Last Updated 17 February 2020
1. Agreement to Terms
1.1
These Terms and Conditions constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (you), and Headway Displays, located at 31 hardie green, cannock, staffordshire, WS11 6DX United Kingdom (we, us), concerning your access to and use of the Headway Displays (https://www.headwaydisplays.uk) website as well as any related applications (the Site).
The Site provides the following services: Online marketplace that sells display cases to consumers (Services).
You agree that by accessing the Site and/or Services, you have read,
understood, and agree to be bound by all of these Terms and Conditions.
If
you do not agree with all of these Terms and Conditions, then you are
prohibited from using the Site and Services and you must discontinue use
immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The
supplemental policies set out in Section 1.7 below, as well as any
supplemental terms and condition or documents that may be posted on the
Site from time to time, are expressly incorporated by reference.
1.3 We
may make changes to these Terms and Conditions at any time. The updated
version of these Terms and Conditions will be indicated by an updated
“Revised” date and the updated version will be effective as soon as it
is accessible. You are responsible for reviewing these Terms and
Conditions to stay informed of updates. Your continued use of the Site
represents that you have accepted such changes.
1.4 We
may update or change the Site from time to time to reflect changes to
our products, our users' needs and/or our business priorities.
1.5 Our site is directed to people residing in United Kingdom.
The information provided on the Site is not intended for distribution
to or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such
jurisdiction or country.
1.6 The
Site is intended for users who are at least 18 years old. If you are
under the age of 18, you are not permitted to register for the Site or
use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
● Our Privacy Notice http://privacy-notice.uk,
which sets out the terms on which we process any personal data we
collect from you, or that you provide to us. By using the Site, you
consent to such processing and you warrant that all data provided by you
is accurate.
● Our Acceptable Use Policy http://acceptable-use-policy,
which sets out the permitted uses and prohibited uses of the Site. When
using the Site, you must comply with this Acceptable Use Policy.
● Our Cookie Policy http://cookie-policy.uk, which sets out information about the cookies on the Site.
● If you purchase physical goods from the Site, our terms and conditions of supply http://terms-of-supply.uk will apply to the sales.
2. Acceptable Use
2.1 Our full Acceptable Use Policy http://acceptable-use-policy, sets out all the permitted uses and prohibited uses of this site.
2.2 You
may not access or use the Site for any purpose other than that for
which we make the site and our services available. The Site may not be
used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
2.3 As a user of this Site, you agree not to:
● Systematically
retrieve data or other content from the Site to a compile database or
directory without written permission from us
● Make
any unauthorized use of the Site, including collecting usernames and/or
email addresses of users to send unsolicited email or creating user
accounts under false pretenses
● Use the Site to advertise or sell goods and services
● Circumvent,
disable, or otherwise interfere with security-related features of the
Site, including features that prevent or restrict the use or copying of
any content or enforce limitations on the use
● Engage in unauthorized framing of or linking to the Site
● Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords
● Make improper use of our support services, or submit false reports of abuse or misconduct
● Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools
● Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
● Attempt to impersonate another user or person, or use the username of another user
● Sell or otherwise transfer your profile
● Use any information obtained from the Site in order to harass, abuse, or harm another person
● Use
the Site or our content as part of any effort to compete with us or to
create a revenue-generating endeavor or commercial enterprise
● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
● Attempt to access any portions of the Site that you are restricted from accessing
● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
● Delete the copyright or other proprietary rights notice from any of the content
● Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
● Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material that interferes with any party’s uninterrupted
use and enjoyment of the Site, or any material that acts as a passive
or active information collection or transmission mechanism
● Use,
launch, or engage in any automated use of the system, such as using
scripts to send comments or messages, robots, scrapers, offline readers,
or similar data gathering and extraction tools
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
● Use the Site in a manner inconsistent with any applicable laws or regulations
● Falsely imply a relationship with us or another company with whom you do not have a relationship
3. Information you provide to us
3.1 You
represent and warrant that: (a) all registration information you submit
will be true, accurate, current, and complete and relate to you and not
a third party; (b) you will maintain the accuracy of such information
and promptly update such information as necessary; (c) you will keep
your password confidential and will be responsible for all use of your
password and account; (d) you have the legal capacity and you agree to
comply with these Terms and Conditions; and (e) you are not a minor in
the jurisdiction in which you reside, or if a minor, you have received
parental permission to use the Site.
