IMPORTANT LEGAL NOTICE
ATTENTION: THIS IMPORTANT LEGAL NOTICE APPLIES TO ALL OF THE
WEBSITES OPERATED BY IDEAL STANDARD INTERNATIONAL BV BA AND ITS
AFFILIATES (REFERRED TO IN THIS IMPORTANT LEGAL NOTICE AS "IDEAL
STANDARD", "WE", "OUR" AND "US") AND TO ANY CORRESPONDENCE BY EMAIL
BETWEEN US AND YOU (“SITES”). ANY
REFERENCES TO "YOU" OR "YOUR" ARE TO YOU THE USER. PLEASE READ
THESE TERMS CAREFULLY BEFORE USING ANY OF THE SITES. USING ANY OF
THE SITES INDICATES THAT YOU ACCEPT THESE TERMS. YOUR USE OF
PARTICULAR SITES OR SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS SET
OUT ELSEWHERE ON THE SITES. YOUR USE OF THOSE PARTICULAR
SITES AND SERVICES INDICATES THAT YOU ACCEPT THOSE ADDITIONAL
TERMS.
1. Introduction
1.1 By accessing any part of the Sites, you shall be deemed to have
accepted this legal notice in full. If you do not accept this
legal notice in full, you must leave the Sites immediately.
1.2 Ideal Standard may revise this legal notice at any time by
updating this posting. You should check the "Important Legal
Notice" link on the Sites from time to time to review our current
legal notice because it is binding on you. Certain provisions
of this legal notice may be supplemented or superseded by expressly
designated legal notices or terms located on particular pages of
the Sites.
2. Licence
2.1 You are permitted to print and download extracts from the Sites
only for personal, non-commercial use on the following basis:
2.1.1 no documents or related graphics on the Sites are modified in
any way;
2.1.2 no graphics on the Sites are used separately from
accompanying text; and
2.1.3 the Ideal Standard copyright notice (currently: ©
2008 Ideal Standard. All rights reserved.) appears in all copies
together with any additional copyright notices appearing on the
Site which is the source of the copy.
2.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material on the Sites (including without
limitation trade marks, logos, brands, trading names, photographs
and graphic images), are owned by Ideal Standard or its
licensors. For the purposes of this legal notice, any use of
extracts or material from the Sites other than in accordance with
paragraph 2.1 above for any purpose is prohibited. If you
breach any of the terms in this legal notice, your permission to
use the Sites automatically terminates and you must immediately
destroy any downloaded or printed extracts from the Sites.
2.3 Subject to paragraph 2.1, no part of the Sites may be
reproduced or stored in any other website or included in any public
or private electronic retrieval system or service without Ideal
StandardÂ’s prior written permission.
2.4 Any rights not expressly granted in these terms are
reserved.
3. Service Access
3.1 Whilst Ideal Standard endeavours to ensure that the Sites are
normally available 24 hours a day, Ideal Standard will not be
liable if for any reason all or any part of the Sites are
unavailable at any time or for any period.
3.2 Access to all or any part of the Sites may be suspended
temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond Ideal
StandardÂ’s control.
3.3 If you have been assigned a login ID and password for access to
restricted sections of the Sites, you are responsible for all
activities executed under your login ID and password and are the
only one who may use it. To meet this responsibility, you agree to
keep your login ID and password confidential. Allowing another
person to use your login ID and passwords, using a login ID and
password assigned to another person, or attempting to gain access
to resources for which you are not authorised is a serious breach
of these terms.
3.4 The information held on the restricted areas of the Sites is
CONFIDENTIAL and PRIVATE
PROPERTY. Access to such information is only authorised
for authorised users of the restricted areas of the Sites accessing
information in accordance with these terms and conditions.
Unauthorised access may incur criminal penalties and damages.
YOU ARE ONLY PERMITTED ACCESS TO RESTRICTED SECTIONS OF THE
SITES IF YOU ARE AN AUTHORISED USER.
4. Visitor Material and Conduct
4.1 Other than personal information, which is covered under our
Privacy Policy [insert hyperlink], any material you transmit or
post to the Sites will be considered non-confidential and
non-proprietary. Ideal Standard will have no obligations with
respect to such material. Ideal Standard 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.
4.2 You are prohibited from posting or transmitting to or from any
of the Sites any material:
4.2.1 that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable to incite
racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which
may cause annoyance or inconvenience; or
4.2.2 for which you have not obtained all necessary licences and/or
approvals; or
4.2.3 constitutes or encourages conduct that would be considered a
criminal offence, give rise to civil liability, or otherwise be
contrary to the law of, or infringe the rights of any third party
enforceable in any other country in the world; or
4.2.4 which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful
data).
4.3 You may not misuse the Sites (including, without limitation, by
hacking).
4.4 Ideal Standard will fully cooperate with any law enforcement
authorities or court order requesting or directing Ideal Standard
to disclose the identity or locate anyone posting any material in
breach of paragraph 4.2 or 4.3.
