Members Terms of Use (Company)
INTRODUCTION
This page
(together with the documents referred to on it) is to be read together with the
Membership Agreement [HYPERLINK]
and tells the Member (“you”) the terms of use on which you may make use of
doubleglazing.com (the “Members’ Terms of Use”).
There shall be two
levels of membership of our site (“Membership”) available for purchase by
business entities. These levels shall be known as “Gold Membership”, “Silver
Membership” and “Bronze Membership”.
Details as to the
respective services provided for each level of membership can be found in the
following documents:
·
Services Provided to Gold Members
·
Services Provided to Silver Members
·
Services Provided to Bronze Members
Your Membership
Agreement sets out what level of Membership you have.
These Members’
Terms of Use shall apply to all levels of Membership. Please read these Members’
Terms of Use carefully before you start to use the site.
By using our site,
you indicate that you accept these Members’ Terms of Use and that you agree to
abide by them.
If you do not
agree to these Members’ Terms of Use, please do not use our site.
By registering
with or logging on to our site as a business, you represent that you have the
authority to legally bind that business.
You may not use
our site if your Membership has been suspended.
INFORMATION ABOUT
US
Doubleglazingcompanies.com (“our site”) is a site operated by
DoubleGlazingCompanies.com Limited ("We").
We are registered in England and Wales under company number 7465445 and have
our registered office at [75
Springfield Road, Chelmsford,
Essex, CM2 6JB].
Our main trading address is 4 Crittall Road, Witham,
Essex, CM8 3DR.
We are a limited
company.
1.
ACCESSING OUR SITE
1.1
Access to our site is permitted on a temporary basis, and we reserve
the right to withdraw or amend the service we provide on our site without
notice. We cannot guarantee continuous or secure access to our service.
We will not be liable if for any reason
our site is unavailable at any time or for any period.
1.2
From time to time, we may restrict access to some parts of our site,
or our entire site, to Members who have registered with us and/or to those users
with enhanced membership.
1.3
If you choose, or you are provided with, a user identification code,
password or any other piece of information as part of our security procedures,
you must treat such information as confidential, and you must not disclose it to
any third party. We have the right to disable any user identification code or
password, whether chosen by you or allocated by us, at any time, if in our
opinion you have failed to comply with any of the provisions of these Members’
Terms of Use.
1.4
When using our site, you must comply with the provisions of our
Acceptable Use Policy
1.5
You are responsible for making all arrangements necessary for you to
have access to our site. You are
also responsible for ensuring that all persons who access our site through your
internet connection are aware of these terms, and that they comply with them
2.
INTELLECTUAL PROPERTY RIGHTS
2.1 We are the owner
or the licensee of all intellectual property rights in our site, and in the
material published on it. Those
works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.2 You may print off
one copy, and may download extracts, of any page(s) from our site for your
personal reference and you may draw the attention of others within your
organisation to material posted on our site.
2.3 You must not modify the paper or digital copies of any materials (including, but not limited to text, illustrations, photographs, video or audio sequences and graphics) you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
2.4 You will
acknowledge the authorship /ownership of any materials which you copy, print off
or download.
2.5 You must not use any
part of the materials on our site for commercial purposes without obtaining a
licence to do so from us or our licensors.
2.6 If you print off,
copy or download any part of our site in breach of these Members’ Terms of Use,
your right to use our site will cease immediately and you must, at our option,
return or destroy any copies of the materials you have made.
3.
RELIANCE ON INFORMATION POSTE D
3.1 Commentary,
critique, comparisons and other information and materials posted on our site are
not intended to amount to advice on which reliance should be placed and you must
verify these matters for yourself.
We therefore are not liable and have no responsibility arising from any reliance
placed on such materials by any visitor to our site, or by anyone who may be
informed of any of its contents.
3.2 We are not under any
obligation to review the profiles of users or businesses, any listings or
uploaded content and we are not involved in any actual transaction or
communication between users and/or any businesses that are listed on our site.
3.3 We have no
control over and do not guarantee the quality, safety or fitness for purpose of
the goods or services provided by: the businesses listed on our site, the truth
or accuracy of any information provided, the truth or accuracy of feed back or
other content posted by users on our site. YOU MUST ENSURE THAT YOUR LISTINGS
ARE ACCURATE AND UP TO DATE AND MUST VERIFY ANY INFORMATION WHICH YOU ARE
INTENDING TO USE.
4. OUR
SITE CHANGES REGULARLY
We aim to update
our site regularly, and may change the content at any time. If the need arises,
we may suspend access to our site, or close it indefinitely. Any of the material
on our site may be out of date at any given time, and we are under no obligation
to update such material.
5. OUR
LIABILITY
5.1 Users may be able to
use our site to apply for information and documentation relating to the products
and services provided by you.