If
you know or suspect that anyone other than you knows your user
information (such as an identification code or user name) and/or
password you must promptly notify us at mail@headwaydisplays.uk.
3.2 If
you provide any information that is untrue, inaccurate, not current or
incomplete, we may suspend or terminate your account. We may remove or
change a user name you select if we determine that such user name is
inappropriate.
3.3
As part of the functionality of the Site, you may link your account
with online accounts you may have with third party service providers
(each such account, a Third Party Account) by either:
(a) providing your Third Party Account login information through the
Site; or (b) allowing us to access your Third Party Account, as is
permitted under the applicable terms and conditions that govern your use
of each Third Party Account.
You
represent that you are entitled to disclose your Third Party Account
login information to us and/or grant us access to your Third Party
Account without breach by you of any of the terms and conditions that
govern your use of the applicable Third Party Account and without
obligating us to pay any fees or making us subject to any usage
limitations imposed by such third party service providers.
3.4
By granting us access to any Third Party Accounts, you understand that
(a) we may access, make available and store (if applicable) any content
that you have provided to and stored in your Third Party Account (the “Social Network Content”)
so that it is available on and through the Site via your account,
including without limitation any friend lists; and (b) we may submit
and receive additional information to your Third Party Account to the
extent you are notified when you link your account with the Third Party
Account.
Depending
on the Third Party Accounts you choose and subject to the privacy
settings that you have set in such Third Party Accounts, personally
identifiable information that you post to your Third Party Accounts may
be available on and through your account on the Site. Please note that
if a Third Party Account or associated service becomes unavailable or
our access to such Third Party Account is terminated by the third party
service provider, then Social Network Content may no longer be available
on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please
note that your relationship with the third party service providers
associated with your third party accounts is governed solely by your
agreement(s) with such third party service providers. We make
no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality or
non-infringement, and we are not responsible for any Social Network
Content.
You
acknowledge and agree that we may access your email address book
associated with a Third Party Account and your contacts list stored on
your mobile device or tablet computer solely for purposes of identifying
and informing you of those contacts who have also registered to use the
Site. At your email request to mail@headwaydisplays.uk
or through your account settings (if applicable), we will deactivate
the connection between the Site and your Third Party Account and attempt
to delete any information stored on our servers that was obtained
through such Third Party Account, except the username and profile
picture that became associated with your account.
4. Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content).
You understand and agree that your User Content may be viewed by other
users on the Site, and that they may be able to see who has posted that
User Content.
4.2 You
further agree that we can use your User Content for any other purposes
whatsoever in perpetuity without payment to you, and combine your User
Content with other content for use within the Site and otherwise. We do
not have to attribute your User Content to you.
4.3 In
posting User Content, including reviews or making contact with other
users of the Site you shall comply with our Acceptable Use Policy http://acceptable-use-policy.
4.4 You
warrant that any User Content does comply with our Acceptable Use
Policy, and you will be liable to us and indemnify us for any breach of
that warranty. This means you will be responsible for any loss or damage
we suffer as a result of your breach of this warranty.
4.5 We
have the right to remove any User Content you put on the Site if, in
our opinion, such User Content does not comply with the Acceptable Use
Policy.
4.6 We
are not responsible and accept no liability for any User Content
including any such content that contains incorrect information or is
defamatory or loss of User Content. We accept no obligation to screen,
edit or monitor any User Content but we reserve the right to remove,
screen and/or edit any User Content without notice and at any time. User
Content has not been verified or approved by us and the views expressed
by other users on the Site do not represent our views or values
4.7 If you wish to complain about User Content uploaded by other users please contact us at mail@headwaydisplays.uk.
5. Our content
5.1 Unless
otherwise indicated, the Site and Services including source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
5.2 Except
as expressly provided in these Terms and Conditions, no part of the
Site, Services or Our Content may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
permission.
