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Terms and Conditions

Bathing Waters - Terms of Use

This website is a public awareness tool, designed to indicate the Combined Sewer Overflow status at certain beaches across the South West region. As a beach user, it is your responsibility to take all precautions necessary whilst at the beach and use your own judgment on suitability of bathing conditions. Please note that you can find general information and advice on beach safety by clicking on the links within the Advice & help section of this website, although South West Water cannot endorse nor take responsibility for any information or advice provided by these websites.

Terms of website use
This page (together with the documents referred to on it) tells you the Terms of Use on which you may make use of our website www.beachlive.co.uk ("our site"). Please read these Terms of Use carefully before you start to use the site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our site.

Information about us
www.beachlive.co.uk is a site operated by South West Water Limited ("We"). We are registered in England and Wales under company number 2366665 and have our registered office at Peninsula House, Rydon Lane, Exeter, EX2 7HR.

Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to us via the contact us form.

Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Intellectual property rights
We are the owner of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site strictly for your personal reference. You must not use any part of the materials on our site for commercial purposes.

Our status as the authors of material on our site must always be acknowledged.

If you print, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted
Commentary, materials and information (including status updates and alerts on Combined Sewer Overflows) posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information by any visitor to our site, or by anyone who may be informed of its contents.

Our site changes regularly
We aim to update our site regularly, and may change the general content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Although we aim to promptly update the status of Combined Sewer Overflows, there may be a time delay beyond our control so any of the material or information on our site may be out of date at any given time.

Our liability
The material and information displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. This largely reflects the fact that the monitoring equipment used to obtain the updates posted on our site is exposed, out of our immediate control and therefore liable to being affected by adverse weather conditions or tampering.

To the extent permitted by law, we and other members of our group of companies hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

Information about you
Where you contact us through the [Contact Form] facility on this site, we will process your personal data purely to respond to your enquiry. By submitting a Contact Form, you consent to such processing.

Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations
We may revise these terms of use at any time by amending this page. You are responsible for checking this page from time to time to take notice of any changes we make, 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 our site.

Your concerns
If you have any concerns about material which appears on our site, please use the website contact us form .

Thank you for visiting our site.




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