Terms of Use of Website and Policies

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Terms of website use

These terms of use tell you the terms of use on which you may make use of this website https://nightwatcher.co.uk (the site), whether as a guest or a member. Use of the site may include, but is not limited to, accessing or browsing the site or registering for an online customer account on the site.

Please read these terms of use carefully before you start to use the site, as these will apply to your use of the site. By using the site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use the site.

Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of the site:

  • Privacy Policy as found at Schedule 1 to these terms, which sets out the terms on which Nightwatcher processes any personal data it collects from you, or that you provide to it.
  • Acceptable Use Policy as found at Schedule 2 to these terms, which sets out the permitted uses and prohibited uses of the site.
  • Cookie Policy as found at Schedule 3 to these terms, which sets out which types of cookies enabled on the site and the reasons for using them.

Information about Nightwatcher

https://nightwatcher.co.uk is a site operated by Nightwatcher Limited (Nightwatcher), a limited company incorporated in England and Wales with company number 10977098 whose registered office is at 12 Ashley Road, Boscombe, Bournemouth, BH1 4LQ.  Nightwatcher’s main trading address is 21 Headlands Business Park, Ringwood, Hampshire, BH24 3PB.  Nightwatcher’s VAT number is GB283139103. To contact Nightwatcher please email sales@nightwatcher.co.uk.

The site is intended as a general information service and retail site only and nothing on the site nor in any other communication from Nightwatcher is intended to be or should be construed as an invitation or inducement (direct or indirect) to any person or organisation to take, or refrain from taking, any action without first obtaining the necessary professional or specialist advice.

Changes to these terms

Nightwatcher may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes Nightwatcher makes, as they are binding on you and your use of the site.

Changes to the site

Nightwatcher may update and change the site and its content at any time. However, please note that any of the content on the site may be out of date, and Nightwatcher are under no obligation to update the site or its content.

Nightwatcher do not guarantee that the site, or any content on it, will be free from errors or omissions.

Accessing the site

Nightwatcher does not guarantee that the site, or any content on it, will always be available or be uninterrupted. Nightwatcher may suspend, withdraw, discontinue or change all or any part of the site without notice. Nightwatcher will not be liable to you if for any reason the site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the site.

Intellectual property rights

Unless otherwise stated, Nightwatcher is the owner or the licensee of all intellectual property rights in the 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 the site for your personal use and you may draw the attention of others within your organisation to content posted on the site.  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. Nightwatcher (and the identity of any credited contributors or authors of third party content on the site) must always be acknowledged.

You must not use any part of the content on the site for commercial purposes without obtaining a licence to do so from Nightwatcher or its licensors.

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

No reliance on information

The content on the site is provided for general information and guidance only. It is not intended to amount to advice or information upon which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the site.

Although Nightwatcher makes every reasonable effort to update and ensure the accuracy of the information on the site, the site is provided on an “as is” basis and Nightwatcher make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up-to-date and accepts no liability for any errors, misprints or omissions (whether negligent or otherwise).

No information contained on the site or in any other communication from Nightwatcher, including but not limited to any brochure, email or promotional material produced by Nightwatcher, constitutes or forms part of any contract between you and Nightwatcher.

The site may include information and materials uploaded by other users of the site, including but not limited to the product reviews available on the site. This information will not have not been verified or approved by Nightwatcher. The views expressed by other users on the site via such third party content do not represent Nightwatcher’s views or values.  If you wish to complain about information and materials uploaded by other users please contact Nightwatcher on sales@nightwatcher.co.uk.

Any links on the site to other websites and resources provided by third parties are provided for information only and should not be interpreted as endorsement by Nightwatcher of those linked websites or resources. Nightwatcher has no control over the contents of those websites or resources and Nightwatcher does not accept any liability or responsibility for any loss or damage that may arise from use of them.

Uploading Content to the site

Whenever you make use of a feature that allows you to upload content to the site, for example by way of product review, you must comply with the content standards set out in the Acceptable Use Policy.

You warrant that any such content complies with the Acceptable Use Policy, all applicable laws and does not breach the intellectual property rights of any third party. You will be liable to Nightwatcher and indemnify it for any breach of this warranty. This means you will be responsible for any loss or damage Nightwatcher suffers as a result of your breach of warranty, including but not limited to breach of a third parties’ intellectual property rights via the content that you upload to the site.

Any content you upload to the site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but when you upload or post content to the site, you grant Nightwatcher a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store and copy that content and to distribute and make it available to third parties.