5.2 In the event that
users wish to order or apply for any such products or services, (whether or not
they have previously requested documentation or information using our site) they
should contact you directly.
5.3 Please be aware that
nothing on our site is, or shall be deemed to constitute, an offer by us, or any
third party to enter into any contract with you or any other member or user
relating to any product or service.
5.4 Any information
or documentation in relation to you or other Members (or the products and
services which you or they may offer) is not provided by us and is provided by
you or third parties over whom we have no control. We will not be responsible
for, or liable in relation to, such information, documentation, products or
services or any act, omission, error or default of you or any third party in
connection with such information, documentation, products or services.
5.5 If a user applies
for and/or obtains any information, documentation, products or services, that
user will be dealing with and, where appropriate, contracting with, you and you
will be responsible for providing the user with any such information,
documentation, products or services. All contracts will be formed directly
between you and the user
5.6 The material
displayed on our site is provided without any guarantees, conditions or
warranties as to its accuracy. To the extent permitted by law, we, other members
of our group of companies and third parties connected to us hereby expressly
exclude .
(a)
All conditions, warranties and other terms which might otherwise be
implied by statute, common law or the law of equity.
(b)
Any liability for any direct, indirect or consequential loss or damage
incurred by any user or member in connection with our site or in connection with
the use, inability to use, or results of the use of our site, any websites
linked to it and any materials posted on it, including, without limitation any
liability for:
·
loss of income or revenue;
·
loss of business;
·
loss of profits or contracts;
·
loss of anticipated savings;
·
loss of data;
·
loss of goodwill;
·
wasted management or office time;
and
·
for any other loss or damage of any kind, however arising and whether
caused by tort (including negligence), breach of contract or otherwise, even if
foreseeable, provided that this condition shall not prevent claims for loss of
or damage to your tangible property or any other claims for direct financial
loss that are not excluded by any of the categories set out above.
5.7 Nothing in these
Members’ Terms of Use affects our liability for death or personal injury arising
from our negligence, nor our liability for fraudulent misrepresentation or
misrepresentation as to a fundamental matter, nor any other liability which
cannot be excluded or limited under applicable law.
5.8 Any advice, views
or opinions, which is provided to you or made available on the site by a third
party does not represent our advice, views or opinions. Unless stated otherwise,
such advice, views or opinions will not be monitored, checked, reviewed,
endorsed or verified. We will not be responsible for, or liable in relation to
such advice, views or opinions or any act, omission, error or default of any
third party in connection with such advice, views or opinions.
6.
COMMUNICATING AND CONTRACTING WITH
USERS
6.1
Where you have listed a product or service on the site, users of the site
will be able to submit requests for information or documentation in relation to
that product using an automated system.
6.2
Where such a request is submitted by a user in relation to a product or
service listed by you on our site, you may be provided with:
(a)
notification that a request has been made;
(b)
details as to the product or service in respect of which the request has been
made;
(c)
the
contact details for the registered user who made the request; and
(d)
comments or clarification accompanying the request, as provided by the user, if
any.
6.3
Details relating to the user (including contact details) are provided by
the user and we accept no responsibility or liability for the accuracy of such
details. We do not accept any responsibility or liability for the content of any
comments or clarification accompanying the request.
6.4
You acknowledge that the user may not wish to progress matters after
having made the request for information or documentation (or, for the avoidance
of doubt, at any subsequent stage) and that they may no longer be interested in
receiving information or documentation relating to the products or services. You
acknowledge that it may not be possible for you to contact the user. If a user
does not wish to proceed or if you are unable to contact a user, we do not
accept any responsibility or liability in the event that.
6.5
You agree to deal professionally and fairly with any user making a
request for information or documentation and in subsequent interactions with
that user.
6.6
You agree not to do anything which may bring the site or
DoubleGlazingCompanies.com Limited into disrepute.
6.7
You will indemnify and keep indemnified DoubleGlazingCompanies.com
Limited from and against losses damages and costs (including legal costs)
resulting from any claim brought by any person against
DoubleGlazingCompanies.com Limited arising from your breach of these Members’
Terms of Use.
6.8
Some users may choose to provide contact details on their user profiles
or in other contributions to the site. You may not contact any user or make or
allow any use of information relating to a user other than in the course of
responding to a request for information or documentation made by that user and
to the extent the user has consented to such contact.
6.9
As is made clear by clause 5,5 above, all contracts are formed directly
between you and the user.
6.10
You agree to (and shall procure that any of your staff) comply with all
applicable laws and regulations relating to the processing of personal data and
privacy, including where applicable the guidance and codes of practice issued by
the Information Commissioner.
7.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process
information about you in accordance with our Privacy Policy. By using our site, you consent to
such processing and you warrant that all data provided by you is accurate.
8.