5.3 Provided
that you are eligible to use the Site, you are granted a limited
licence to access and use the Site and Our Content and to download or
print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use.
5.4 You
shall not (a) try to gain unauthorised access to the Site or any
networks, servers or computer systems connected to the Site; and/or (b)
make for any purpose including error correction, any modifications,
adaptions, additions or enhancements to the Site or Our Content,
including the modification of the paper or digital copies you may have
downloaded.
5.5 We
shall (a) prepare the Site and Our Content with reasonable skill and
care; and (b) use industry standard virus detection software to try to
block the uploading of content to the Site that contains viruses.
5.6 The
content on the Site is provided for general information only. It is not
intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from
taking, any action on the basis of the content on the Site.
5.7 Although
we make reasonable efforts to update the information on our site, we
make no representations, warranties or guarantees, whether express or
implied, that Our Content on the Site is accurate, complete or up to
date.
6. Link to third party content
6.1 The
Site may contain links to websites or applications operated by third
parties.We do not have any influence or control over any such third
party websites or applications or the third party operator. We are not
responsible for and do not endorse any third party websites or
applications or their availability or content.
6.2 We
accept no responsibility for adverts contained within the Site. If you
agree to purchase goods and/or services from any third party who
advertises in the Site, you do so at your own risk. The advertiser, and
not us, is responsible for such goods and/or services and if you have
any questions or complaints in relation to them, you should contact the
advertiser.
7. Site Management
7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4)
remove from the Site or otherwise disable all files and content that
are excessive in size or are in any way a burden to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Site and
Services.
7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
7.3 You
are responsible for configuring your information technology, computer
programs and platform to access the Site and you should use your own
virus protection software.
8. Modifications to and availability of the Site
8.1 We
reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice. We
also reserve the right to modify or discontinue all or part of the
Services without notice at any time.
8.2 We
cannot guarantee the Site and Services will be available at all times.
We may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in interruptions,
delays, or errors. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or
use the Site or Services during any downtime or discontinuance of the
Site or Services.We are not obliged to maintain and support the Site or
Services or to supply any corrections, updates, or releases.
8.3 There
may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Services, including
descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and
to change or update the information at any time, without prior notice.
9. Disclaimer/Limitation of Liability
9.1 The
Site and Services are provided on an as-is and as-available basis. You
agree that your use of the Site and/or Services will be at your sole
risk except as expressly set out in these Terms and Conditions. All
warranties, terms, conditions and undertakings, express or implied
(including by statute, custom or usage, a course of dealing, or common
law) in connection with the Site and Services and your use thereof
including, without limitation, the implied warranties of satisfactory
quality, fitness for a particular purpose and non-infringement are
excluded to the fullest extent permitted by applicable law.
We
make no warranties or representations about the accuracy or
completeness of the Site’s content and are not liable for any (1) errors
or omissions in content: (2) any unauthorized access to or use of our
servers and/or any and all personal information and/or financial
information stored on our server; (3) any interruption or cessation of
transmission to or from the site or services; and/or (4) any bugs,
viruses, trojan horses, or the like which may be transmitted to or
through the site by any third party. We will not be responsible for any
delay or failure to comply with our obligations under these Terms and
Conditions if such delay or failure is caused by an event beyond our
reasonable control.
9.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
● We
do not exclude or limit in any way our liability to you where it would
be unlawful to do so. This includes liability for death or personal
injury caused by our negligence or the negligence of our employees,
agents or subcontractors and for fraud or fraudulent misrepresentation.
● If
we fail to comply with these Terms and Conditions, we will be
responsible for loss or damage you suffer that is a foreseeable result
of our breach of these Terms and Conditions, but we would not be
responsible for any loss or damage that were not foreseeable at the time
you started using the Site/Services.
