Terms of Website Use
1. INTRODUCTION
1. These terms of use (together with the documents referred to in them) govern your use of our website www.imperial-bathrooms.co.uk, www.imperial-bathrooms.com and other affiliated sites owned and operated by Imperial (the “Site”). Please read these terms of use carefully before you start to use the Site. By using the
Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Site.
2. Imperial Bathrooms Ltd (“Imperial”) operates the Site. Imperial is
registered in England and Wales under company number 02019738 and
has its registered office at Units 1-7 Empire Industrial Estate, Brickyard
Road, Aldridge, Walsall, WS9 8UD, UK. Imperial is a limited company
with VAT number 559478482.
2. ACCESSING THE SITE
1. Access to the Site is permitted on a temporary basis, and Imperial reserves the right to withdraw or amend the service Imperial provides on the Site without notice. Imperial will not be liable if for any reason the Site is unavailable at any time or for any period.
2. From time to time, Imperial may restrict access to some parts of the Site, or the entire site, to users who have registered with us.
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. Imperial has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in Imperial’s opinion you have failed to comply with any of the provisions of these terms of use.
4. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
3. INTELLECTUAL PROPERTY RIGHTS
1. Imperial is the owner or the licensee of all intellectual property rights in the
Site, and in the material published on it. In particular, the design and content of the Site (including images of Imperial’s products) are protected by copyright owned by Imperial or are used under licence from a third party. Neither the content nor any part of it may be used except as provided in these terms of use and provided for in the text on the Site without the prior written permission of Imperial. Imperial neither guarantees nor represents that your use of materials displayed on the Site will not infringe any third party rights.
2. The trade marks and logos displayed on the Site (the “Trade Marks”) include the registered and unregistered Trade Marks of Imperial and other businesses. Nothing in these terms of use on the Site may be construed as granting any licence or right to use any of the Trade Marks without the prior written permission of Imperial or other proprietor of the Trade Marks. Any use of the Trade Marks or any other content on the Site except as provided in these terms of use is strictly prohibited.
3. You may, subject to the above paragraph, download one copy of the materials contained in or displayed on the Site and print off pages of the Site for non-commercial personal use only provided that:
1. you do not remove or alter any copyright and other proprietary notices contained on the materials; and
2. all use is for lawful purposes only.
4. Neither the content of the Site nor any part of it may be distributed, reproduced, modified, transmitted, reused, re-posted or used for public or commercial purposes without Imperial’s prior written permission.
5. You must not modify the paper or digital copies of any materials 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.
6. Imperial’s status (and that of any identified contributors) as the authors of
material on the Site must always be acknowledged.
7. If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at Imperial’s option, return or destroy any copies of the materials you have made.
4. OUR SITE CHANGES REGULARLY
1. Imperial aims to update the Site regularly, and may change the content at any time. If the need arises, Imperial may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and Imperial is under no obligation to update such material.
5. RELIANCE ON INFORMATION POSTED
1. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. Imperial therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
6. OUR LIABILITY
1. The materials contained in or displayed on this Site are provided “as is” and without guarantees, conditions, warranties or representations of any kind either expressed or implied.
2. To the extent permitted by law, Imperial and third parties connected to us hereby expressly exclude:
1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
1. loss of income or revenue;
2. loss of business;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss of data;
6. loss of goodwill;
7. wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
3. This does not affect Imperial’s liability for death or personal injury arising from Imperial’s negligence, nor Imperial’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
1. Imperial processes information about you in accordance with its privacy policy By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
8. TRANSACTIONS CONCLUDED THROUGH OUR SITE
1. Contracts for the supply of goods formed through the Site or as a result of visits made by you are governed by Imperial’s Terms and Conditions of Supply.
9. TRANSMITTING MATERIAL TO OUT SITE
1. Any communication or material you upload and/or transmit to the Site will be treated as non-confidential and non-proprietary but Imperial shall comply with its privacy policy in respect of any personal information you send us. Anything you transmit shall subject to Imperial’s privacy policy become the exclusive property of and may be used by Imperial at any time and for any purpose. Subject to Imperial’ privacy policy, Imperial has the right to use, copy, distribute and disclose to third parties any such material for any purpose. Furthermore, Imperial is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
10. PROHIBITED USES
1. You must use the Site in accordance with these terms of use and only for lawful purposes. Prohibited uses include but are not limited to using the Site:
1. in any way that breaches any applicable local, national or international law or regulation;
2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3. for the purpose of harming or attempting to harm minors in any way;
4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware as more specifically set out in section 11 below (Viruses, Hacking and Other Offences);
6. to disseminate any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
7. to gain unauthorised access to other computer systems; or
8. to interfere with or disrupt networks or websites connected to Imperial.
2. You also agree not to access without authority, interfere with, damage or
disrupt:
1. any part of the Site;
2. any equipment or network on which the Site is stored;
3. any software used in the provision of the Site; or
4. any equipment or network or software owned or used by any third party.
11. VIRUSES, HACKING AND OTHER OFFENCES
1. You must not misuse the Site 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 Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Imperial will report any such breach to the relevant law enforcement authorities and Imperial will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
3. Imperial and any other party involved in producing or delivering the Site assume no responsibility, and shall not be liable for any loss or damage to, or viruses that may infect, your computer equipment, computer programs, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any website linked to it.
12. LINKING TO THE SITE
1. You may link to the Site’s home page, provided you do so in a way that is fair and legal and does not damage Imperial’s 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 Imperial’s part where none exists.
2. You must not establish a link from any website that is not owned by you.
3. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. Imperial reserves the right to withdraw linking permission without notice.
13. LINKS FROM THE SITE
1. Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Imperial has 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.SUSPENSION AND TERMINATION
1. Imperial will determine, in its discretion, whether there has been a breach of these terms of use through your use of the Site. When a breach has occurred, Imperial may take such action as it deem appropriate.
2. Failure to comply with these terms of use constitutes a material breach upon which you are permitted to use the Site, and may result in Imperial taking all or any of the following actions:
1. immediate, temporary or permanent withdrawal of your right to use the Site;
2. issue of a warning to you;
3. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
4. further legal action against you;
5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3. Imperial excludes liability for actions taken in response to breaches of these terms of use. The responses described above are not limited, and Imperial may take any other action it reasonably deems appropriate.
15.VARIATIONS
1. Imperial may revise these 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 Imperial made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.
16. COMMUNICATIONS
1. Imperial controls and operates the Site from its registered office stated above. All communications regarding this website should be emailed to marketing@imperial-bathrooms.co.uk or sent to The Marketing Department, Imperial Bathroom Ltd, Units 1-7 Empire Industrial Estate, Brickyard Road, Aldridge, Walsall, WS9 8UD, UK. This also applies to enquiries regarding your personal information and/or Imperial’s privacy policy.
17. GOVERNING LAW
1. You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the Site.
2. These 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 English law and the English courts will have exclusive jurisdiction over any claim arising from, or relating to, them.
Thank you for visiting the Site.
These Terms of Use were last updated: April 2020