Nightwatcher also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the site constitutes a violation of their intellectual property rights, or of their right to privacy.

Nightwatcher has the right to remove any posting you make on the site if, in Nightwatcher’s opinion, your post does not comply with the content standards set out in the Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

Limitation of Nightwatcher’s liability

Nothing in these terms of use exclude or limit Nightwatcher’s liability for death or personal injury arising from its negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, Nightwatcher excludes all conditions, warranties, representations or other terms which may apply to the site or any content on it, whether express or implied.

Nightwatcher will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the site or use of or reliance on any content displayed on the site.

If you are a business user, please note that in particular, Nightwatcher will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage arising out of or in connection with use of the site.  Nightwatcher excludes all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

If you are a consumer user, please note that Nightwatcher only provides the site for your domestic and private use. You agree not to use the site for any commercial or business purposes, and Nightwatcher has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Nightwatcher will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site.

Nightwatcher assumes no responsibility for the content of websites linked on the site. Such links should not be interpreted as endorsement by Nightwatcher of those linked websites. Nightwatcher will not be liable for any loss or damage that may arise from your use of them.

Viruses

Nightwatcher do not guarantee that the site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the site. You should use your own virus protection software.

You must not misuse the 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 the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the 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. Nightwatcher will report any such breach to the relevant law enforcement authorities and Nightwatcher will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.

Linking to the site

You may link to the site’s home page, provided you do so in a way that is fair and legal and does not damage Nightwatcher’s reputation or take advantage of it. No link should be made to any part of the site other than the home page.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Nightwatcher’s part where none exists.

Nightwatcher reserves the right to withdraw linking permission without notice.

Third party links and resources in the site

Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only.

Nightwatcher has no control over the contents of those sites or resources.

Applicable law

Please note that these terms of use, its subject matter and its formation, are governed by English law. You and Nightwatcher both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms of use.

Contact

To contact Nightwatcher, please email sales@nightwatcher.co.uk.

Thank you for visiting the site.

 

Schedule 1 – Privacy policy 

Nightwatcher are committed to protecting and respecting your privacy.

This privacy policy (together with Nightwatcher’s terms of use and any other documents referred to on it) sets out the basis on which any personal data Nightwatcher collects from you, or that you provide to Nightwatcher, will be processed by it.  Please read the following carefully to understand Nightwatcher’s views and practices regarding your personal data and how Nightwatcher will treat it.  By visiting the site you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (prior to 25th May 2018) and the General Data Protection Regulation (on or after 25th May 2018) (GDPR), the data controller is Nightwatcher Limited, 21 Headlands Business Park, Ringwood, Hampshire, BH24 3PB.

https://nightwatcher.co.uk (the site) is a site operated by Nightwatcher Limited (Nightwatcher), a limited company incorporated in England and Wales with company number 10977098 whose registered office is at 12 Ashley Road, Boscombe, Bournemouth, BH1 4LQ.  Nightwatcher’s main trading address is 21 Headlands Business Park, Ringwood, Hampshire, BH24 3PB.  Nightwatcher’s VAT number is GB283139103. To contact Nightwatcher please email sales@nightwatcher.co.uk.

It is important that you read this privacy policy, together with any other privacy policy or notice that Nightwatcher may provide on specific occasions when Nightwatcher are collecting or processing personal information about you, so that you are aware of how and why Nightwatcher are using such information.

Information Nightwatcher may collect from you

Nightwatcher may collect and process the following data about you:

  • Information you give to Nightwatcher. You may give Nightwatcher information about you by filling in forms on the site or by corresponding with Nightwatcher by phone, e-mail or otherwise. The information you give Nightwatcher may include your name, address, e-mail address, phone number, financial and credit card information or other factual information about yourself which you provide when you register to use our site, open an account with Nightwatcher, subscribe to our service, search for a product, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, or when you report a problem with our site.
  • Information Nightwatcher collects about you. With regard to each of your visits to the site Nightwatcher may automatically collect the following information:
    • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
    • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from the site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
  • Information Nightwatcher receives from other sources. Nightwatcher may receive information about you if you use any of the other websites Nightwatcher operates or the other services Nightwatcher provides. Nightwatcher are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) and may receive information about you from them. Nightwatcher will notify you when Nightwatcher receive information about you from them and the purposes for which Nightwatcher intends to use that information.

