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Ideal Standard International Spares website terms and conditions
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IMPORTANT LEGAL NOTICE
ATTENTION: THIS IMPORTANT LEGAL NOTICE APPLIES TO ALL OF THE
WEBSITES OPERATED BY IDEAL STANDARD INTERNATIONAL BVBA AND ITS AFFILIATES
(REFERRED TO IN THIS IMPORTANT LEGAL NOTICE AS "IDEAL STANDARD",
"WE", "OUR" AND "US") AND TO ANY CORRESPONDENCE
BY EMAIL BETWEEN US AND YOU (“SITES”). ANY REFERENCES TO "YOU" OR
"YOUR" ARE TO YOU THE USER. PLEASE READ THESE TERMS CAREFULLY BEFORE
USING ANY OF THE SITES. USING ANY OF THE SITES INDICATES THAT YOU ACCEPT THESE
TERMS. YOUR USE OF PARTICULAR SITES OR SERVICES MAY BE SUBJECT TO ADDITIONAL
TERMS SET OUT ELSEWHERE ON THE SITES.
YOUR USE OF THOSE PARTICULAR SITES AND SERVICES INDICATES THAT YOU
ACCEPT THOSE ADDITIONAL TERMS.
Contents
1. Introduction. 1
2. Licence. 1
3. Service Access. 2
4. Visitor Material and Conduct 2
5. Links To and From Other Sites. 2
6. Disclaimer 3
7. Liability. 3
8. Severability. 4
9. Termination. 4
10. General 4
11. Governing Law and Jurisdiction. 4
1.1
By accessing any part of the Sites, you shall be deemed to have
accepted this legal notice in full. If
you do not accept this legal notice in full, you must leave the Sites immediately.
1.2
Ideal Standard may revise this
legal notice at any time by updating this posting. You should check the "Important Legal
Notice" link on the Sites from
time to time to review our current legal notice because it is binding on
you. Certain provisions of this legal
notice may be supplemented or superseded by expressly designated legal notices
or terms located on particular pages of the Sites.
2.1
You are permitted to print and
download extracts from the Sites only for personal, non-commercial use on the
following basis:
2.1.1
no documents or related
graphics on the Sites are modified in any way;
2.1.2
no graphics on the Sites are
used separately from accompanying text; and
2.1.3
the Ideal Standard copyright
notice (currently: © 2008 Ideal Standard. All rights reserved.) appears in all
copies together with any additional copyright notices appearing on the Site
which is the source of the copy.
2.2
Unless otherwise stated, the copyright
and other intellectual property rights in all material on the Sites (including
without limitation trade marks, logos, brands, trading names, photographs and
graphic images), are owned by Ideal Standard or its licensors. For the purposes of this legal notice, any
use of extracts or material from the Sites other than in accordance with
paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal
notice, your permission to use the Sites automatically terminates and you must
immediately destroy any downloaded or printed extracts from the Sites.
2.3
Subject to paragraph 2.1, no
part of the Sites may be reproduced or stored in any other website or included
in any public or private
electronic retrieval system or service without Ideal Standard’s prior written
permission.
2.4
Any rights not expressly
granted in these terms are reserved.
3.1
Whilst Ideal Standard
endeavours to ensure that the Sites are normally available 24 hours a day,
Ideal Standard will not be liable if for any reason all or any part of the
Sites are unavailable at any time or for any period.
3.2
Access to all or any part of
the Sites may be suspended temporarily and without notice in the case of system
failure, maintenance or repair or for reasons beyond Ideal Standard’s control.
3.3
If you have been assigned a
login ID and password for access to restricted sections of the Sites, you are
responsible for all activities executed under your login ID and password and
are the only one who may use it. To meet this responsibility, you agree to keep
your login ID and password confidential. Allowing another
person to use your login ID and passwords, using a login ID and password
assigned to another person, or attempting to gain access to resources for which
you are not authorised is a serious breach of these terms.
3.4
The information held on the
restricted areas of the Sites is CONFIDENTIAL
and PRIVATE PROPERTY. Access to such information
is only authorised for authorised users of the restricted areas of the Sites
accessing information in accordance with these terms and conditions.
Unauthorised access may incur criminal penalties and damages. YOU ARE ONLY PERMITTED ACCESS TO RESTRICTED
SECTIONS OF THE SITES IF YOU ARE AN AUTHORISED USER.
4.1
Other than personal
information, which is covered under our Privacy
Policy, any material you transmit or post to the Sites will be
considered non-confidential
and non-proprietary. Ideal Standard will
have no obligations with respect to such material. Ideal Standard and its designees will be free
to copy, disclose, distribute, incorporate and otherwise use such material and
all data, images, sounds, text, and other things embodied therein for any and
all commercial or non-commercial purposes.
4.2
You are prohibited from posting
or transmitting to or from any of the Sites any material:
4.2.1
that is threatening,
defamatory, obscene, indecent, seditious, offensive, pornographic, abusive,
liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which may cause
annoyance or inconvenience; or
4.2.2
for which you have not obtained
all necessary licences and/or approvals; or
4.2.3
constitutes or encourages
conduct that would be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of, or infringe the rights of
any third party enforceable in any other country in the world; or
4.2.4
which is technically harmful
(including, without limitation, computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other malicious software or
harmful data).
4.3
You may not misuse the Sites
(including, without limitation, by hacking).
