Terms and Conditions of Website

IMPORTANT LEGAL NOTICE

ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE EQUIFLOOR WEBSITE UNDER THE EQUIFLOOR.CO.UK DOMAIN (“WEBSITE”) AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN EQUIFLOOR AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE EQUIFLOOR WEBSITE. USING THE EQUIFLOOR WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE EQUIFLOOR WEBSITE. THIS NOTICE IS ISSUED BY DURAMAT LIMITED (“EQUIFLOOR”).

IF YOU BUY GOODS ON THE WEBSITE, EQUIFLOOR TERMS AND CONDITIONS OF SALE WILL APPLY.

INTRODUCTION

  1. By browsing and/or using the EQUIFLOOR website , you agree to the following terms in their entirety. If you do not accept this legal notice in full, you must leave the EQUIFLOOR website immediately.
  2. ‘EQUIFLOOR’ and any other EQUIFLOOR product or service name referred to on the EQUIFLOOR website are trademarks of DURAMAT Limited.
  3. EQUIFLOOR, its affiliates, independent content providers and third parties provide content (information, communications, images and/or sounds contained on or available through the EQUIFLOOR website ). The contents of the EQUIFLOOR website are copyright © DURAMAT Limited or its affiliates, independent content providers or third parties. All rights reserved. The contents of the EQUIFLOOR website cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission from EQUIFLOOR. You agree that the material and content contained within or provided by the EQUIFLOOR website is for your own personal use and may not be used for commercial purposes or distributed commercially.
  4. You will be able to access the EQUIFLOOR website free of charge without registering your details with EQUIFLOOR.
  5. In certain cases EQUIFLOOR may not be able to provide the goods, or carry out some of its other duties under contract, because of something that is beyond EQUIFLOOR reasonable control. This could include war, act of terrorism, widespread goods, fuel or power shortages, fire, flood, severe weather, other natural disasters, equipment failure or an accident that is not EQUIFLOOR’s fault. If this happens then EQUIFLOOR will not be responsible for so long as the effects of the event continue for any failure to provide the goods. EQUIFLOOR will continue to try to provide the goods as soon as possible despite nay such events.
  6. You may have other rights granted to you by law in addition to those set out in these terms and conditions, which EQUIFLOOR may not exclude. These terms and conditions do not affect those other rights granted by law. If you wish to obtain further information about your rights, you should speak to your local Citizen’s Advice Bureau or Trading Standards Office.
  7. EQUIFLOOR may revise this legal notice at any time by updating this posting. You are advised to check the EQUIFLOOR website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the EQUIFLOOR website.
  8. The Terms & Conditions of Sale displayed when you make your purchase will also govern all orders and purchases made on the EQUIFLOOR website.
  9. You must be over eighteen years of age to make an order or purchase through the website.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

SERVICE ACCESS

  1. While we will use its reasonable endeavours to maintain the website in a fully operating condition, it will not be liable if for any reason the website is unavailable at any time or for any period. We are not responsible for the results of any defects that exist in the website.
  2. We will not be liable for any loss, liability, damage or expense of whatever kind arising, whether wholly or partly and whether directly or indirectly, in consequence of the use of, or any reliance placed upon, such information by the visitor or other person.
  3. We accept no liability for any inaccuracies or omissions in the website or for any other information obtained directly or indirectly from the website.
  4. While we endeavour to ensure that the information on the website is correct, it does not warrant the accuracy and completeness of the material on the website.
  5. We may suspend or vary the whole or any part of the service offered on the website for any reason, at any time at our sole discretion.
  6. We reserve the right to make changes and corrections to the website at any time without notice.
  7. We will not be liable for any telephone or other costs that may be incurred in connecting to the website.
  8. If your computer does not support relevant technology including but not limited to encryption, you may not be able to use certain services or access certain information on the website.

LICENCE

  1. You are permitted to print and download extracts from the EQUIFLOOR website for your own use on the following basis:
    • no part of the EQUIFLOOR website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without written permission from EQUIFLOOR;
    • no documents or related graphics on the EQUIFLOOR website are modified in any way;
    • no graphics on the EQUIFLOOR website are used separately from accompanying text; and
    • EQUIFLOOR’s copyright and trademark notices and this permission notice appear in all copies.
  2. Unless otherwise stated, the copyright and other intellectual property rights in all material on the EQUIFLOOR website (including, without limitation, photographs and graphical images) are owned by EQUIFLOOR or its licensors. For the purposes of this legal notice, any use of extracts from the EQUIFLOOR website other than in accordance with paragraph above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the EQUIFLOOR website automatically terminates and you must immediately destroy any downloaded or printed extracts from the EQUIFLOOR website.
  3. You may not mirror any material contained on the EQUIFLOOR website on any other server without the prior written consent of EQUIFLOOR. Any unauthorised use of the contents of the EQUIFLOOR website either under this clause or clause 11 above may be in breach of copyright laws, trademark laws or laws of England and Wales.

LINKS TO OTHER WEBSITES

  1. The service is accessed via the World Wide Web that is independent of the EQUIFLOOR website and EQUIFLOOR. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. EQUIFLOOR has no responsibility for any information or service obtained by you on the World Wide Web.
  2. Any links to third party websites on the EQUIFLOOR website are provided solely for your convenience. If you use these links, you leave the EQUIFLOOR website.

