TERMS OF SERVICE
This website is operated by Westgate London. Throughout the site, the terms “we”, “us” and “our” refer to Westgate London. Westgate London offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service at any time. It is your responsibility to check our website periodically to take notice of any changes we made, as they are binding on you.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and offers are subject to change and may be withdrawn at any time without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We will take all reasonable care to ensure that all prices of products on our website are accurate and kept up to date. Errors may sometimes occur in our pricing. If we discover an error in the price of a product you have ordered, we will be unable to accept your Order and shall contact you as soon as possible to give you the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - DELIVERY
Unless otherwise agreed, your order will be delivered within 30 days of confirmation of your order. Please see our UK & International Delivery page for more information on our standard delivery times. Where we are unable to deliver your order within this period, we reserve the right to cancel your order.
We may contact you if we cannot accept your order, which may be result of; the products not being available; there is a problem with your payment method; there has been a pricing or product description error on the website; we are unable to deliver the products due to local import restrictions or requirements at your delivery destination or you don’t meet our eligibility to order criteria or are in breach of any of the T&Cs or other law.
We deem your order as delivered if your parcel is delivered to you or our neighbour and signed for. We cannot be held responsible for any delay in you retrieving your parcel from your neighbour, which may affect your 14-days return period.
If you are unavailable to receive your delivery and the parcel is returned to depot; and you fail to collect it or arrange redelivery; or you refuse delivery; and the parcel is returned to us after 14 days as consequence; we will be unable to offer you a refund or credit note for your order and the parcel will be send back to you.
SECTION 7 - RETURNS POLICY
We offer a 14 day returns policy for nearly all products. The 14-days return period starts from the day the parcel is delivered to you or your neighbour and signed for.
- As a local and international customer you can return your item(s) by post at a cost to you, using Royal Mail (UK) or any other courier service. We strongly recommend that you use a recorded service and retain your proof postage.
- Your return must arrive at our UK address within 14 days from receipt of your parcel. We regret that we cannot be held responsible for customs issues or anything lost, damaged or delayed in transit.
- All returned products must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact e.g. shoes shoes should be returned with the original shoe box.
- The goods are your responsibility until they reach our Returns Point, so please make sure it is packaged properly and cannot get damaged on the way.
- We cannot be held responsible for any items delivered to you faulty, damaged, imperfect or in unsatisfactory condition or in error. In these instances, we will take the items back as per returns conditions set in this policy.
- Unfortunately, we cannot refund any taxes, duties, charges or delivery costs which you may have paid when placing your order.
- Regretfully, at this time, we do not offer exchange service. If you would like to exchange your item for another one, you can return the unwanted item to us and place a new order for the item you would like to exchange to.
- All returns which do not respect the above Conditions of Return will not be accepted and will be send back to you.
Non Returnable Items
In some instances, we are unable to offer refunds or exchanges. This includes personalised and perishable products as well as products which have had their protective seals or strips removed or damaged. This does not affect your statutory rights.
As a guideline, the following examples are not covered by our returns policy:
- Made to measure, altered, or personalised products
- Made to order products
- Beauty products and Fragrances
- Certain accessories - pierced earrings and hosiery
- Underwear, nightwear and swimwear
- Newspapers, periodicals or magazines
- Event tickets
- Food and drink
- Opened CDs or DVDs
- E-vouchers and gift cards
- Headphones that have been opened, tested or partially used
- Duvets, mattress toppers/protectors and pillows or any bedding (duvet covers, pillow covers, sheets that have been removed from their packages)
- Out of stock sale items from online high street or department stores
Where promotions have been applied, discounts will be applied to each item in the basket. In the event of a return, you will only be refunded the amount paid. If the order contained a free promotional gift, the gift must be included with the return of any related items.
