| Website Terms
and Conditions |
| (1) Introduction
|
| These terms
and conditions govern your use of our website; by using our website,
you accept these terms and conditions in full. If you disagree with
these terms and conditions or any part of these terms and conditions,
you must not use our website. You must be at least 18 years of age
to use our website. By using our website and by agreeing to these
terms and conditions you warrant and represent that you are at least
18 years of age |
| (2) Licence
to use website |
| Unless otherwise
stated, we or our licensors own the intellectual property rights
in the website and material on the website. Subject to the licence
below, all these intellectual property rights are reserved. You
may view, download for caching purposes only, and print pages from
the website for your own personal use, subject to the restrictions
set out below and elsewhere in these terms and conditions. |
| You must not:
|
| (a) republish
material from this website (including republication on another website);
|
| (b) sell,
rent or sub-license material from the website; |
| (c) show any
material from the website in public; |
| (d) reproduce,
duplicate, copy or otherwise exploit material on our website for
a commercial purpose |
| (e) edit
or otherwise modify any material on the website; or |
| (f) redistribute
material from this website except for content specifically and expressly
made available for redistribution (such as our newsletter). Where
content is specifically made available for redistribution, it may
only be redistributed within your organisation. |
| (3) Acceptable
use |
| You must not
use our website in any way that causes, or may cause, damage to
the website or impairment of the availability or accessibility of
the website; or in any way which is unlawful, illegal, fraudulent
or harmful, or in connection with any unlawful, illegal, fraudulent
or harmful purpose or activity. You must not use our website to
copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer
virus, Trojan horse, worm, keystroke logger, rootkit or other malicious
computer software. You must not conduct any systematic or automated
data collection activities (including without limitation scraping,
data mining, data extraction and data harvesting) on or in relation
to our website without our express written consent. You must not
use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing
without our express written consent. |
| (4) Restricted
access |
| Access to
certain areas of our website is restricted. We reserve the right
to restrict access to areas of our website, or indeed our whole
website, at our discretion. If we provide you with a user ID and
password to enable you to access restricted areas of our website
or other content or services, you must ensure that that user ID
and password is kept confidential. We may disable your user ID and
password in our sole discretion without notice or explanation. |
| 5) User
generated content |
| In these
terms and conditions, "your user content" means material (including
without limitation text, images, audio material, video material
and audio-visual material) that you submit to our website, for whatever
purpose. You grant to us a worldwide, irrevocable, non-exclusive,
royalty-free licence to use, reproduce, adapt, publish, translate
and distribute your user content in any existing or future media.
You also grant to us the right to sub-license these rights, and
the right to bring an action for infringement of these rights. Your
user content must not be illegal or unlawful, must not infringe
any third party's legal rights, and must not be capable of giving
rise to legal action whether against you or us or a third party
(in each case under any applicable law). You must not submit any
user content to the website that is or has ever been the subject
of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to
our website, or stored on our servers, or hosted or published upon
our website. Notwithstanding our rights under these terms and conditions
in relation to user content, we do not undertake to monitor the
submission of such content to, or the publication of such content
on, our website. |
| (6) Limited
warranties |
| We do not
warrant the completeness or accuracy of the information published
on this website; nor do we commit to ensuring that the website remains
available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all
representations, warranties and conditions relating to this website
and the use of this website (including, without limitation, any
warranties implied by law of satisfactory quality, fitness for purpose
and/or the use of reasonable care and skill). |
| (7) Limitations
and exclusions of liability |
| Nothing in
these terms and conditions will: (a) limit or exclude our or your
liability for death or personal injury resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent
misrepresentation; (c) limit any of our or your liabilities in any
way that is not permitted under applicable law; or (d) exclude any
of our or your liabilities that may not be excluded under applicable
law. The limitations and exclusions of liability set out in this
Section and elsewhere in these terms and conditions: (a) are subject
to the preceding paragraph; and (b) govern all liabilities arising
under the terms and conditions or in relation to the subject matter
of the terms and conditions, including liabilities arising in contract,
in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services
on the website are provided free-of-charge, we will not be liable
for any loss or damage of any nature. We will not be liable to you
in respect of any losses arising out of any event or events beyond
our reasonable control. We will not be liable to you in respect
of any business losses, including (without limitation) loss of or
damage to profits, income, revenue, use, production, anticipated
savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption
of any data, database or software. We will not be liable to you
in respect of any special, indirect or consequential loss or damage. |
| (8) Indemnity
|
| You hereby
indemnify us and undertake to keep us indemnified against any losses,
damages, costs, liabilities and expenses (including without limitation
legal expenses and any amounts paid by us to a third party in settlement
of a claim or dispute on the advice of our legal advisers) incurred
or suffered by us arising out of any breach by you of any provision
of these terms and conditions, or arising out of any claim that
you have breached any provision of these terms and conditions |
| (9) Breaches
of these terms and conditions |
| Without prejudice
to our other rights under these terms and conditions, if you breach
these terms and conditions in any way, we may take such action as
we deem appropriate to deal with the breach, including suspending
your access to the website, prohibiting you from accessing the website,
blocking computers using your IP address from accessing the website,
contacting your internet service provider to request that they block
your access to the website and/or bringing court proceedings against
you. |
| (10) Variation |
| We may revise
these terms and conditions from time-to-time. Revised terms and
conditions will apply to the use of our website from the date of
the publication of the revised terms and conditions on our website.
Please check this page regularly to ensure you are familiar with
the current version. |
| (11) Assignment
|
| We may transfer,
sub-contract or otherwise deal with our rights and/or obligations
under these terms and conditions without notifying you or obtaining
your consent. You may not transfer, sub-contract or otherwise deal
with your rights and/or obligations under these terms and conditions.
|
| (12) Severability
|
| If a provision
of these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect. If any unlawful and/or unenforceable
provision would be lawful or enforceable if part of it were deleted,
that part will be deemed to be deleted, and the rest of the provision
will continue in effect. |
| (13) Exclusion
of third party rights |
| These terms
and conditions are for the benefit of you and us, and are not intended
to benefit any third party or be enforceable by any third party.
The exercise of our and your rights in relation to these terms and
conditions is not subject to the consent of any third party |
| (15) Law
and jurisdiction |
| These terms
and conditions will be governed by and construed in accordance with
English law, and any disputes relating to these terms and conditions
will be subject to the exclusive jurisdiction of the courts of England
and Wales. |
| (16) Registrations
and authorisations |
| We are registered
with FENSA. You can find the online version of the register at
fensa.org.uk . Our registration number is 32557 Our VAT
number is 934 2398 12 |
| (17) Our
details |
| The full
name of our company is Custom House Windows Limited . We are registered
in England under registration number 6814696. Our registered address
is 37 St Margarets Street Canterbury Kent CT1 2TU. You can contact
us by email to info@customhousewindows.co.uk.
|
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| These terms
and conditions are based on a form created and distributed by Website
Law and Template Contracts |