Terms
of Use
This agreement applies as between you, the User of this
website and Dudleys Online, the owner(s) of this website. Your agreement to
comply with and be bound by these terms and conditions is deemed to occur upon
your first use of the website. If you do not agree to be bound by these terms
and conditions, you should stop using the website immediately.
1. Definitions and
Interpretation
In this Agreement the following terms shall have the
following meanings:
Content
means any text,
graphics, images, audio, video, software, data compilations and any other form
of information capable of being stored in a computer that appears on or forms
part of this website;
Dudleys Online
Dudleys Online. Registered in England & Wales. Reg No
XXXXXXX. VAT Reg No. XXX XXXX XX. Registered Office: Dudley House, PO Box 391,
Dartford, Kent, DA1 9JD;
Service
means collectively any online facilities, tools, services
or information that Dudleys Online makes available through the website either
now or in the future;
Premises
means our place(s) of business located at Dudleys Online,
Dudley House, PO Box 391, Dartford, Kent, DA1 9JD;
System
means any online communications infrastructure that
Dudleys Online makes available through the website either now or in the future.
This includes, but is not limited to, web-based email, message boards, live
chat facilities and email links;
User / Users
means any third party that accesses the website and is
not employed by Dudleys Online and acting in the course of their employment;
and
website
means the website that you are currently using
(www.dudleysonline.co.uk) and any sub-domains of this site unless expressly
excluded by their own terms and conditions.
2. Intellectual
Property
2.1 Subject to the exceptions in Clause 3 of these Terms
and Conditions, all Content included on the website, unless uploaded by Users,
including, but not limited to, text, graphics, logos, icons, images, sound
clips, video clips, data compilations, page layout, underlying code and
software is the property of Dudleys Online, our affiliates or other relevant
third parties. By continuing to use the website you acknowledge that such
material is protected by applicable United Kingdom and International
intellectual property and other laws.
2.2 Subject to Clause 4 you may not reproduce, copy,
distribute, store or in any other fashion re-use material from the website
unless otherwise indicated on the website or unless given express written
permission to do so by Dudleys Online.
3. Third Party
Intellectual Property
3.1 Unless otherwise expressly indicated, all
Intellectual Property rights including, but not limited to, Copyright and
Trademarks, in product images and descriptions belong to the manufacturers or
distributors of such products as may be applicable.
3.2 Subject to Clause 4 or you may not reproduce, copy,
distribute, store or in any other fashion re-use such material unless otherwise
indicated on the website or unless given express written permission to do so by
the relevant manufacturer or supplier.
4. Fair Use of
Intellectual Property
Material from the website may be re-used without written
permission where any of the exceptions detailed in Chapter III of the Copyright
Designs and Patents Act 1988 apply.
5. Links to Other
websites
This website may contain links to other sites. Unless
expressly stated, these sites are not under the control of Dudleys Online or
that of our affiliates. We assume no responsibility for the content of such
websites and disclaim liability for any and all forms of loss or damage arising
out of the use of them. The inclusion of a link to another site on this website
does not imply any endorsement of the sites themselves or of those in control
of them.
6. Links to this
website
Those wishing to place a link to this website on other
sites may do so only to the home page of the site www.dudleysonline.co.uk
without prior permission. Deep linking (i.e. links to specific pages within the
site) requires the express permission of Dudleys Online. To find out more
please contact us by email at info@dudleysonline.co.uk.
7. Use of
Communications Facilities
7.1 When using the enquiry form or any other System on
the website you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or otherwise objectionable.
This includes, but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
7.1.3 You must not submit Content that is intended to promote or incite
violence;
7.1.4 It is advised that submissions are made using the English language(s) as
we may be unable to respond to enquiries submitted in any other languages;
7.1.5 The means by which you identify yourself must not violate these terms of
use or any applicable laws;
7.1.6 You must not impersonate other people, particularly employees and
representatives of Dudleys Online or our affiliates; and
7.1.7 You must not use our System for unauthorised mass-communication such as
“spam” or “junk mail”.
