These Terms and Conditions shall apply to Your use of the Website located at www.oakbrookchimneyservices.co.uk (“the Site”).
By using the Site You agree to be bound by the Terms and Conditions which shall form a legal agreement between Us and You. If You do not agree to be bound by these Terms and Conditions, You may not use the Site.
As part of Our commitment to ensuring the Site is one You want to visit time and time again We welcome your comments on any of the policies or rules set out below. To contact Us please use the Contact Us form on the Site.
“Content” means any and all of the content and material comprising the Site including without limitation all text, graphics, photographs, audio and video. “Terms and Conditions” means these terms and conditions of use. “User Information” means the personal details which may be provided by You to Us via the Site. “Users” means the users of the Site collectively and/or individually as the context admits. “We/Us/Our” means Oakbrook Chimney Services. “Site” shall have the meaning as set out above. “Website” means a site on the World Wide Web. “You/Your” means You, the user.
2. ACCEPTABLE USE OF THE SITE
2.1 We insist that any use by You of the Site shall be in accordance with the following conditions:
2.1.1 You must not post onto or otherwise make available on the Site any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which does not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect.
2.1.2 You shall not post onto or otherwise make available on the Site any material which You do not own without the express permission of the owner of the material.
2.1.3 You may not copy, download, reproduce, republish, broadcast, transmit in any manner whatsoever, any Content except as is strictly necessary for Your own personal non-commercial use.
2.2 You shall be responsible for ensuring that You have in place at all times the equipment required to obtain access to this Website and that you pay all necessary access and usage fees.
2.3 When accessing and using this Website You shall comply with all applicable laws and regulations in the country from which You access the Website.
3. THIRD PARTY WEBSITES
3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Site, and do not endorse and are not responsible or liable for any content, advertising, products or services on or available from such Websites or material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from such Websites or material.
3.2 Any dealings between You and any advertisers or third party merchants found on or via the Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between You and the relevant advertiser or merchant. You agree not to hold Us liable for any loss or damage of any kind incurred as the result of any such dealings.
4. INTELLECTUAL PROPERTY
4.1 All copyright, trade marks and all other intellectual property rights in all Content shall remain at all times vested in Us or Our licensors. You are permitted to use this Content only as expressly authorised in writing by Us or Our licensors or in accordance with the Terms and Conditions and You may not and You agree not to assist or facilitate any third party to copy, reproduce, repurpose, transmit, distribute, commercially exploit or create derivative works of such Content.
4.2 If You become aware of any such distribution or commercial exploitation of the Content, You agree to notify Us immediately.
4.3 You acknowledge that by You posting materials on the Site, or otherwise transmitting them to Us, You grant to Us and Our licensors and assigns an irrevocable, perpetual royalty free worldwide licence to use such materials within the Site and in any other manner. The licence extends to copying, distributing, broadcasting, repurposing and otherwise transmitting, and adapting and editing the materials.
5. OUR RESPONSIBILITY/LIABILITY
5.1 Content which is posted on any bulletin boards or chat forums is written or produced by Users and We are not responsible for and give no endorsement of such Content. We reserve the right to monitor the contributions and may respond to or comment upon communications by You and edit, refuse to post or remove any Content from the bulletin boards and chat forums in Our absolute discretion. No failure to remove particular Content constitutes an endorsement or acceptance of it by Us.
5.2 To the extent permitted by law, We make no warranties, express or implied, as to the Content or the accuracy, timing or reliability of any information or statements contained therein, or statements, advice and opinions given by Users on the bulletin boards and chat forums which are those of such Users only. We neither endorse nor shall be held responsible for the reliability or accuracy of the same and We are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided on the Site. If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.
5.3 We will endeavour to provide the Site using all reasonable care. To the extent permitted by law, We exclude all implied warranties as to quality, accuracy or fitness of the Content and We do not warrant that the Content, any of the functions contained in the Site and the server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
5.4 We reserve the right, at any time, to modify, alter, or update these Terms and Conditions, and You agree to be bound by any such modifications, alterations or updates which are posted on the Site.
5.5 We shall not be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with Your use of the Site, whether direct or indirect, including, damage to software or hardware, damage for loss of business, loss of profits, or any other consequential loss. Nothing in these terms or conditions shall exclude or limit Our liability for death or personal injury resulting from the negligence of Us, our servants, agents or employees. If this clause is unenforceable in whole or in part then our total liability to You for all damages, losses, claims and expenses shall be no greater than the amount paid by you, if any, for accessing this Website.
6.1 We shall comply with applicable UK Data Protection legislation from time to time in place in respect of any User Information.
7.1 When using the Site, in particular any bulletin boards or chat forums, You should always take the following precautions:
7.1.1 keep Your identity private. Do not give out Your full name, postal address, telephone number, e-mail address, the name of your workplace or school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity;
7.1.2 never get together with someone You meet online; and
7.1.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable. Instead, let us know about them by emailing us using Contact Us Form.
You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by You or any other liabilities arising out of Your use of the Site.
We shall have the right immediately to terminate Your use of the Site if We determine in Our sole discretion that You have breached these Terms and Conditions or any other terms and conditions on the Site or have otherwise been engaged in conduct which We determine in Our sole discretion to be unacceptable.
Should You wish to make any comments to Us about the Site or if You have any questions relating to the same please contact Us using the Contact Us Form.
11.1 Invalidity etc
If any of these Terms and Conditions are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to have full force and effect.
Notices shall be sent to the e-mail address You provide us with in the case of notices sent by Us and to the relevant e-mail address as set out on this Website in the case of notices sent by You. Notices shall be deemed to have been delivered at the confirmed time of sending the e-mail.
11.3 Governing Law
These Terms and Conditions are governed by English law and both You and Us hereby submit to the non-exclusive jurisdiction of the English courts.