LINKS FROM OTHER WEBSITES

  1. If you would like to link to the EQUIFLOOR website, you may only do so on the basis that you link to, but do not replicate, the home page of the EQUIFLOOR website, and subject to the following conditions:
    • you do not remove, distort or otherwise alter the size or appearance of the EQUIFLOOR logo;
    • you do not create a frame or any other browser or border environment around the EQUIFLOOR website;
    • you do not in any way imply that EQUIFLOOR is endorsing any products or services other than its own;
    • you do not misrepresent your relationship with EQUIFLOOR nor present any other false information;
    • you do not otherwise use any trademarks displayed on the EQUIFLOOR website without express written permission from EQUIFLOOR;
    • you do not link from a website that is not owned by you; and
    • 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.
  2. EQUIFLOOR expressly reserves the right to revoke the right granted in paragraph 23.
  3. You shall fully compensate any loss or damage suffered by EQUIFLOOR or any of its affiliates for breach of paragraph 23.

VISITOR MATERIAL AND CONDUCT

  1. You agree not to cause, nor knowingly allow others to cause, any nuisance, hindrance or inconvenience, whether to EQUIFLOOR or any of its customers or users of the EQUIFLOOR website by any means. You agree not to use the EQUIFLOOR website to disseminate any material for which you have not obtained all necessary licences and/or approvals or which is technically harmful. You also agree not to disseminate any material that is defamatory, offensive or obscene or menacing in character, which may in EQUIFLOOR’s judgement cause nuisance, annoyance, inconvenience to EQUIFLOOR or others, or which is illegal. You will not use the EQUIFLOOR website such that you would cause the whole or part of the EQUIFLOOR website to be interrupted, damaged, rendered less efficient or impaired in any way.
  2. You will compensate EQUIFLOOR for all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by EQUIFLOOR as a result of any settlement agreed by EQUIFLOOR arising out or in connection any breach by you of paragraph 26 including without any claim by any third party.
  3. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the EQUIFLOOR website will be considered non-confidential and non-proprietary. EQUIFLOOR will have no obligations with respect to such material. EQUIFLOOR 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. A few areas of the EQUIFLOOR website may ask you to provide personal information that will enable EQUIFLOOR to use the information you provide to keep you informed of EQUIFLOOR’s latest products and services after your visit to the EQUIFLOOR website. The personal information will be used in accordance with EQUIFLOOR’s online Privacy Policy.
  5. EQUIFLOOR will fully co-operate with any law enforcement authorities or court order requesting or directing EQUIFLOOR to disclose the identity or locate anyone in breach of paragraphs.

LIMITATION OF LIABILITY

  1. EQUIFLOOR shall be liable for the death or personal injury arising from its negligence, or if EQUIFLOOR has deliberately lied to you where that lie caused you to enter into a contract with EQUIFLOOR.
  2. YOUR ATTENTION IS PARTICULARY DRAWN TO SECTIONS 32A, 32B AND 32C.
    1. EQUIFLOOR shall not be liable for any loss (except for those set out in clause 31 above) which were not reasonably foreseeable at the time of entering into a contract with EQUIFLOOR (whether or not caused by EQUIFLOOR’s negligence).
    2. For the liability not covered by 31 above, EQUIFLOOR will not be responsible for any loss that could not have been expected to occur in advance of the loss of occurring, or any loss of any opportunity by you (including an opportunity for you or someone else to make, save or use money).
    3. For all EQUIFLOOR’s liability not covered by 31 above, you accept that EQUIFLOOR’s maximum financial responsibility to you will be the price of the goods even if the actual loss you suffer is more than that.
    4. The price of the goods has been calculated on the basis that EQUIFLOOR will exclude or limit its liability as set out in the contract. If you want EQUIFLOOR to take on more liability then please let us know and EQUIFLOOR will let you have a revised price.

DISCLAIMER

  1. The material on the EQUIFLOOR website is provided ‘as is’, without any condition, warranty or other terms of any kind. Accordingly, to the maximum extent permitted by law, EQUIFLOOR provides you with the EQUIFLOOR website on the basis that EQUIFLOOR excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) that but for this legal notice might have effect in relation to the EQUIFLOOR website.
  2. EQUIFLOOR reserve the right to vary the terms of this contract from time to time, such variations becoming effective immediately upon posting of the varied Legal Statement on the EQUIFLOOR website. By continuing to use the EQUIFLOOR website, you will be deemed to accept such variation.

LIABILITY

  1. To the fullest extent permitted by law you agree, EQUIFLOOR shall not be liable to you or a third party for any indirect, special, 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 EQUIFLOOR website in any way or in connection with the use, inability to use or the results of use of the EQUIFLOOR website, any websites linked to the EQUIFLOOR website or the material on such websites.

APPLICABLE LAW

  1. These terms and conditions of sale and the supply of the goods will be subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.
  2. The following information is required by the Electronic Commerce (EC Directive) Regulations 2002. The EQUIFLOOR brand, website and its associated domain name ‘equifloor.co.uk’ is owned and operated exclusively by Trinitech Ltd and provided by way of a leasing agreement to DURAMAT Limited of Unit 6 Causeway End, Manningtree, Essex, CO11 2LH, United Kingdom. Email: help@equifloor.co.uk. VAT registration number GB329914083.