UPLOADING MATERIAL TO OUR SITE
8.1 Whenever you make
use of a feature that allows you to upload material to our site, or to make
contact with other users of our site, you must comply with the content standards
set out in ourAcceptable Use PolicyYou warrant that any such
contribution does comply with those standards, and you indemnify us for any
losses, costs and damages arising from any breach of that warranty.
8.2
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, modify (which, for the avoidance of doubt, shall include, among other things, the addition of a watermark), distribute and disclose to third parties any such material for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We also have the
right to disclose your identity to any third party who is claiming that any
material posted or uploaded by you to our site constitutes a violation of their
intellectual property rights, or of their right to privacy.
8.3 We will not be
responsible, or liable to any third party, for the content or accuracy of any
materials posted by you or any other user or member of our site.
8.4 We have the right to
remove any material or posting you make on our site if, in our opinion, such
material does not comply with the content standards set out in our Acceptable
Use Policy [HYPERLINK].
9.
VERIFICATION OF ACCREDITATIONS AND MEMBERSHIPS
9.1 You agree that we
may provide links to third party databases and websites in order to allow users
to verify whether you are a member of certain industry bodies or accreditation
schemes.
9.2 We have no
control over and are not responsible, for or liable in relation to, the accuracy
or content of any third party website or database.
10.
USER COMMENTS ON YOUR MEMBER PROFILE
10.1 Users will be able to upload
comments and reviews and provide ratings on a Member’s profile. If you wish to
disable the ability of users to upload comments and reviews and provide ratings
on your profile, you will be provided with the opportunity to do so.
10.2 If you have requested that such user comments, reviews and ratings are disabled, a statement to this effect will appear on your profile.
This statement is currently worded as follows:
“This company has requested that no reviews are posted about them.”
This statement is
currently worded as follows:
“This company has
requested that no reviews are posted about them."
11. VIRUSES, HACKING
AND OTHER OFFENCE
11.1 You must not misuse our site by
knowingly introducing viruses, spyware, adware, trojans, worms, logic bombs or
other material which is malicious or technologically harmful. You must not
attempt to gain unauthorised access to our site, the server on which our site is
stored or any server, computer or database connected to our site. You must not
attack our site via a denial-of-service attack or a distributed denial-of
service attack.
11.2 By breaching this provision, you
would commit a criminal offence under the Computer Misuse Act 1990. We will
report any such breach to the relevant law enforcement authorities and we will
co-operate with those authorities by disclosing your identity to them. In the
event of such a breach, your right to use our site will cease immediately.
11.3 We will not be liable for any
loss or damage caused by a distributed denial-of-service attack, viruses or
other technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of our
site or to your downloading of any material posted on it, or on any website
linked to it.
12. LINKING TO OUR
SITE
12.1 You may link to our home page,
provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a
way as to suggest any form of association, approval or endorsement on our part
where none exists.
12.2 You must not establish a link
from any website that is not owned by you unless you have obtained the express
consent of that website’s owner.
12.3 Our site must not be framed on
any other site, nor may you create a link to any part of our site other than the
home page. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with the
content standards set out in our Acceptable Use Policy
12.4 If you wish to make any use of
material on our site other than that set out above, please address your request
to info@doubleglazingcomapnies.com
13. LINKS FROM OUR
SITE
Where our site
contains links to other sites and resources provided by third parties, these
links are provided for your information only.
We have no control over the contents of those sites or resources, and
accept no responsibility for them or for any loss or damage that may arise from
your use of them
14. JURISDICTION AND
APPLICABLE LAW
14.1 These
Members’ Terms of Use and any dispute or claim arising out of or in connection
with them or their subject matter or formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance with the
law of England
and Wales.
14.2
The parties irrevocably agree that the courts of
England
and Wales
shall have exclusive jurisdiction to settle any dispute or claim that arises out
of or in connection with these Members’ Terms of Use
or its subject matter or formation (including
non-contractual disputes or claims).
15. NO AGENCY
Nothing in this Terms of Use is intended to, or shall be deemed to, establish
any partnership or joint venture between any of the parties, constitute any
party the agent of another party, nor authorise any party to make or enter into
any commitments for or on behalf of any other party.
16. BREACHES
Our failure to act
with respect to a breach by you or others does not prevent our right to act with
respect to subsequent or similar breaches of the Members’ Terms of Use.
17. VARIATIONS
We may revise
these Members’ Terms of Use at any time by amending this page. You are expected
to check this page from time to time to take notice of any changes we made, as
they are binding on you. Some of the provisions contained in these Members’
Terms of Use may also be superseded by provisions or notices published elsewhere
on our site.
18. YOUR CONCERNS
If you have any
concerns about material which appears on our site, please contact
info@doubleglazingcomapnies.com.
Thank you for
visiting our site.