TERMS OF USE

of www.duraweld.co.uk

 

This website, www.duraweld.co.uk, (“the Website”) is provided as a free service to you by Duraweld Limited (“we”, “us” , “our” or “ourselves”).  Our company registration number is 07027865 and our registered address is at 12 Alma Square, Scarborough, North Yorkshire YO11 1JU.   Our correspondence address is Salter Road, Scarborough, North Yorkshire YO11 3UP.  Our VAT number is GB 982 0839 92.


1. ACCEPTANCE OF TERMS

Your access to and use of the Website is subject exclusively to these Terms of Use. You must not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. Your use of this Website constitutes your acceptance of these Terms of Use and the Privacy Policy.  If you do not accept these Terms of Use you must immediately stop using the Website. These Terms of Use do not deal with the terms upon which we may supply Goods (as defined in our Online Terms and Conditions of Sale (please click here to see a copy)) to you although they do contain terms which are relevant to orders for Goods, such as in relation to your use of the Website’s Goods Configurator.  If you purchase any Goods from the Website you will be bound by our Online Terms and Conditions of Sale (click here to see a copy) which form part of these Terms of Use.  Any personal information we collect from you shall only be used in accordance with our Privacy Policy (a copy of which can be viewed by clicking here) which also forms part of these Terms of Use. 


2. INFORMATION ONLY

The contents of the Website are provided as an information source only. Unless expressly and specifically stated as otherwise they do not constitute advice and should not be relied upon in making or refraining from making, any decision. 


3. CHANGES TO WEBSITE

We reserve the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal; and

3.2 change these Terms of Use at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. If we make any substantial changes we will notify you by posting a notice on the Website. You can view the current version of the Terms of Use at any time by clicking on the Terms of Use link on the homepage of the Website. 


4. LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others. Once you leave this Website, whether or not you realise you are doing so, we are not responsible for the material on the other website that you enter nor are we responsible if such website is unavailable. Any link to other websites is not an endorsement of such websites and we exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of such external website material causing any damage, costs, injury or financial loss of any kind.


5. COPYRIGHT

5.1 This Website is owned by Duraweld Limited and is protected by copyright, database and other intellectual property rights. All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to us  or otherwise used by us  as permitted by law.  Nothing contained in the Website shall be construed as granting any licence or right to use any trade mark displayed on this Website without the prior written consent of the relevant trade mark owner.  Your misuse or infringement of any of the trade marks displayed on the Website is strictly prohibited. 

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without our prior written consent save for  the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.


6.  USE OF THE GOODS CONFIGURATOR
6.1  The goods configurator function on the Website (“Goods Configurator”) allows you to design and place orders for Goods which are made to your specification.  It also allows you to personalise the Goods by uploading material (which for the avoidance of doubt in this clause shall include but not be limited to images, pictures, photographs and words) to be incorporated into the design of the Goods. 
6.2  By using the Goods Configurator you agree to abide by the following terms:
6.2.1  You accept full responsibility for any material which you upload to the Website when using the Goods Configurator and the Goods produced as a result (to the extent of such material) and acknowledge and agree that if you breach this Term 6 you may be personally liable to any third party which suffers harm as a result of the inclusion of such material in the design of the Goods.
6.2.2   You agree not to upload to the Goods Configurator any material which is protected by copyright, trade mark, confidentiality or other proprietary right without the express permission of the owner of such copyright, trade mark, confidential information or any other proprietary right and you will solely be liable for damages resulting from any infringement of the same.
6.2.3  You agree not to upload to the Goods Configurator any files which contain viruses, or files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party, and you will be solely responsible for any damages in relation to any claims that may arise because you uploaded files that caused damage to the operation of our or another person’s software, hardware or telecommunications equipment
6.2.4  You agree not to upload to the Goods Configurator any material which is inaccurate, defamatory, abusive, offensive, pornographic, racist, sexist, threatening, vulgar, obscene, hateful or otherwise inappropriate.
6.2.5  You agree not to upload to the Goods Configurator any material the uploading of which, or use of which in the design of the Goods, may constitute a criminal offence or give rise to civil liability.
6.2.6   You agree not to upload to the Goods Configurator any images of, or material which contains a reference to, a third party without the consent of the third party.
6.2.7  You agree to indemnify and keep indemnified us, our successors and assigns, our directors, officers, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us arising in connection with your breach of any of this Term 6. 

 

7.  USE OF THE MY ACCOUNT FACILITY
7.1  By creating an account and each time you enter an email address and password to log in on the Website you agree:
7.1.1 to keep your password secure at all times and to contact us by emailing [info@duraweld.co.uk] or calling [telephone number] immediately if you suspect or have reason to believe it may no longer be secure;

7.1.2  not to use any other user’s identity to log in to the Website or to impersonate any person or to assume a false identity;

7.1.3  to the inclusion of your past, current and future order details (including but not limited to those placed via the Website, in writing or by telephone) and any personal information which you provide us with on the secure area of the Website.  These will be available for you to see each time you log in. 

7.1.4  if you place an order and choose the option to pay using your account with us, you warrant that you are either the account holder or are authorised by the account holder to place the order on behalf of the account holder.
7.2  We are entitled to assume that if the log-in credentials for an account registered with us are used that the person using those credentials is the account holder.

7.3  Once you have logged in it is possible to review the progress of your order. This is provided for information purposes only and should not be relied upon as a definitive confirmation of the status of your order.   If you have a specific query in relation to an order please email us at [info@duraweld.co.uk] or call [telephone number].
7.4  If you save a design for Goods which you have designed using the Goods Configurator and log out of the Website without placing an order you acknowledge and accept that the design may or may not be saved within your account and that the price of the Goods may be different to the price originally displayed when you next log in to the Website.

 

8. DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and to the extent permitted by law without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

8.2 To the extent permitted by law we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

8.3 We make no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

8.4 Nothing in these Terms of Use shall be construed so as to exclude or limit our liability for death or personal injury as a result of the negligence of ourselves or  our employees or agents.


9. INDEMNITY

You agree to indemnify and hold Duraweld Limited and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Duraweld Limited arising out of any breach by you of these Terms of Use or other liabilities arising out of your use of this Website.


10. SEVERANCE

If any of these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.


11. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.


12. ENQUIRIES

If you have any queries or comments regarding this Website or the information contained on it please contact us either by writing to us at our correspondence address which is Customer Services, Duraweld Limited, Salter Road, Scarborough, North Yorkshire YO11 3UP, by emailing us at info@duraweld.co.uk or by telephoning on +44 (0) 1723 584091. 

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