International Taxes, Duties and Delivery Charges
For orders shipped outside of the European Union, please note that we cannot return any taxes, duties or delivery charges associated with your order. You will be refunded the Tax Free price of the products returned. Certain countries operate schemes for consumers to reclaim import taxes and duties however this will require a specific application by you to your local government or authority. We are unable to support these applications or support the return of import taxes and duties in countries that do not offer this scheme.
Payment with Gift Cards or eVoucher
- Gift Card orders returned by post will be refunded to an eVoucher.
- eVoucher orders returned by post will be refunded to eVoucher.
Please use our online Returns page to request your return and follow the simple instructions there. Regretfully, items sent back to us without prior request through our Online Returns System will not be processed.
You must wait for your return to be approved before sending your parcel. You will also be provided return address and reference number for your parcel. Failure to use the correct address will result in your parcel being delivered to wrong area and therefore we will be unable to process your return.
We will endeavour to process your return within 3-5 working days from the day we receive your parcel, however under some circumstances this could take up to 14 working days. When the return is processed you will receive an email confirming your refund. It will usually take up to 10 working days from receipt of the email for your account to be credited.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Due to Data Protection and Security reasons we are unable to respond to enquiries sent from unregistered email accounts. All our communication with you will only be made to the email address associated with your Westgate London account.
SECTION 8 - CANCELLATION
If, for any reason, you wish to cancel your contract before your Order has been dispatched then you need to let us know by sending an email to email@example.com Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, provided the items have not been dispatched then we will refund you the original purchase price and delivery charge for your Order as soon as possible and no later than within 14 days.
We are unable to cancel orders that have been shipped. If you wish, you may return your item(s) once delivered. Please refer to our Returns Policy for details.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - PERSONAL INFORMATION
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - RESTRICTED ACTIVITIES
15.1 Restricted Activities. In connection with your use of our website, your Account, or the Services, or in the course of your interactions with Westgate London, a User or a third party, you will not:
- Breach this Agreement (including, without limitation, opening multiple Westgate London accounts or breaching the Card Processing Agreement, the Acceptable Use Policy or any other agreement that you have entered into with Westgate London (including a Policy));
- Breach any law, statute, contract, or regulation (including, without limitation, those governing financial services including anti-money laundering, consumer protections, unfair competition, anti-discrimination and false advertising);
- Infringe Westgate London’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Act in a manner that is obscene, defamatory, libelous, unlawfully threatening or unlawfully harassing;
- Provide false, inaccurate or misleading Information;
- Fail to provide us with further information about you or your business activities that we may reasonably request;
- Send or receive what we reasonably believe to be potentially fraudulent or unauthorised funds;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
- Attempt to "double dip" or undertake any action which could amount to unjust enrichment during the course of a dispute by receiving or attempting to receive funds from both Westgate London and the seller, bank, or credit card company for the same transaction;
- Use an anonymising proxy;
- Control an Account that is linked to another Account that has engaged in any of these Restricted Activities (an Account is deemed to be “linked” to another Account for the purpose of this section 9.1.k where Westgate London has reason to believe that both Accounts are controlled by the same legal personality or group of legal personalities (including, without limitation, individuals), which is more likely when both Accounts share certain attributes, including, without limitation, the same recorded user name, email address, funding source (e.g. bank account) and/or recorded ID used to receive services from Westgate London’s partners;
- Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to Westgate London, a User, a third party or you;
- Abuse (as either a buyer or seller) of our Online Dispute Resolution process and/or Westgate London Buyer Protection;
- Cause Westgate London to receive a disproportionate number of Claims that have been closed in favour of the claimant regarding your Account or business;
- Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Services;
- Use your Account or the Services in a manner that Westgate London, Visa, MasterCard, American Express or our bank acquirer and/or payment processors reasonably believe to be an abuse of the bank’s reversal process, credit card system or a violation of credit card association rules;
- Allow your Account to have a balance reflecting an amount owing to us;
- Undertake activity that does or may present to us a credit or fraud risk, a sudden increase in exposure, or a significant or otherwise detrimental level of exposure (as Westgate London reasonably believes based on the information available to it);
- Use a credit card with your Account to provide yourself with a cash advance (or help others to do so);
- Access the Services from a country that is not included on Westgate London's Worldwide page;
- Disclose or distribute another User’s Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so;
- Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- Take any action that imposes an unreasonable or disproportionately large load on the Services, our infrastructure, our websites, our software or our systems (including any networks and servers used to provide any of the Services) whether operated by us or on our behalf;
- Facilitate any viruses, Trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data or Information or the Services;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
- Use any device, software or routine to bypass our robot exclusion headers, or interfere or disrupt or attempt to interfere with or disrupt our infrastructure, our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services or other Users’ use of any of the Services;
- Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the Westgate London website(s) without our or any applicable third party’s written consent;
- Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers or service providers;
- Use the Service to test credit card behaviours;
- Reveal your Account password(s) to anyone else, nor may you use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your Account by any person other than you, arising as the result of misuse of passwords;
- Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the Service or activities carried out as part of the Services or otherwise than in accordance with the terms of this Agreement;
- Request or send a Personal Transaction payment for a Commercial Transaction;
- Allow your use of the Service to present to Westgate London a risk of non-compliance with Westgate London’s anti-money laundering, counter terrorist financing and similar regulatory obligations (including, without limitation, where we cannot verify your identity or you fail to complete the steps to lift your sending, receiving or withdrawal limit in accordance with sections 4.5, 5.1 and 6.3 or where you expose Westgate London to the risk of any regulatory fines by European, US or other authorities for processing your transactions);
- Integrate or use any of the Services without fully complying with all mandatory requirements communicated to you by way of any integration or programmers’ guide or other documentation issued by Westgate London from time to time;
- Advertise, promote, introduce or describe Westgate London Credit to your customers without obtaining the necessary regulatory permission to do so (which may lead to you committing a criminal offence under the (UK) Financial Services and Markets Act 2000);
- Suffer (or cause us to determine that there is a reasonable likelihood of) a security breach of your website or systems that could result in the unauthorised disclosure of customer information.
You agree that engaging in the above Restricted Activities diminishes your or other Westgate London customers’ safe access and/or use of your Payment Instrument, Account or the Service generally.
SECTION 16 - YOUR LIABILITY - ACTIONS WE MAY TAKE
16.1 Your Liability.
- You are responsible for all Reversals, Chargebacks, fees, fines, penalties and other liability incurred by Westgate London, a Westgate London User, or a third party caused by your use of the Services and/or arising from your breach of this Agreement. You agree to reimburse Westgate London, a User, or a third party for any and all such liability.
- Liability for Claims under Westgate London Buyer Protection. Notwithstanding any other section of this Agreement, if Westgate London makes a final decision that you lose a Claim filed directly with Westgate London, you will be required to reimburse Westgate London for your liability.
- Reimbursement for Your Liability. In the event you are liable for any amounts owed to Westgate London, Westgate London may immediately remove such amounts from your Balance (if available). If there are insufficient funds in your Balance to cover your liability, Westgate London reserves the right to collect your debt to Westgate London by using any payments received in your Account and otherwise you agree to reimburse Westgate London through other means. Westgate London may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.
