Agreement between HDC Ltd. and you
The Home Design Centre Limited (HDC
Ltd.) Website trading as CURTAINS-ON-LINE.COM is comprised of the Website and Services operated and provided
by HDC Ltd at http://www.curtains-on-line.com Access to the registration on the
www.curtains-on-line.com Website is offered to You upon your acceptance without modification
of the terms, conditions, and notices contained herein. Your use of
the www.curtains-on-line.com Website constitutes your agreement to all such terms, conditions,
and notices contained in or appended to this document.
1. DEFINITIONS
In this Agreement
the following terms shall have the following meanings:-
1.1. The term 'commencement date' means the date your registration is confirmed
by HDC Ltd.
1.2. "Acceptance
Date" means the date on which you agree to be bound by the terms and conditions
of this Agreement and not the date on which Your membership is confirmed
by www.curtains-on-line.com and the Services are provided to You by
www.curtains-on-line.com.
1.3. "Services"
means the www.curtains-on-line.com Website and any other service or facility provided by
HDC Ltd to You.
1.4. "Server"
means the computer server equipment used by HDC Ltd
in connection with the provision of the Services.
1.5. "Enhancement"
means any upgrade, improvement, modification or re-design of the Information
displayed on the Website.
1.6. "Website"
means the www.curtains-on-line.com Website [and any internet technology which encompasses
the HDC Ltd. service.]
1.7. "Material"
means all data in whatever form including text, photographic, graphic,
sound recording, bitmaps, films and video footage provided to HDC Ltd. by You. For the purposes of this definition any reference
to "You" shall include your agent or other person authorised by You (notice
of such authorisation having been given to HDC Ltd.) to provide such Material
to HDC Ltd.
1.8. "Information"
means the Material provided to, held and used on the HDC Ltd. database.
1.9. "Intellectual
Property Rights" means any and all patents, copyrights, trademarks, registered
and unregistered designs, and all other intellectual property rights protection
whatsoever.
2. MEMBERSHIP
REGISTRATION AND ACCOUNT SECURITY
2.1. To register
Your membership with www.curtains-on-line.com, You must complete the
registration process by providing www.curtains-on-line.com with current,
complete and accurate information as prompted by the applicable registration
form.
2.2. You
are entirely responsible for maintaining the confidentiality of your password,
user name and account details.
2.3. You
are entirely responsible for any and all activities that occur under your
account.
2.4. You
agree to notify www.curtains-on-line.com immediately of any unauthorized
use of your account or any other breach of security.
2.5. HDC Ltd. will not be liable for any loss that you may incur
as a result of someone else using your password or account, either with
or without your knowledge.
3. WEBSITE
CONTENT
3.1. You
recognise and accept that you bear sole responsibility for the content
of all Material provided by you to www.curtains-on-line.com. For the avoidance of doubt,
this clause shall apply to all Material, whether provided by You, or on
Your behalf by another person;
3.2. HDC Ltd. shall retain the right at all times to do all or
any of the following:-
3.2.1. to
add new features to the Website without Your prior consent
3.2.2. to
refuse to post any Material (even where You request its posting)
3.2.3. to
suspend availability to You of the Service or the Material on the Website
3.2.4. to
edit, shorten, extend or otherwise to amend or modify any Website content
whatsoever.
3.3. HDC
Ltd's rights under Clause 3.2 above shall be without prejudice to your
sole responsibility for Material provided by You under Clause 3.1 and to
the warranties given by You relating to that Material and content in Clause
4.1 below.
3.4. If at
any time in the future You do not wish to receive any marketing information
from www.curtains-on-line.com or a third party please notify www.curtains-on-line.com in accordance with the Data Protection and Privacy Policy
statement prevailing at the time.
4. YOUR
OBLIGATIONS
4.1. You
warrant, represent and undertake in relation to all Material submitted
by You to www.curtains-on-line.com that the Material is true and accurate
at the date of submission
4.2. You
accept full responsibility for any unauthorised access to or addition
of data to the Website or for any actions taken from the discovery of
any unauthorised information contained on the Website.
4.3. You
grant www.curtains-on-line.com an exclusive licence to use all Intellectual
Property Rights owned by You to promote the Website
5. ENHANCEMENTS
HDC Ltd. may effect any Enhancement to the Website at any time without
Your consent.
6. SERVICE AVAILABILITY
6.1. HDC Ltd. shall use its reasonable endeavours to provide the
Services but HDC Ltd. shall not, in any event, be liable
for interruptions of the Services available to You at any time or during
downtime of the Server;
6.2. HDC Ltd. shall have the right to suspend the Services at
any time and for any reason, generally without notice, but if such suspension
lasts or is to last for more than 30 days You will be notified of the
reason;
6.3. The
Services provided to You hereunder and Your account with HDC Ltd. cannot be transferred or used by anyone other than You. If such
account is found to have been transferred to another party, or shows other
activity in breach of this sub clause, HDC Ltd. shall
have the right to cancel the account and terminate the Services;
7. INDEMNITY
7.1. You
shall indemnify HDC Ltd. and keep it indemnified and
hold it harmless from and against any breach by You of this Agreement
and any claim brought against HDC Ltd. by a third party
resulting from the provision of Services by HDC Ltd.
and the Server including, without limitation, all claims, actions, proceedings,
losses, liabilities, damage, costs, expenses (including reasonable legal
costs and expenses), howsoever suffered or incurred by HDC Ltd. in consequence of Your breach or non-observance of this Agreement.
