suffers as a result.
You grant us a non-exclusive licence to use the Content you add to Widgety. For example, we may use this information for our campaigning purposes or marketing materials.
What happens if you don’t comply with these terms?
We will treat any non-compliance as a serious issue, and if we think you have breached any of these terms, we may take any action that we consider appropriate. This may include:
We will aim to ensure Widgety is always available, but there may be times when, unfortunately, it will not be. We will try and keep any periods when Widgety is unavailable to a minimum.
We will try to ensure Widgety is accessible to everyone. If you are having problems accessing Widgety, then please contact support(at)widgety.co.uk to see what we can do to help.
Please download Content carefully because you will be responsible for any damage to your computer system that may result.
You must not do anything to damage or disrupt Widgety, and you must not use Widgety in a way that may cause a nuisance to others.
You must ensure any links are used in a fair and reasonable manner and that their use will not damage our reputation or take unfair advantage of it (commercially or otherwise).
The website you are linking from must not contain offensive, obscene or defamatory material, and must not infringe anyone’s copyright, trademarks or other similar rights.
What happens if things go wrong?
Given the nature of Widgety and the wide range of information and services we provide, it’s possible that every now and again things may not go as planned. If we make a mistake, rest assured we will do our best to put things right as soon as possible.
We do not, of course, exclude any liability we may have in the unlikely event we have been fraudulent or if we are negligent and as a result we cause your death or personal injury, whether in connection with these general terms or any of our other website terms and conditions.
What happens if you don’t comply with our website terms?
You agree to compensate us for any loss that we suffer as a result of your failure to comply with either our general terms or any of our other website terms and conditions.
If anyone complains about your use of Widgety or the Content you add to the platform, you agree that we can control the handling of any such dispute and that you will fully support and co-operate with this.
English law shall apply to all our Terms and any disputes must be heard in an English Court. Nothing in any of the terms and conditions affect your legal rights.
THIS AGREEMENT is
(1) Widgety Limited (Company Registration Number 07760011) of Testwood House Testwood Park Salisbury Road Southampton SO40 2RW (hereinafter called Widgety)
You, the User
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.2 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.3 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2.1 Widgety operates and maintains a website on the World Wide Web at widgety.co.uk (hereinafter referred to as “Widgety”) through which it provides:
2.2 The Affiliate Company operates and maintains a website on the World Wide Web at URL AT AFFILIATE COMPANY (hereinafter referred to as “the Affiliate Company Website”) through which it provides information for users of travel material relating to cruising.
2.3 Each party wishes to have access to the other party’s website upon the terms and conditions of this Agreement.
2.4 For the duration of this Agreement either party is entitled to enter into similar arrangements with third parties. Nothing in this Agreement grants either party exclusive rights in relation to the other party.
3. Access between websites
3.1 With effect from the date of this agreement (hereinafter referred to as “the Commencement Date”), each party shall be entitled to:
3.2 The style, content format and positioning of information or material on each website shall be as agreed between the parties prior to the Commencement Date or such as shall be agreed by mutual agreement during the period of this agreement.
4. Intellectual property rights
4.1 From the Commencement Date and for the term of this Agreement each party grants the other party a world-wide, non-exclusive, royalty-free licence to use the content of that party on the other party’s website. Otherwise, neither party may use any of the other party’s Intellectual Property Rights without the prior written consent of that party.
5. Data protection
5.1 Subject to the restrictions outlined in Clause 5.2, each party will provide the other party with information relating to visitors accessing the other parties content on their website, including any names addresses another and other information collected from visitors subject to appropriate Data Protection procedures set out below.
5.2 Where under this Agreement either party discloses information relating to an identified or identifiable individual, partnership, corporation or other entity (hereinafter referred to as “Personal Data”) the other party will apply appropriate technical and organisational security measures to protect Personal Data against destruction, loss, alteration, unauthorised disclosure or access, and against all other unlawful forms of processing (including, but not limited to, ensuring the reliability of any personnel who have access to the Personal Data).
5.3 Both parties undertake, in relation to Personal Data received pursuant to the operation of this Agreement, to comply at all times (both during the subsistence and after termination of this Agreement) with any obligations imposed under the terms of the United Kingdom Data Protection legislation and any other legislation or self-regulatory guidelines from time to time relating to the holding, use and/or disclosure of Personal Data applicable in the United Kingdom or other relevant jurisdiction.
6.1 Each party warrants that:
7.1 Each party agrees to indemnify and hold the other party and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against either party arising out of any breach by the other party of the terms of this Agreement or other liabilities arising out of or relating to the other party’s website.
8. Limitation of liability
8.1 Nothing in this Agreement shall exclude or limit the liability of the parties for death or personal injury resulting from either party’s negligence or that of its employees, agents or sub-contractors.
8.2 The entire liability of each party to the other in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to.
8.3 In no event shall either party be liable to the other for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the possibility of such a loss occurring has been advised.
9. Term and termination
9.1 This Agreement shall become effective on the above date of signature or later date and shall continue for a period of not less than length of initial period and thereafter shall continue until terminated by either party by giving at least one months notice in writing of its intention to terminate the Agreement, with no termination earlier than the initial period.
9.2 Either party may terminate this Agreement forthwith by notice in writing to the other if:
9.3 On termination of this Agreement each party shall remove all Links and any reference to the other party from its website and shall as soon as reasonably possible, remove all reference to the other party from any promotional or other published material.
9.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
10. Confidential information
10.1 During the term of this Agreement:
10.2 Either party may only disclose the Confidential Information of the other party to those of its employees, agents, subcontractors or advisors who:
11.1 Neither party shall, without the prior written consent of the other party, assign or transfer the benefit of this Agreement or any of its rights under it, which consent shall not be unreasonably withheld or delayed.
12. Force Majeure
12.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
13.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
14.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
15. Relationship of parties
15.1 Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
16. Entire agreement
16.1 This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
17. Governing law and jurisdiction
17.1 This Agreement shall be governed by and construed in accordance with the law in England and Wales and the parties hereby submit to the exclusive jurisdiction of English courts.