Effective Date: 24th May 2018

1.   Introduction

1.1- This website is owned and operated by J & S Bridle Associates Limited. Asbestos Watchdog is a trading style of J&S Bridle Associates Ltd., a limited liability company with registration number 05071557 and registered address being 10 Y Sgwar Yr Orsaf, Dinas Powys, Cymry, Wales, CF64 4YR. Our VAT number is 615532458.

1.2- Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using this website you agree to be bound by these terms and conditions. They apply to our Service (as defined below).

2.   Definitions

2.1- When we refer to “User” in these terms and conditions, we mean any user of our Service. “Service” refers to our website, email newsletters and our email enquiry service (but excludes our other services such as sampling, surveys, encapsulation, quote checker, encapsulation and legal help which are covered by a separate agreement, which is available on enquiry). “User Content” covers all information of whatever kind (including images, photos, videos, posts, comments, messages etc) published or sent by Users on or in connection with our Service. “Our Content” covers all information of whatever kind which we make available in connection with our Service.

3.   Changes to the terms and conditions

3.1- We may change these terms and conditions by posting the revised version on our website for a reasonable period before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

4.   Use of our Service

4.1- We grant you a limited right to use our Service subject to these terms and conditions.

4.2- You are not eligible for, and must not use, our Service if you are under 18 years of age.

4.3- Much of our thinking as expressed in Our Content runs counter to common public opinion and the views of some UK Authorities. Our intention is to offer an alternative viewpoint. We are not lawyers and Our Content does not constitute legal or other advice. Nor are we infallible! Before acting on Our Content, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional legal or other advice. You rely on Our Content at your own risk.

4.4- You agree that you will not:

4.4.1- in connection with the Service breach any applicable law, regulation or code of conduct or infringe any rights of others;

4.4.2- publish or send any User Content which is or becomes false or misleading, or is sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another’s privacy, confidential, offensive, harmful, violent, threatening, harassing, stalking, defamatory, or which encourage or assist any of the foregoing;

4.4.3- disclose or make accessible to any third party any password(s), activation code(s) or similar information allocated to Users or use them for any purpose other than authentication for the Service.

4.4.4- publish or send any User Content which involves any personal data of another person (i.e. information enabling someone to be identified or contacted e.g. name, address, email address, photo etc) unless that person is 18 years or over and you have obtained that person’s explicit written consent;

4.4.5- publish or send any User Content which links to any third party websites which are illegal or contain inappropriate content;

4.4.6- use the Service for junk mail, spam and pyramid or similar or fraudulent schemes;

4.4.7- do anything which may have the effect of disrupting the Service including  worms, viruses, software bombs or mass mailings; or

4.4.8- attempt to gain unauthorised access to any part of the Service or equipment used to provide the Service.

4.5- You must comply with any guidelines or requirements on our website (for example, any file-size or other technical requirements in relation to the publication or sending of User Content on or via our Service). You must promptly comply with any reasonable request or instruction by us in connection with the Service.

4.6- We reserve the right to reject, suspend, alter, remove or delete User Content or to disclose to the relevant authorities any User Content if it breaches our terms and conditions or is necessary to protect us or others or where we have reasonable grounds for believing that a criminal act has been committed) or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant User Content.

4.7- You should not assume that any User Content is accurate and be aware that a person may not be who he or she claims to be. We are not responsible for false or misleading statements by Users or otherwise in connection with User Content. We do not undertake to vet the identity of Users or to vet or monitor User Content. You must take appropriate steps to investigate User Content if you intend to act on it.

4.8- It is your responsibility to decide which User Content to publish or send (subject to these terms and conditions). We can’t accept legal responsibility if it is misused by others. Do not send or publish any User Content if you are concerned that it might be misused.

4.9- You must notify us immediately if you become aware of any inappropriate User Content or inappropriate behavior by any User. You can do this by clicking report abuse or by clicking on any “Report Abuse” link located on our Service.

4.10- Your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our Service. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

5.   Functioning of our Service

5.1- We take reasonable care to operate our Service and to rectify faults if they occur but we cannot guarantee that the Service will be uninterrupted or error-free.

5.2- We are entitled to suspend the Service for repair, maintenance, improvement or other technical reason.

6.   Third party websites

6.1- We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.   

7.   Intellectual property rights

7.1- All trademarks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of Users or third parties including the Crown and public sector bodies. For the purposes of your personal use only, you may view such content on your screen and print a single copy. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) or use such content without our specific prior written consent.

7.2- If you publish any User Content on our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such User Content on our Service.

8.   Liability

8.1- Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

8.2- You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

8.3- Very important: If you are a consumer (ie not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
8.3.1- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
8.3.2- such loss or damage is not a reasonably foreseeable result of any such breach;
8.3.3- such loss or damage is caused by you, for example by not complying with this agreement; or
8.3.4- such loss or damage relates to a business.

8.4- If you are a business, our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the level of our applicable insurance cover.

8.5- If you are a business, in no event (including our own negligence) will we be liable for any:
8.5.1- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
8.5.2- loss of goodwill or reputation;
8.5.3- special, indirect or consequential losses; or
8.5.4- damage to or loss of data
(even if we have been advised of the possibility of such losses).

8.6- Very important: If you are a consumer (ie not acting in the course of a business), you will liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

8.7- If you are a business, you will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.

9.   “Act of God”

9.1- Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control.

10.   Transfer

10.1- We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

11.   English law

11.1- These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

12.   General

12.1- You must send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. This agreement constitutes the entire agreement between you and us. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

13.   Complaints

13.1- If you have any complaints, please contact us at our correspondence address: Brenton House, Twyncyn, Dinas Powys, Vale of Glamorgan, Wales, CF64 4AS.