- Definitions and interpretation
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site; and
“we/us/our” means Owen Elves trading as Furniture Men UK of 5 Coronation Road, Melksham, Wiltshire, SN12 7PE.
- Access to our Site
2.1 Access to our Site is free of charge.
2.2 It is your responsibility to make all arrangements necessary to access our Site.
2.3 Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
- Intellectual property rights
3.1 All Content on our Site and the intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us.
3.2 Subject to clause 3.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store or in any other manner re-use Content from our Site unless we have given our prior written consent.
3.3 You may:
3.3.1 access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app);
3.3.2 download our Site (or any part of it) for caching; and
3.3.3 print pages from our Site,
in each case for your personal use and information only.
3.4 You may not use any Content saved or downloaded from our Site for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so.
- Links to other websites
We may include links to other websites on our Site. Unless expressly stated, these sites are not under our control. We do not accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
5.1 Nothing on our Site constitutes advice on which you should rely. It is provided for general information purposes only.
5.2 To the extent permitted by law, we make no representation, warranty, or guarantee that our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
5.3 We make reasonable efforts to ensure that the Content on our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
- Our liability
6.1 To the extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site.
6.2 To the extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Site or any Content included on our Site.
6.3 Our Site is intended for non-commercial use only. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
6.4 We exercise reasonable skill and care to ensure that our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs because of your use of our Site (including the downloading of any Content from it) or any other site referred to on our Site.
6.5 We do not assume or accept responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes.
6.6 Nothing in these Terms excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot legally be excluded or limited.
- Viruses, malware and security
7.1 We exercise reasonable skill and care to ensure that our Site is secure and free from viruses and other malware.
7.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
7.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site.
7.4 You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site.
7.5 You must not attack our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
7.6 By breaching the provisions of clauses 7.3 to 7.5 you may be committing a criminal offence under the Computer Misuse Act 1990. All such breaches will be reported to law enforcement authorities and we will co-operate fully with them by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach.
- Acceptable usage policy
8.1 You may only use our Site in a manner that is lawful. Specifically, you must:
8.1.1 comply fully with all relevant laws and regulations;
8.1.2 not use our Site in any way, or for any purpose, that is unlawful or fraudulent;
8.1.3 not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
8.1.4 not use our Site in any way, or for any purpose, that is intended to harm any person(s) in any way.
8.2 We may suspend or terminate your access to our Site if you materially breach the provisions of this clause 8 or any of the other provisions of these Terms. Specifically, we may:
8.2.1 suspend, whether temporarily or permanently, your right to access our Site;
8.2.2 issue you with a written warning;
8.2.3 take legal proceedings against you for reimbursement of all relevant costs on an indemnity basis resulting from your breach;
8.2.4 take further legal action against you as appropriate;
8.2.5 disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
8.2.6 any other actions which we deem reasonably appropriate (and lawful).
8.3 We hereby exclude all liability arising out of any actions (including, but not limited to, those set out above) that we may take in response to breaches of these Terms.
- Privacy and cookies
- Changes to these Terms
10.1 We may alter these Term at any time. Any such changes will become binding on you upon your first use of our Site after the changes have been implemented. You should therefore check this page from time to time.
10.2 If there is any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail.
- Contacting us
To contact us, please email us at email@example.com or using any of the methods provided on our contact page at www.furnituremen.co.uk/contact.
- Law and jurisdiction
12.1 These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
12.2 If you are a consumer, any disputes concerning these Terms, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.
12.3 If you are a business, any disputes concerning these Terms, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.