Uses made of the information

Nightwatcher use information held about you in the following ways:

  • Information you give to Nightwatcher. Nightwatcher will use this information:
    • to provide you with the information that you request from Nightwatcher;
    • to carry out our obligations arising from any contract entered into between you and Nightwatcher and to provide you with the information, products and services that you request from Nightwatcher;
    • to provide you with information about other activities Nightwatcher offer that are similar to those that you have already enquired about;
    • to provide you, or permit selected third parties to provide you, with information about goods or services Nightwatcher feels may interest you. If you are an existing customer, Nightwatcher may contact you by electronic means (e-mail or SMS), by post or via the telephone with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where Nightwatcher permit selected third parties to use your data, Nightwatcher (or the relevant third party) will contact you by electronic means only if you have consented to this. If you want Nightwatcher to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which Nightwatcher collects your data. If at any point you decide you do not want Nightwatcher to use your data in this way please email sales@nightwatcher.co.uk;
    • to notify you about changes to Nightwatcher’s service;
    • to ensure that content from the site is presented in the most effective manner for you and for your computer.
  • Information Nightwatcher collects about you. Nightwatcher will use this information:
    • to administer the site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    • to improve the site to ensure that content is presented in the most effective manner for you and for your computer;
    • to allow you to participate in interactive features of Nightwatcher’s service, when you choose to do so;
    • as part of Nightwatcher’s efforts to keep the site safe and secure;
    • to measure or understand the effectiveness of advertising Nightwatcher serve to you and others, and to deliver relevant advertising to you;
    • to make suggestions and recommendations to you and other users of the site about goods or services that may interest you or them.
  • Information Nightwatcher receives from other sources. Nightwatcher may combine this information with information you give to Nightwatcher and information it collects about you. Nightwatcher may use this information and the combined information for the purposes set out above (depending on the types of information Nightwatcher receives).
  • Failure to provide personal information. Where Nightwatcher requires personal information in order to be able to enter into a contract with you, or to perform a contract, your failure to supply the information will prevent the effecting or performance of the contract and Nightwatcher will have no liability for any loss which results from the failure to supply the required data.
  • How long Nightwatcher will hold the information. Nightwatcher will hold the information for the processing of any information required for any contract it has with you and for a reasonable period thereafter. Nightwatcher will review the information held on a periodic basis and delete information which it assess will no longer be required for any future dealings between you and Nightwatcher.

Disclosure of your information

Nightwatcher may share your personal information with any member or partner of Nightwatcher.

You agree that Nightwatcher may share your information with selected third parties including:

  • business partners, suppliers and sub-contractors for the performance of any contract Nightwatcher enters into with them or you;
  • Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
  • Analytics and search engine providers that assist Nightwatcher in the improvement and optimisation of the site.
  • Credit reference agencies for the purpose of assessing your credit score where this is a condition of Nightwatcher entering into a contract with you.

Nightwatcher may disclose your personal information to third parties:

  • If Nightwatcher are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the terms of use above and other agreements.
  • To protect the rights, property, or safety of Nightwatcher, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection.
  • If required in connection with the obtaining of any professional or other advice from any third parties;
  • In the event that Nightwatcher sells or buys any business or assets, in which case Nightwatcher may disclose your personal data to the prospective seller or buyer of such business or assets.

Where Nightwatcher stores your personal data

All information you provide to Nightwatcher will be securely stored either electrically on its secure servers (including but not limited to web and email servers), in the cloud (via a credible third party cloud storage partner), within Nightwatcher’s’ accounting software, by any of Nightwatcher’s business partners, suppliers and sub-contractors in connection with the performance of any contract Nightwatcher enters into with you or in hard copy paper format.

The data that Nightwatcher collects from you may also be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for Nightwatcher or for one of its members. By submitting your personal data, you agree to this transfer, storing or processing. Nightwatcher will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

If in the future your personal data is transferred by Nightwatcher outside the EEA for processing or storage, Nightwatcher will ensure that any such transfer is made in accordance with the requirements of the Data Protection Act 1998 (prior to 25th May 2018) or the GDPR (on or after 25th May 2018) as applicable.

Unfortunately, the transmission of information via the internet is not completely secure. Although Nightwatcher will do its best to protect your personal data, Nightwatcher cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once Nightwatcher have received your information, Nightwatcher will use strict procedures and security features to try to prevent unauthorised access.