4.4
Ideal Standard will fully
cooperate with any law enforcement authorities or court order requesting or
directing Ideal Standard to disclose the identity or locate anyone posting any
material in breach of paragraph 4.2 or 4.3.
5.1
Links to third party websites
on the Sites are provided solely for your convenience. If you use these links,
you leave the Sites. Ideal Standard has
not reviewed all of these third party websites and does not control and is not
responsible for these websites or their content. Thus, Ideal Standard does not
endorse or make any representations about them, or any material found there, or
any results that may be obtained from using them. If you decide to access any
of the third party websites linked to the Sites, you do so entirely at your own
risk.
5.2
If you would like to link to
the Sites, you may only do so on the basis that you link to, but do not
replicate, one or more of the home pages
of the Sites and subject to the following conditions:
5.2.1
You do not remove, distort or otherwise alter the
size or appearance of the brands and logos appearing on the Sites;
5.2.2
You do not create a frame or
any other browser or border environment around the Sites:
5.2.3
You do not in any way imply
that Ideal Standard is endorsing any products or services other than its own;
5.2.4
You do not misrepresent your
relationship with Ideal Standard nor present any other false information about
Ideal Standard;
5.2.5
You do not otherwise use any
Ideal Standard trade marks displayed on any of the Sites without express
written permission from Ideal Standard; and
5.2.6
Your website does not contain
content that is distasteful, offensive or controversial, infringes any
intellectual property rights or other rights of any other person or otherwise
does not comply with all applicable laws and regulations.
5.3
Ideal Standard expressly
reserves the right to revoke the right granted in paragraph 5.2 for breach
of these terms and take any action it
deems appropriate.
5.4
You shall fully indemnify Ideal
Standard for any loss or damage suffered by Ideal Standard or any of its group companies
for breach of paragraph 5.2.
6.1
Whilst Ideal Standard
endeavours to ensure that the information on the Sites is correct, Ideal
Standard does not warrant the accuracy and completeness of the material on the
Sites. Ideal Standard may make changes
to the material on the Sites, or to the products described, at any time without
notice. The material on the Sites may be
out of date, and Ideal Standard makes no commitment to update the material on
the Sites.
6.2
The material provided on the
Sites is provided "as is" without any conditions, warranties or other
terms of any kind. Accordingly, to the maximum extent permitted by law, Ideal
Standard provides you with the Sites on the basis that Ideal Standard excludes
all representations, warranties, conditions and other terms including, without
limitation, those described in paragraphs 6.2.1 to 6.2.3 inclusive below:
6.2.1
As to satisfactory quality,
fitness for purpose and the use of reasonable care and skill.
6.2.2
As to the non-infringement of
any third party's intellectual property rights of any content published or made
available through the Sites.
6.2.3
As to any server or other
software or hardware that makes the Sites available being free of viruses or
other disruptive code which may infect, harm or cause damage to your computer
equipment or any other property when you access, browse, download from or
otherwise use the Sites.
7.1
Ideal Standard, any other party
(whether or not involved in creating, producing, maintaining or delivering this
Site), and any of Ideal Standard’s
group companies and the officers, directors, employees, shareholders or agents
of any of them exclude all liability and responsibility for any amount or kind
of loss or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages or
any loss of income, profits, goodwill, data, contracts, use of money, or loss
or damages arising from or connected in any way to business interruption and
whether in tort (including without limitation negligence), contract or
otherwise) in connection with the Sites in any way or in connection with the
use, inability to use, or the results of use of the Sites, any websites linked to the Sites, or the material on such websites including but not limited
to loss or damage due to viruses that may infect your computer equipment,
software, data or other property on account of your access to, use of, or
browsing the Sites or your
downloading of any material from the Sites
or any websites linked to this Sites.
7.2
To the extent that it is not
possible under applicable law to exclude liability as described in paragraph
7.1, then in no event shall the aggregate liability of Ideal Standard, any
other party (whether or not involved in creating, producing, maintaining or
delivering this Site), any of Ideal Standard's group companies and the
officers, directors, employees, shareholders or agents of any of them, exceed
£10,000 (ten thousand pounds sterling).
7.3
Nothing in this legal notice
shall exclude or limit Ideal Standard’s liability (i) for death or personal
injury caused by Ideal Standard's negligence; (ii) for fraud and intent; or
(iii) for any liability to the extent the same cannot be excluded or limited
under applicable law.
7.4
If your use of material on the Sites results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs
thereof.
8.1
Each provision of this legal
notice is severable and distinct from the others. If any provision is or at any time becomes to
any extent invalid, illegal or unenforceable under any enactment or rule of
law, it shall to that extent be deemed not to form part of this legal notice,
but (except to that extent in the case of that provision) it and all other provisions
of this legal notice shall continue in full force and effect and their
validity, legality and enforceability shall not be affected or impaired as a
result.
9.1
We will be entitled to
immediately terminate your use of all or any part of the Sites if we consider
that you have failed to comply with any of these terms and conditions.
10.1
Our failure to exercise or
enforce any rights or provision of these terms shall not constitute a waiver of
such right or provision unless acknowledged and agreed by us in writing. You
are not entitled to assign all or any of your rights or obligations under these
terms. The section titles in these terms and conditions are solely used for
your and our convenience and have no legal or contractual significance.
11.1
This legal notice shall be
governed by and construed in accordance with English law. Disputes arising in connection with this
legal notice shall be subject to the exclusive jurisdiction of the English
courts in London.
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