7.2. The
termination of this Agreement shall not affect the provisions of this
clause 8.1 which shall continue thereafter.
8. DISCLAIMER
8.1. HDC Ltd. expressly disclaims any responsibility, representation
or warranty either express or implied including without limitation:
8.1.1. for
the quality, operation, use, accuracy, or timeliness of, or the fitness
or use for any purpose of the Website or the Information;
8.1.2. for
any goods or services accessed, offered or obtained through the Website
or pursuant to the Information;
8.1.3. that
any access to the Website or the Information will be uninterrupted or
error free or that the Information on the Website does not contain any
viruses, or contaminating or destructive properties;
8.1.4. that
the Information will not be objectionable or offensive to You or any other
person;
8.1.5. for
any error, omission or misstatement in or arising from the Information.
8.2. HDC Ltd. does not endorse or recommend any person, organisation,
name, product or service referred to in the Information, nor does the
Information constitute HDC Ltd's views or opinions. HDC Ltd. will not be a party to any transaction between You and any third
person in any way relating to the Information or made through the Website
unless and only to the extent expressly stated in writing otherwise.
9. PAYMENT
9.1. HDC Ltd. reserves the right by giving notice to You, to review
and/or increase the price of the Services provided by HDC Ltd. to the You.
10. TERMINATION
Without in any way limiting HDC Ltd's rights under clause 3
10.1. HDC Ltd. may suspend the Services and/or terminate this Agreement
forthwith without notice to You.
10.2. If
You go into insolvent liquidation or suffer the appointment of an administrator
or administrative receiver or enter into a voluntary arrangement with
your creditors or any arrangement governed by the Insolvency (Northern
Ireland) Order 1989 (or equivalent legislation), HDC Ltd.
shall be entitled to terminate this Agreement forthwith without notice
to You.
10.3. On
termination of this Agreement or suspension of the Services, HDC Ltd. shall be entitled immediately to suspend the Services and
to remove all Information from the Website. HDC Ltd.
shall be entitled to delete all such Information, at its discretion. HDC Ltd. shall further be entitled to post such notice in
respect of the non-availability of Your Information as it thinks fit.
11. LIMITATION
OF LIABILITY
11.1. All
conditions, terms, representations and warranties relating to the Services
supplied under this Agreement, whether imposed by statute or operation
of law or otherwise, that are not expressly stated in these terms and
conditions including, without limitation, the implied warranty of satisfactory
quality and fitness for a particular purpose are hereby excluded, subject
always to subclause 13.2;
11.2. Nothing
in these terms and conditions shall exclude HDC Ltd's liability for death
or personal injury resulting from HDC Ltd's negligence;
11.3. HDC
Ltd's total aggregate liability to You for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the provision
of the Services shall be limited to the charges paid by You in respect
of the Services which are the subject of any such claim;
11.4. In
any event no claim shall be brought against HDC Ltd.
unless You have notified HDC Ltd. of the claim within
one year of it arising;
11.5. In
no event shall HDC Ltd. be liable to You for any loss
of business, contracts, profits or anticipated savings or for any other
indirect or consequential or economic loss whatsoever;
12. HDC
Ltd's RIGHT TO MODIFIY THESE TERMS OF USE
12.1. HDC Ltd. reserves the right to change the terms, conditions,
and notices under which the Website is offered, including but not limited
to the charges associated with the use of the Website or provision of
the Services.
12.2. You
are responsible for regularly reviewing these terms and conditions.
12.3. Your
continued use of the Website constitutes your agreement to all such terms,
conditions, and notices.
13. SEVERENCE
If
any of the clauses (or part of a clause) of this Agreement is, or becomes
invalid or unenforceable in any way under any law, the validity of the
remaining clauses (or part of a clause) will not in any way be affected
or impaired.
14. NOTICES
Any
notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as appearing
in this Agreement or ancillary application forms or such other address
as such party may from time to time have communicated to the other in
writing, and if sent by email shall unless the contrary is proved be deemed
to be received on the day it was sent or if sent by fax shall be deemed
to be served on receipt of an error free transmission report, or if sent
by recorded delivery shall be deemed to be served two days following the
date of posting.
15. LAW
This Agreement
shall be governed by and construed in accordance with the law of Northern
Ireland and both parties hereby submit to the exclusive jurisdiction of
the courts of Northern Ireland.
16. CUSTOMER COMPLAINTS
HDC Ltd. undertakes to seek to resolve any customer complaint within 3 weeks of written notification from the customer. In the very unusual case of the complaint being unresolved then the customer has the right to refer the dispute to the Financial Ombudsman Service.
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