5. Links To and From Other Sites
5.1 Links to third party websites on the Sites are provided solely
for your convenience. If you use these links, you leave the
Sites. Ideal Standard has not reviewed all of these third
party websites and does not control and is not responsible for
these websites or their content. Thus, Ideal Standard does not
endorse or make any representations about them, or any material
found there, or any results that may be obtained from using them.
If you decide to access any of the third party websites linked to
the Sites, you do so entirely at your own risk.
5.2 If you would like to link to the Sites, you may only do so on
the basis that you link to, but do not replicate, one or more
of the home pages of the Sites and subject to the following
conditions:
5.2.1 You do not remove, distort or otherwise alter the size
or appearance of the brands and logos appearing on the Sites;
5.2.2 You do not create a frame or any other browser or border environment around the Sites:
5.2.3 You do not in any way imply that Ideal Standard is endorsing any products or services other than its own;
5.2.4 You do not misrepresent your relationship with Ideal Standard nor present any other false information about Ideal Standard;
5.2.5 You do not otherwise use any Ideal Standard trade marks displayed on any of the Sites without express written permission from Ideal Standard; and
5.2.6 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.
5.3 Ideal Standard expressly reserves the right to revoke the right
granted in paragraph 5.2 for breach of these terms and take
any action it deems appropriate.
5.4 You shall fully indemnify Ideal Standard for any loss or damage
suffered by Ideal Standard or any of its group companies for breach
of paragraph 5.2.
6. Disclaimer
6.1 Whilst Ideal Standard endeavours to ensure that the information
on the Sites is correct, Ideal Standard does not warrant the
accuracy and completeness of the material on the Sites. Ideal
Standard may make changes to the material on the Sites, or to the
products described, at any time without notice. The material
on the Sites may be out of date, and Ideal Standard makes no
commitment to update the material on the Sites.
6.2 The material provided on the Sites is provided "as is" without
any conditions, warranties or other terms of any kind. Accordingly,
to the maximum extent permitted by law, Ideal Standard provides you
with the Sites on the basis that Ideal Standard excludes all
representations, warranties, conditions and other terms including,
without limitation, those described in paragraphs 6.2.1 to 6.2.3
inclusive below:
6.2.1 As to satisfactory quality, fitness for purpose and the use
of reasonable care and skill.
6.2.2 As to the non-infringement of any third party's intellectual
property rights of any content published or made available through
the Sites.
6.2.3 As to any server or other software or hardware that makes the
Sites available being free of viruses or other disruptive code
which may infect, harm or cause damage to your computer equipment
or any other property when you access, browse, download from or
otherwise use the Sites.
7. Liability
7.1 Ideal Standard, any other party (whether or not involved in
creating, producing, maintaining or delivering this Site), and any
of Ideal StandardÂ’s group companies and the officers,
directors, employees, shareholders or agents of any of them exclude
all liability and responsibility for any amount or kind of loss or
damage that may result to you or a third party (including without
limitation, any direct, indirect, 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 Sites in any way or in connection with the use, inability to
use, or the results of use of the Sites, any websites linked to the
Sites, or the material on such websites including but not limited
to loss or damage due to viruses that may infect your computer
equipment, software, data or other property on account of your
access to, use of, or browsing the Sites or your downloading of any
material from the Sites or any websites linked to this Sites.
7.2 To the extent that it is not possible under applicable law to
exclude liability as described in paragraph 7.1, then in no event
shall the aggregate liability of Ideal Standard, any other party
(whether or not involved in creating, producing, maintaining or
delivering this Site), any of Ideal Standard's group companies and
the officers, directors, employees, shareholders or agents of any
of them, exceed £10,000 (ten thousand pounds
sterling).
7.3 Nothing in this legal notice shall exclude or limit Ideal
StandardÂ’s liability (i) for death or personal injury
caused by Ideal Standard's negligence; (ii) for fraud and intent;
or (iii) for any liability to the extent the same cannot be
excluded or limited under applicable law.
7.4 If your use of material on the Sites results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs thereof.
8. Severability
8.1 Each provision of this legal notice is severable and distinct
from the others. If any provision is or at any time becomes
to any extent invalid, illegal or unenforceable under any enactment
or rule of law, it shall to that extent be deemed not to form part
of this legal notice, but (except to that extent in the case of
that provision) it and all other provisions of this legal notice
shall continue in full force and effect and their validity,
legality and enforceability shall not be affected or impaired as a
result.
9. Termination
9.1 We will be entitled to immediately terminate your use of all or
any part of the Sites if we consider that you have failed to comply
with any of these terms and conditions.
10. General
10.1 Our failure to exercise or enforce any rights or provision of
these terms shall not constitute a waiver of such right or
provision unless acknowledged and agreed by us in writing. You are
not entitled to assign all or any of your rights or obligations
under these terms. The section titles in these terms and conditions
are solely used for your and our convenience and have no legal or
contractual significance.
11. Governing Law and Jurisdiction
11.1 This legal notice shall be governed by and construed in
accordance with English law. Disputes arising in connection
with this legal notice shall be subject to the exclusive
jurisdiction of the English courts in London.
