IMPORTANT LEGAL NOTICE

Version [1.0]: Version Date [20 Feb 2012]

 

ATTENTION: THIS IMPORTANT LEGAL NOTICE APPLIES TO ALL OF THE WEBSITES OPERATED BY IDEAL STANDARD (UK) LTD, THE BATHROOM WORKS, NATIONAL AVENUE, HULL, NORTH HUMBERSIDE, HU5 4HS, UNITED KINGDOM (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. 

 

1.             Introduction

 

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  Certain provisions of this legal notice may be supplemented or superseded by expressly designated legal notices or terms located on particular pages of the Sites. 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.             Licence

 

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.             Service Access

 

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.             Visitor Material and Conduct

 

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.             Links To and From Other Sites

 

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.             Disclaimer

 

6.1         Whilst Ideal Standard endeavours to ensure that the information and documentation on the Sites (hereinafter jointly referred to as the “material”) including, but not limited to, any CAD drawings, files, plans, CAD related information and other specifications provided, is correct, Ideal Standard makes no representations or warranties of any kind, express or implied, about the accuracy, completeness, reliability, suitability or availability 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.

 

6.3         In view of paragraphs 6.1 and 6.2, any reliance placed on the material is strictly at the risk of the party making use of the drawings and you shall have the obligation to verify all material provided by Ideal Standard. Without prejudice to paragraph 7, in no event will Ideal Standard be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, your use of the material.

 

7.             Liability

 

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.             Severability

 

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.             Termination

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.          General

 

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.          Governing Law and Jurisdiction

 

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 courts of London.

 

Ideal Standard (UK) Ltd

The Bathroom Works

National Avenue

Hull

East Yorkshire

HU5 5AJ

T +44 (0)1482 346461