3 WEBSITE USE AND SERVICES AND PRODUCTS
Any Valuation we provide to you or any indicative offers we make are not offers capable of acceptance but will be deemed as invitations to treat. If we supply you with goods or services following an Order then full details of the products and services that we will actually supply to you will be contained in a written agreement, which can only be varied in writing. Any photographs, samples, drawings, specifications, product details in any format or any form of advertising material shown by us to provide some indication of the products and services and are not part of the terms of your Order unless specifically stated within the Order. Nothing on the Website is, or shall be deemed to constitute, financial, investment or other advice. Anything on the Website, including any links to any other websites or information from it or anything whatsoever will not form a recommendation, endorsement, guarantee or warranty and you agree that we have no liability in this regard. Any Order with us is not binding on either party until it has been agreed by execution of a written contract. When you click on links you may be forwarded to third party websites, including those of Associates. We have no control or responsibility regarding third parties, Associates or any other websites. You are aware that you will enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreements. You specifically confirm that we cannot be held liable in this regard.
4 OUR OBLIGATIONS
5 CUSTOMER OBLIGATIONS
(1) By using the Website you confirm that you are aged 18 or over, are a resident of the United Kingdom and that you have read and understood and agree to be bound by the Terms. Where you are using the website on behalf of an organisation you confirm that you have the legal right to do so and that the organisation agrees to and permits the use of the Website generally.
(2) You agree that use of the Website is for non commercial purposes and that should you breach this condition then you will be liable to pay to us an amount for the use of the Website which you agree will be £100 for each and every such breach of this condition. You agree that this is not a penalty but is a liquidated damages clause. For the avoidance of doubt, each and every page view of the Website, for commercial purposes, will be deemed to be a breach of this condition.
(3) You agree to use the Website for its intended and legal purposes and to abide by any and all relevant laws. This includes not using the Website fraudulently, nor using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software, process or program.
(4) It is your responsibility to:
(a) confirm that you have the legal right to use the Website and our services and products;
(b) ensure that any product or service meets your needs. We advise that you take independent advice; and
(c) supply us with accurate, valid and current information which is free from any defects including but not limited to viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of the Website or the websites of third parties or any other technology.
(5) You will be liable for any expenses incurred by us as a result of your failure to comply with your obligations and you agree to indemnify us for any losses that we may incur as a result of your failure to comply with your obligations.
6 COPYRIGHT & INTELLECTUAL PROPERTY
(1) The Website and all the content (including text, images, marks and logos), with the exception of any advertisements and anything on licence from copyright holders, is subject to copyright which belongs to us. This means that users have a licence to simply use the Website but this does not convey any rights of ownership to you nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between us.
(2) Specifically, all users agree that without our express written agreement specifically for that user, they will not breach any copyright in respect of information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically includes that you will not adapt, interfere with, copy, reproduce, modify, assign, make derivative works, distribute or in any way publicly display, create Internet “links” to the service or “frame” or “mirror” the Website or any part or content on any other server or wireless or Internet-based device, reverse engineer, or access the services in any way to build a product using similar ideas, function, or which is in any way similar to the Website.
We reserve the right to assign any and all of our rights or obligations under the Terms. However, unless you have our prior written consent, you can not assign rights or obligations or delegate any duties under the Terms.
For any notice to have legal effect it must be made in writing. Notices to you from us shall be deemed to have been received by you if sent by post to the address you have provided. Notices sent by you to us should be sent to the address set out in section 1 and will only be deemed to be received if actually received by us.
9 LIMITATION OF LIABILITY
(1) Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or our agents. However, we will not be liable for any other loss or damage, however caused, as a result of any negligence by us, our employees or our agents, including out of negligence relating to or in any way connected to any installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, or any part of the provision or uses of the website or the Terms.
(2) You are aware that products and services may be provided by Associates. If you proceed to obtain products and services with those associates then you will be bound by their terms and conditions and it is your sole responsibility to ensure that you understand such terms and conditions before you enter into an agreement with them. We are not responsible or liable for any loss or damage you may suffer or incur in connection with any third party product or service you obtain after using the Website or for any acts, omissions, errors or defaults of any third party in connection with that product or service.
(3) We will never be liable to you or any third party for any direct, indirect, incidental or consequential loss of profit or any other economic loss or damage whatsoever, whether or not such loss or damage was foreseeable at the date of your use of the Website or the date of the Order, as applicable.
(4) Other than those implied by law where you are dealing as a consumer, in the event of our breaching any of the Terms, your remedies are limited to damages which, in no circumstance whatsoever, will exceed the price of any products or services.
(5) We cannot guarantee that the Website or any services provide will be uninterrupted, secure or error-free. We make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the Website nor in respect of any e-mail or document which we provide. We are not responsible for any loss or damage whatsoever caused or resulting from the use or a failure to provide the Website or for any virus or defect as a result of any e-mail or document we send.
(6) We have made every effort to ensure that any products are displayed as accurately as possible but cannot be responsible for variations. What you see depends on your monitor and settings and we cannot guarantee this will be accurate.
10 DATA PROTECTION & INFORMATION
Nothing in these Terms and no express or implied waiver by us in enforcing any of our rights under the Terms shall prejudice our rights to do so in the future.
12 FORCE MAJEURE
We will not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, general strikes, lock outs, failure of any communications including telecommunications or computer systems, pandemics or epidemics, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of our obligations.
13 INVALIDITY & SEVERANCE
Each clause or any part at all of the Terms is to be regarded as independent of the others. This means that should any clause or any part of the Terms be found to be unenforceable or invalid it will be severed and will not affect the enforceability or validity of the rest of the Terms.
(1) The Terms supersede any and all prior representations, understandings and agreements between you and us.
(2) We reserve the right to vary the Terms at any time and such variation takes effect when they are updated on the Website.
15 GOVERNING LAW AND JURISDICTION
The Terms shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.