16.2 Actions by Westgate London. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect Westgate London, a User, a third party, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
- We may, at any time and without liability, suspend, block, limit, close or cancel your right to use your Account entirely or for any particular transaction, which may in turn suspend, block, limit, close or cancel access to your Account or the Services . We will normally give you advance notice of any suspension or cancellation but we may, if it is reasonable to do so (for example if you are in breach of this Agreement or we consider it advisable for security reasons), suspend or cancel your right to use your Account without prior notice to you;
- Block your Account and/or hold any funds in the Reserve Account (including, without limitation, for more than 180 days if so required by Westgate London, where Westgate London’s rights under section 10.2 arise from your engagement in the Restricted Activity set out in section 9.1 ag.);
- Refuse any particular payment transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you may resolve the problem, where possible, upon request and provided it is not prohibited by law;
- We may reverse a payment (including, if appropriate, to the sender’s Funding Source), that violates our Acceptable Use Policy or section 9, or which we reasonably suspect of violating our Acceptable Use Policy or section 9;
- We may request information from you or otherwise update inaccurate Information you provided us;
- We may refuse to provide our Services to you in the future;
- We may hold your funds to the extent and for so long as reasonably needed to protect against the risk of liability. You acknowledge that, as a non-exhaustive guide:
- Westgate London’s risk of liability in respect of a Claim or Dispute arising from a payment that you receive can last for the time that it takes for the parties to close the Claim or Dispute and all appeals associated with that Claim or Dispute;
- Westgate London’s risk of liability in respect of any event of insolvency that you suffer can last for as long as and to the extent that laws applicable to your insolvency restrict Westgate London from taking legal action against you; and
- If you allow your Account to have a balance reflecting an amount owing to Westgate London, Westgate London’s risk of liability can last for the time and to the extent that you owe that amount to Westgate London.
- We may take legal action against you.
- We may suspend your eligibility for Westgate London seller protection and/or Westgate London Buyer Protection (including in retrospect).
- We may suspend, limit or terminate your access to our Services, websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, and, to the extent and for so long as permitted by applicable law, your data.
Unless otherwise directed by us, you must not use or attempt to use your Account while it is suspended or has been closed. You remain liable under this Agreement in respect of all charges and other amounts incurred through the use of your Account at any time, irrespective of termination, suspension or closure.
16.3 Payment Hold
- You agree that if either:
- We receive a payment that involves Transaction Risk; or
- there may be a higher than acceptable level of risk or exposure associated with your Account (based on the information available to Westgate London at the relevant time and what in its sole discretion it regards as an acceptable level of risk or exposure to Westgate London, its customers and/or its service providers under all the circumstances).
Westgate London may in its sole discretion (acting reasonably) place a hold on that or any payment. If Westgate London places a hold on funds in your Account, we will notify you about it (including, without limitation, how long the hold may last) –
- Westgate London will release the hold made on your payment under this provision when Westgate London determines that the Transaction Risk or risk or exposure associated with your Account no longer exists. Please note that, notwithstanding the above, if you receive a Dispute, subject to the hold, the funds (or an amount equal to the relevant payment) may be held until the matter is resolved pursuant to this Agreement.
- You agree to provide to Westgate London any information as Westgate London may reasonably request to allow Westgate London to determine whether the Transaction Risk or risk or exposure to your Account has passed. You may close your Account if you object to the hold under this provision. If your Account is closed for any reason, Westgate London has the right to hold a payment under this provision for a period of up to 180 days from the date the complete obligations under the contract for sale (to which the payment in question relates) have been discharged.
16.4 Information about you
- Westgate London reserves the right to request additional information from you, other than what is referred to in this Agreement, to allow it to comply with its anti-money laundering obligations. You agree to comply with any request for further information as we reasonably require to enable us to comply with our anti-money laundering obligations. This may include, without limitation, requiring you to fax, email or otherwise provide to us certain identification documents. You also agree to provide us, upon our reasonable request and at your own expense, information about your finance and operations, including, without limitation, your most recent financial statements (certified or otherwise) and merchant processing statements (if applicable).
16.5 Disclosure of reasons for our actions
Our decisions to take the actions set out in this section 16 and any other actions we take under this Agreement, whether they restrict or extend your access to the Service, our infrastructure, our websites, our software or our systems (including any networks and servers used to provide any of the Services) whether operated by us or on our behalf (including, without limitation, any blockages, limitations, suspensions, terminations, holds and reserves) may be based on confidential criteria that are essential to our management of risk and the protection of Westgate London, our customers and/or service providers. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures or our confidential information to you.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Westgate London, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Westgate London and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service at any time. It is your responsibility to check our website periodically to take notice of any changes we made, as they are binding on you.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org