Website Terms & Conditions

PMWI592                                                                                                                                                                                                                                                                            20.7.12
App. HK                                                                                                                                                                                                                                                                                Issue 1


1    Acceptance of Terms

1.1    This is the www.everbuild.co.uk website (the "Website") which is owned by Everbuild Building Products Limited (Company No. 2890352) of Site 41 Knowsthorpe Way, Cross Green Industrial Estate, Leeds LS9 0SW ("we", "us", "our").

1.2    Your access to and use of the Website is subject exclusively to these Terms and Conditions.  Please read these Terms and Conditions carefully.

1.3    By using the Website you are fully accepting these Terms and Conditions and our Privacy and Cookies Policy which sets out how we process your personal information and how the Website uses cookies.  If you do not accept these Terms and Conditions you must not use the Website.

1.4    We may change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such changed Terms and Conditions.

2    Use of the Website

2.1    You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

2.2    Unauthorised attempts to upload information or change information on this Website is illegal and strictly prohibited.

2.3    You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

3    Changes to the Website

3.1    We reserve the right to:

(a)    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/or
(b)    change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such changed terms and conditions.

4    Links to Third Party Websites

4.1    The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites or of the owners of such websites or of the goods and/or services offered on such third party websites and we do not accept any responsibility in respect of such.  We do not give any warranty as to the accuracy, reliability or content of any information or materials on such third party websites and shall not be liable for any loss or damage arising from their use.  You acknowledge and agree that we are not responsible for the content or availability of any such sites.

5    Copyright and Intellectual Property

5.1    All copyright, database rights, 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 us or our licensors.

5.2    Subject to condition 5.3 below, 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 the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial domestic use only.

5.3    Where you are an existing Everbuild customer and you have a current and valid account with us, we grant you a non-exclusive, revocable licence to use (but not edit) the Everbuild product images and product descriptions detailed on the Website solely for the purpose of displaying, promoting and selling our products in or on your business catalogue or website subject to you maintaining the quality, colour and resolution of all images and adhering to any and all brand guidelines we notify you of from time to time.  We reserve the right to terminate the licence granted in this condition

5.3 at any time with immediate effect upon giving you written notice.

5.4    No permission is given by us for use by any person of any intellectual property in the Website which may constitute an infringement of our intellectual property rights or the rights of any third party.

6    Disclaimers and Limitation of Liability

6.1    Although we have taken reasonable care to ensure that the information and material on the Website is accurate and up to date, we do not give any warranty or guarantee as to the accuracy, completeness or suitability of such information and material contained on the Website.  The content of the Website does not constitute advice and you use the Website at your own risk.  We are not responsible for any loss or damage arising from the use of such material and information including, without limitation, for any inaccuracy, misleading statement or representation made by any third party information provided for publication on this Website.

6.2    The Website is provided on an "AS IS" basis without any representation or endorsement made and without warranty of any kind whether express or implied.  Except as expressly set out in these terms and conditions any warranties, term and conditions implied by statute, common law or otherwise shall be excluded to the fullest extent permitted by law.

6.3    To the fullest extent permitted by law, we shall not be liable for any loss of profit; loss of business; loss of contract; loss of anticipated savings; loss of use; loss of or corruption to data or information; loss or depletion of goodwill or similar losses; or any special, indirect or consequential loss, costs or damage arising out of or in connection with your use of the Website.

6.4    We give no warranty regarding the functionality of the Website including without limitation that the Website will be available on an uninterrupted or error free basis; 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 and no liability can be accepted in respect of losses or damages arising out of such.  We recommend that you take all appropriate safeguards before downloading information or images from the Website.

6.5    Nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury caused as a result of negligence or for fraud or fraudulent misrepresentation.

7 General

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

7.2    These Terms and Conditions represent the entire understanding between you and us relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us relating thereto. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.

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

7.4    No failure or delay by us to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by us shall preclude or restrict the further exercise of that or any other right or remedy.

7.5    These Terms and Conditions do not create any right for any person who is not a party to it to enforce any term of these Terms and Conditions under the Contract (Rights of Third Parties) Act 1999.

8    Contact us

8.1  If you have any concerns about material which appears on the Website, please contact [email protected] or write to us at the address given at the top of these Terms and Conditions.