Legal Declaration | herewardthewake

Legal Declaration

Hereward The Wake Ltd — Legal Page

The WakeHereward Project and its associated initiatives are operated by Hereward The Wake Ltd, a company registered in England and Wales (Company No. 13332857) with its registered office at 10 Ash Grove, South Wootton, King’s Lynn, Norfolk, United Kingdom PE30 3TS

Hereward The Wake Ltd, trading as the WakeHereward Project and Hereward Country, Hereward Trail & Hereward Living History promotes cultural education, heritage tourism, and community engagement across the Fenlands. The company’s educational and cultural activities reflect the principles and intent of the following UNESCO conventions and recommendations:

Recommendation on the Safeguarding of Traditional Culture and Folklore (UNESCO, Paris, 1989)
Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO, 2003)
Convention on the Protection and Promotion of the Diversity of Cultural Expressions (UNESCO, Paris, 2005)

These form part of the organisation’s guiding cultural and educational ethos.

Terms of Website Use

This website is owned and operated by Hereward The Wake Ltd (“we”, “us”, or “our”). By using this website, you agree to comply with and be bound by the following terms. If you do not agree with any part of these terms, please discontinue use immediately.

We reserve the right to update or modify these terms at any time without notice. Continued use of the site after any such changes constitutes your acceptance of the updated terms.

Intellectual Property

All content on this website—including text, images, designs, video, graphics, and logos—is protected by copyright and intellectual property laws. Unless otherwise stated, such rights belong to Hereward The Wake Ltd or are used under licence.

You may view, download, and print material from this website for personal, non-commercial use only. Any other use, including copying, redistribution, or republication of content for commercial purposes, is strictly prohibited without prior written permission from Hereward The Wake Ltd.

All materials, publications, and creative works associated with the WakeHereward Project, Hereward Country, Hereward Living History and the Hereward Trail network remain the intellectual property of Hereward The Wake Ltd.

No Contractual Commitment

Nothing on this website constitutes or should be interpreted as forming a legally binding offer, acceptance, or contract unless expressly confirmed in writing by an authorised representative of Hereward The Wake Ltd.

Content Accuracy

Every effort is made to ensure the accuracy and reliability of the information presented. However, Hereward The Wake Ltd does not warrant that information is complete, accurate, or current and accepts no liability for any errors or omissions.

We reserve the right to amend or withdraw information, including events, projects, or initiatives, without prior notice.

Links to External Sites

This website may contain links to external websites or third-party content for convenience. Hereward The Wake Ltd is not responsible for the content, availability, or accuracy of such third-party sites and does not endorse or accept liability for any content or service provided therein. Access to such sites is at your own risk.

Viruses and Security

While we make reasonable efforts to ensure that our website and downloadable files are free from viruses or malicious code, Hereward The Wake Ltd accepts no responsibility for any damage, data loss, or system issues resulting from use of this website. Users are advised to use up-to-date virus protection software.

Limitation of Liability

To the fullest extent permitted by law, Hereward The Wake Ltd excludes all liability for any loss or damage, direct or indirect, arising from the use or inability to use this website, or reliance upon its content. This includes, without limitation, loss of data, business interruption, or loss of goodwill.

Data Protection and Privacy

Hereward The Wake Ltd complies with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Any personal information collected via this site will be processed in accordance with our Privacy Policy, which explains how we collect, store, and use your data.

Governing Law

These terms and all matters relating to this website are governed by and construed in accordance with the laws of England and Wales. Any disputes arising shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Company details

Hereward the Wake Ltd

Registered in England and Wales

Company No: 13332857

A guide to what constitutes 'Passing Off'

Legally, "passing off" is a common law tort that prevents a business from misrepresenting its goods or services as those of another, thereby unfairly benefiting from the other's reputation. To prove passing off, one must show the claimant has established goodwill and reputation in their brand, the defendant has made a misrepresentation that causes consumer confusion, and this has resulted in damage to the claimant.

Goodwill: The claimant must show they have built a reputation and goodwill in their goods, name, or brand through use in the marketplace. This is often referred to as the "attractive force which brings in custom".
Misrepresentation: The defendant must have made a false representation that leads the public to believe their goods or services are those of the claimant or are somehow connected to the claimant. This can be due to using a similar brand name, packaging, or "get-up".
Damage: The claimant must demonstrate that they have suffered, or are likely to suffer, damage to their goodwill as a result of the misrepresentation, such as lost sales or tarnished reputation.
Strict Liability: It is a strict liability tort, meaning the defendant's intention is irrelevant to the claim. It doesn't matter if the misrepresentation was deliberate or accidental.
Scope: Passing off can be used to protect a variety of brand elements, including unregistered trademarks, brand names, the overall look of a product, and even a celebrity's identity if they have a significant reputation associated with it. It can also occur online.