7.2 You acknowledge that Dudleys Online reserves the right to monitor any and
all communications made to us or using our System.
7.3 In order to use the enquiry form and any other
communication facility that may be added in the future on this website,you are
required to submit certain personal details. By continuing to use this website
you represent and warrant that:
7.3.1 Any information you submit is accurate and truthful; and
7.3.2 You will keep this information accurate and up-to-date.
8. Privacy
Use of the website is also governed by our Privacy Policy
which is incorporated into these terms and conditions by this reference. To
view the Privacy Policy, please click here.
9. Disclaimers
9.1 Dudleys Online makes no warranty or representation
that the website will meet your requirements, that it will be of satisfactory
quality, that it will be fit for a particular purpose, that it will not
infringe the rights of third parties, that it will be compatible with all
systems, that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the use of our
Services.
9.2 No part of this website is intended to constitute advice and the Content of
this website should not be relied upon when making any decisions or taking any
action of any kind.
9.3 No part of this website is intended to constitute a contractual offer
capable of acceptance. No goods and / or services are sold through this website
and product and / or service details are provided for information purposes only
9.4 Whilst every effort has been made to ensure that all graphical
representations of products and / or descriptions of services available from
Dudleys Online correspond to the actual products and / or services, Dudleys
Online is not responsible for any variations from these descriptions.
9.5 Dudleys Online does not represent or warrant that such products and / or
services will be available from us or our Premises. For this reason, please
contact us prior to visiting if you wish to enquire as to the availability of
any products and / or services. Any such enquiry does not give rise to any
express or implied warranty that the products and / or services forming the
subject matter of your enquiry will be available upon your arrival at our
Premises.
9.6 All pricing information on the website is correct at the time of going
online. Dudleys Online reserves the right to change prices and alter or remove
any special offers from time to time and as necessary. All pricing information
is reviewed and updated every 6 months.
10. Availability
of the website
The Service is provided “as is” and on an “as available”
basis. We give no warranty that the Service will be free of defects and / or
faults. To the maximum extent permitted by the law we provide no warranties
(express or implied) of fitness for a particular purpose, accuracy of
information, compatibility and satisfactory quality.
Dudleys Online accepts no liability for any disruption or
non-availability of the website resulting from external causes including, but
not limited to, ISP equipment failure, host equipment failure, communications
network failure, power failure, natural events, acts of war or legal
restrictions and censorship.
11. Limitation of
Liability
11.1 To the maximum extent permitted by law, Dudleys
Online accepts no liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect, consequential, special or
exemplary damages arising from the use of the website or any information
contained therein. Users should be aware that they use the website and its
Content at their own risk.
11.2 Nothing in these terms and conditions excludes or
restricts Dudleys Online’s liability for death or personal injury resulting
from any negligence or fraud on the part of Dudleys Online.
11.3 Whilst every effort has been made to ensure that
these terms and conditions adhere strictly with the relevant provisions of the
Unfair Contract Terms Act 1977, in the event that any of these terms are found
to be unlawful, invalid or otherwise unenforceable, that term is to be deemed
severed from these terms and conditions and shall not affect the validity and
enforceability of the remaining terms and conditions. This term shall apply
only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
13. Previous Terms
and Conditions
In the event of any conflict between these Terms and
Conditions and any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise.
14. Notices
All notices / communications shall be given to us either
by post to our Premises (see address above) or by email to
info@dudleysonline.co.uk. Such notice will be deemed received 3 days after
posting if sent by first class post, the day of sending if the email is
received in full on a business day and on the next business day if the email is
sent on a weekend or public holiday.
15. Law and
Jurisdiction
These terms and conditions and the relationship between
you and Dudleys Online shall be governed by and construed in accordance with
the Law of England and Wales and Dudleys Online and you agree to submit to the
exclusive jurisdiction of the Courts of England and Wales.