AQATA Limited WEBSITE TERMS and CONDITIONS For Use of the Site
(Updated on 3rd FEBRUARY, 2014)
Welcome to the AQATA SHOWER ENCLOSURES website. These Terms and Conditions apply to all AQATA sites and internet materials. By using the AQATA Website, or any of the products or services available on a AQATA website, you agree, without limitation or qualification, to be bound by these terms and conditions, all as may be modified by AQATA at any time. If you do not agree with these Terms and Conditions, you may not use the AQATA Site or any of the Services on the AQATA Site.
Please check periodically for changes. Your continued use of the AQATA Site following the posting of any changes to these Terms and Conditions will mean you accept those changes.
RESTRICTED USE OF MATERIALS
All content, information, graphics, images and materials available on Aqata’s Website, including the manner in which such material Content and Services are presented are the sole Copyright AQATA LIMITED 2014 and/or licensors. All rights reserved. Such Content is protected by British and worldwide copyright laws. You are offered a limited non-exclusive, non-transferable access to use and display on your pc or other electronic access device, the Content and Services for your own personal and non-commercial use only, providing the Content is not modified and that you maintain all copyright and other proprietary notices. It is prohibited to reproduce, retransmit, create derivative works of, distribute, sell, publish, broadcast, communicate or otherwise make available any of the Content obtained through an Aqata Site or any of the Services without limitation, without the prior written consent of Aqata.
The trademarks and logo’s displayed on Aqata’s website are, unless otherwise specified the trademarks of Aqata. No rights are granted to use them without prior written permission. All rights reserved.
Aqata only collects personal/ business information to promote a personalized service and provide you with product and service information. Additionally we are able to establish your nearest retailer and build up market research information and profiles. All reasonable steps will be taken to secure a user’s information.
USER RESPONSIBILITY AND CONDUCT
As a user of Aqata’s Site or any of the Services, you agree to comply with all relevant laws relating to and in addition to these Terms and Conditions when using the Aqata Website. Aqata may investigate any violations and may assist law enforcement agencies in pursuing prosecution of offenders. The user must also agree not to;
a) publish, post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use Aqata’s Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying Aqata’s Site, any of the Services, or the Internet;
b) publish, post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
c) publish, post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use Aqata’s Site or any of the Services, you recognize that you are fully responsible for:
(a) the online conduct of such minor;
(b) controlling the minor’s access to and use of an Aqata Site or any of the Services; and
(c) the consequences of any misuse by the minor.
(d) acknowledging the terms and conditions herein and bringing them to their notice..
(a) The Aqata website and any of the services are provided on an ‘as is’ and ‘as available’ basis and can be modified.
(b) Our Company policy is one of continual improvement and Aqata reserve the right to amend designs and specifications without prior notice.
(c) The decriptions Gold and Chrome refer to surface finishes only. If any change is not acceptable to you, you must discontinue your use of AQATA’s Site and any of the Services immediately. Your continued use of Aqata’s Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, Aqata reserves the right to change, modify, suspend or discontinue any aspect of Aqata’s Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
You agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, an AQATA Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. AQATA does not provide any form of on-line sales or have any agreement with third parties to enter into on-line sales transactions. AQATA assumes no responsibility whatsoever for any charges you incur when making purchase with third parties or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your’s alone. You agree that AQATA shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
You agree to defend, indemnify and hold harmless each of AQATA, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on AQATA’s Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to;
a) a breach of the theses terms and conditions
b) your access to or use of an AQATA Site, Services or Content; or
c) your use or reliance on, or publication, communication or distribution of anything on or from an AQATA Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AQATA, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER AQATA HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF AQATA’s SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR ANY OTHER MATTER RELATING TO AQATA’s SITE OR ANY OF THE SERVICES.
You expressly acknowledge that Aqata has entered into this agreement, and has and will make the Aqata Website, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Aqata. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
GOVERNING LAW/JURISDICTIONAL ISSUES
All Aqata Sites and Services are controlled, operated and administered by Aqata from its offices within the United Kingdom. Aqata makes no representation or warranty that an Aqata Site or any of the Services are appropriate or available for use at any locations outside the United Kingdom. If you access an Aqata Site from outside the UK, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through Aqata’s Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the United Kingdom and EU. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the United Kingdom and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
ARBITRATION AND ACTIONS
Any claim or dispute arising out of or relating to these Terms and Conditions, your use of any Aqata Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in the United Kingdom in English and governed by English law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Britain and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
This agreement relates only to you, and you may not assign your rights or obligations to a third party. These Terms and Conditions constitute the entire agreement between AQATA and you relating to your use of AQATA’s Website, Services and Content. AQATA’s failure to enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page.
©AQATA LIMITED 2014. All Rights Reserved.