Your rights

You have the right to ask Nightwatcher not to process your personal data for marketing purposes or any other purposes at any time. Nightwatcher will usually inform you (before collecting your data) if it intends to use your data for such purposes or if it intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms Nightwatcher uses to collect your data.  You can also exercise the right at any time by contacting Nightwatcher at support@nightwatcher.co.uk.

However, Nightwatcher retains the right to continue to process the information where Nightwatcher have compelling legal grounds to do so or if the processing is required by Nightwatcher in connection with legal claims.

The site may, from time to time, contain links to and from the websites of Nightwatcher’s partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that Nightwatcher does not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

Access to information

The Data Protection Act 1998 (prior to 25th May 2018) and the GDPR (on or after 25th May 2018) gives you the right to access information held about you. Your right of access can be exercised in accordance with the DP Law.

Rectification

The GDPR gives you the right to require your personal data held by Nightwatcher to be rectified if it is inaccurate or incomplete. Your right of access can be exercised in accordance with procedures stated in the GDPR.

Data portability

The GDPR gives you the right to obtain and relocate your personal data held by Nightwatcher to another IT environment. If you notify Nightwatcher that you wish to exercise this right, Nightwatcher will arrange the transfer in machine readable form to another IT environment within one month if it is technically possible, or within two months if the transfer is complex or if there have been multiple requests.

Automated decision making

You also have the right under the GDPR in some circumstances not to be the subject of a decision based on automated processing or profiling which produces a legal effect or other significant effect on you. If you wish to exercise this right, you should make an objection in accordance with the provisions of the GDPR.

Changes to the privacy policy

Any changes Nightwatcher may make to its privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to the privacy policy.

Complaints

If Nightwatcher has committed any infringement of the GDPR, you have the right to lodge a complaint with the relevant regulatory authority in the United Kingdom. The details of the regulator are as follows:

Information Commissioner’s Office

https://www.ico.org.uk/concerns/

Address: Wycliffe House, Water Lane, Wilmslow SK9 5AF

Phone: 0303 123 1113

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to sales@nightwatcher.co.uk.

 

Schedule 2 – Acceptable use policy

This acceptable use policy sets out the terms between you and Nightwatcher under which you may access https://nightwatcher.co.uk (the site). This acceptable use policy applies to all users of, and visitors to, the site.

Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the terms of website use above.

The site is operated by Nightwatcher Limited (Nightwatcher), a limited company incorporated in England and Wales with company number 10977098 whose registered office is at 12 Ashley Road, Boscombe, Bournemouth, BH1 4LQ.  Nightwatcher’s main trading address is 21 Headlands Business Park, Ringwood, Hampshire, BH24 3PB.  Nightwatcher’s VAT number is GB283139103. To contact Nightwatcher please email sales@nightwatcher.co.uk.

Prohibited uses

You may use the site only for lawful purposes.  You may not use the 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).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

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

Suspension and termination

Nightwatcher will determine, in its discretion, whether there has been a breach of this acceptable use policy through your use of the site.  When a breach of this policy has occurred, Nightwatcher may take such action as Nightwatcher deems appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of  the terms of website use for the site and may result in Nightwatcher taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as Nightwatcher reasonably feels is necessary.

Nightwatcher excludes liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and Nightwatcher may take any other action it reasonably deem appropriate.

Changes to the acceptable use policy

Nightwatcher may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Nightwatcher makes, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the site.

 

Schedule 3 – Cookie Policy

This cookie policy sets out which and how the site uses cookies.

https://nightwatcher.co.uk (the site) is a site operated by Nightwatcher Limited (Nightwatcher), a limited company incorporated in England and Wales with company number 10977098 whose registered office is at 12 Ashley Road, Boscombe, Bournemouth, BH1 4LQ.  Nightwatcher’s main trading address is 21 Headlands Business Park, Ringwood, Hampshire, BH24 3PB.  Nightwatcher’s VAT number is GB283139103. To contact Nightwatcher please email sales@nightwatcher.co.uk.

Information about Nightwatcher’s use of cookies

The site uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that Nightwatcher store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

Nightwatcher use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. Nightwatcher will use this information to make our website and the advertising displayed on it more relevant to your interests. Nightwatcher may also share this information with third parties for this purpose.

You can find more information about the individual cookies Nightwatcher use and the purposes for which Nightwatcher use them in the table below:

Cookie Name Purpose More information
tbc tbc tbc tbc

 

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which Nightwatcher has no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Except for essential cookies, all cookies will expire after 365 days.