If you are a business user:
We
will not be liable to you for any loss or damage, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise,
even if foreseeable, arising under or in connection with:
● use of, or inability to use, our Site/Services; or
● use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
● loss of profits, sales, business, or revenue;
● business interruption;
● loss of anticipated savings;
● loss of business opportunity, goodwill or reputation; or
● any indirect or consequential loss or damage.
If you are a consumer user:
● Please
note that we only provide our Site for domestic and private use. You
agree not to use our Site for any commercial or business purposes, and
we have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
● If
defective digital content that we have supplied, damages a device or
digital content belonging to you and this is caused by our failure to
use reasonable care and skill, we will either repair the damage or pay
you compensation.
● You
have legal rights in relation to goods that are faulty or not as
described. Advice about your legal rights is available from your local
Citizens' Advice Bureau or Trading Standards office. Nothing in these
Terms and Conditions will affect these legal rights.
10. Term and Termination
10.1 These
Terms and Conditions shall remain in full force and effect while you
use the Site or Services or are otherwise a user of the Site, as
applicable. You may terminate your use or participation at any time, for
any reason, by following the instructions for terminating user accounts
in your account settings, if available, or by contacting us at mail@headwaydisplays.uk.
10.2 Without
limiting any other provision of these Terms and Conditions, we reserve
the right to, in our sole discretion and without notice or liability,
deny access to and use of the Site and the Services (including blocking
certain IP addresses), to any person for any reason including without
limitation for breach of any representation, warranty or covenant
contained in these Terms and Conditions or of any applicable law or
regulation.
If
we determine, in our sole discretion, that your use of the
Site/Services is in breach of these Terms and Conditions or of any
applicable law or regulation, we may terminate your use or participation
in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
10.3 If
we terminate or suspend your account for any reason set out in this
Section 9, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right
to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
11. General
11.1 Visiting
the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Site, satisfy any legal requirement that such communication be
in writing.
You
hereby agree to the use of electronic signatures, contracts, orders and
other records and to electronic delivery of notices, policies and
records of transactions initiated or completed by us or via the Site.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by other than
electronic means.
11.2 These
Terms and Conditions and any policies or operating rules posted by us
on the Site or in respect to the Services constitute the entire
agreement and understanding between you and us.
11.3 Our
failure to exercise or enforce any right or provision of these Terms
and Conditions shall not operate as a waiver of such right or provision.
11.4 We may assign any or all of our rights and obligations to others at any time.
11.5 We
shall not be responsible or liable for any loss, damage, delay or
failure to act caused by any cause beyond our reasonable control.
11.6 If
any provision or part of a provision of these Terms and Conditions is
unlawful, void or unenforceable, that provision or part of the provision
is deemed severable from these Terms and Conditions and does not affect
the validity and enforceability of any remaining provisions.
11.7 There
is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms and Conditions or
use of the Site or Services.
11.8 For consumers only -
Please note that these Terms and Conditions, their subject matter and
their formation, are governed by English law. You and we both agree that
the courts of England and Wales will have exclusive jurisdiction expect
that if you are a resident of Northern Ireland you may also bring
proceedings in Northern Ireland, and if you are resident of Scotland,
you may also bring proceedings in Scotland. If you have any complaint or
wish to raise a dispute under these Terms and Conditions or otherwise
in relation to the Site please follow this link http://ec.europa.eu/odr
11.9 For business users only
- If you are a business user, these Terms and Conditions, their subject
matter and their formation (and any non-contractual disputes or claims)
are governed by English Law. We both agree to the exclusive
jurisdiction of the courts of England and Wales.
11.10 A person
who is not a party to these Terms and Conditions shall have no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce any
term of these Terms and Conditions.
11.11 In
order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us by
email at mail@headwaydisplays.uk or by post to:
Headway Displays
31 hardie green
cannock, staffordshire, WS11 6DX
United Kingdom