Terms and Conditions

Discussion in 'The Small Print' started by screwfix.peter, Oct 17, 2013.

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  1. screwfix.peter

    screwfix.peter Administrator Staff Member


    1. Acceptance of Terms

    1.1. Your access to and use of the Screwfix Direct Forum (the “Forum”) and any Services referred to in Clause 3, is subject exclusively to these Terms and Conditions. The Forum is operated by Screwfix Direct Limited (“Screwfix Direct” or “We”).

    1.2. You must be 18 or older in order to use the Forum.

    1.3. By using the Services (as defined in clause 2 below) you are fully accepting and agreeing to comply with the terms, conditions and disclaimers contained in this notice (the “Terms”) and the Forum Usage Rules. If you do not accept these Terms or the Forum Usage Rules you must immediately stop using the Services.

    1.4. We reserve the right to update or amend these Terms at any time and your continued use of the Forum Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms regularly for any changes.

    2. Definitions

    2.1. In these Terms the following words shall have the following meaning:

    2.1.1. pre-moderation: means reviewing any Content before it is posted to the Forum;

    2.1.2. post-moderation: means that any Content uploaded by you onto the Forum may be subsequently reviewed; and

    2.1.3. reactive moderation: means that we may remove any Content once we are informed or become aware that the Content is in breach of the Forum Usage Rules or these Terms.

    3. The Services

    3.1. The Forum may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.

    3.2. You will be able to use the Forum:

    3.2.1. to upload Content you believe to be of interest to other Forum members (“Blogs”);

    3.2.2. to submit contributions to discussions initiated by Screwfix Direct (“Discussions”); or

    3.2.3. to share personal and confidential information with other Forum members using the private messaging facility available on the Forum (the “Private Messaging Service”),

    together the “Services”

    3.3. We have no obligation to monitor or moderate any or all of the Services.

    3.4. We reserve the right to carry out pre-moderation services in relation to Discussion Content you provide to us in connection with a particular Discussion on the Forum to ensure that the Discussion Content:

    3.4.1. is within scope of the subject under discussion;

    3.4.2. does not contain any content that is in breach of the Forum Usage Rules or these Terms; and

    3.4.3. does not contain any arguments, disagreements and disputes of a personal nature.

    For the avoidance of doubt, we reserve the right not to post any Discussion Content on to the Forum if, in our sole discretion, we do not consider it to be appropriate.

    3.5. In relation to Blogs and Private Messaging Services, we reserve the right to carry out post-moderation or reactive moderation of the Content.

    3.6. We reserve the right, at our sole discretion, to remove without notice any Content that breaches these Terms and Conditions or the Forum Usage Rules or is in any other way objectionable.

    4. Privacy Policy

    4.1. We are committed to responsible data management and comply with the Data Protection Principals of the Data Protection Act 1998 (the “Act”). We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you.

    4.2. We are registered with the Information Commissioner’s Office for the purposes of Act and our registration number is Z6167477.

    4.3. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Services.

    4.4. We use cookies as part of the Services, they are used to provide certain functionality, identify you and to track patterns of behavior of visitors to the Forum Any information collected by cookies will be used to identify. A cookie is a small file of data that the Forum sends to your browser that is then stored on your system. You can set your browser settings to prevent this happening by blocking all or some cookies. If you do the Services may not work correctly.

    5. User Account Password and Security

    5.1. If a particular Service requires you to open an account, you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service.

    5.2. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.

    5.3. In no event will Screwfix Direct be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.

    6. Acceptable Use

    6.1. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ('the Content'), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent.

    6.2. Screwfix Direct will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

    6.3. In using the Services you agree not to:

    6.3.1. use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

    6.3.2. post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

    6.3.3. post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality, sexual orientation or otherwise;

    6.3.4. threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

    6.3.5. use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

    6.3.6. make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;

    6.3.7. collect or store personal information about others, including email addresses;

    6.3.8. advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;

    6.3.9. impersonate any person or entity for the purpose of misleading others;

    6.3.10. violate or condone or encourage others to violate any applicable laws or regulations, the Forum Usage Rules and these Terms;

    6.3.11. use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services;

    6.3.12. post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

    6.3.13. post swear words or other language likely to offend;

    6.3.14. advertise products or services for profit or gain;

    6.3.15. describe or encourage activities which could endanger the safety or well-being of others;

    6.3.16. post comments that are considered to be “off-topic” for the relevant discussion taking place on the Forum; or

    6.3.17. attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.

    7. Reporting problematic/inappropriate Content

    7.1. We wish to ensure that all users’ experience of the Services are positive. Should you become aware of any inappropriate Content or behaviour by other users of the Services, please report these to us atforum.moderation@screwfix.comimmediately or use the “Report Abuse” facility.

    7.2. We take reports of inappropriate Content and behavior extremely seriously. We will investigate reports made to us and, in our sole opinion, where we find Content or behavior in breach of these Terms, we may remove the relevant Content and/or suspend or terminate a user’s right to any one or more of the Services.

    8. Termination

    8.1. We have the right to suspend or terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Services.

    9. Links to Third Party Forums

    9.1. The Services may include links to third party websites that are controlled and maintained by others. These links are provided for your information only. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Screwfix Direct has no control over the contents of those sites or resources and is not responsible for them or for any loss or damage that may arise from your use of them.

    10. International Use

    10.1. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

    11. Intellectual Property Rights

    11.1. The Forum and its content (including without limitation the Forum design, text, graphics and all software and source code connected with the Forum and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws.

    11.2. In accessing the Forum you agree that you will access the contents solely for your personal, non-commercial use. Content may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Forum for personal, non-commercial home use only.

    11.3. Screwfix Direct does not claim ownership of any Content you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content.. The licence shall be terminated when such Content is removed from the Forum.

    11.4. You accept and warrant that any Content you provide to the Forum or provide for the purpose of any Discussion will not infringe third party rights and will comply with the Forum Usage Rules and these Terms.

    12. Indemnity

    12.1. You agree to indemnify and hold Screwfix Direct harmless from and against any breach by you of these Terms and any claim or demand brought against Screwfix Direct by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Screwfix Direct in consequence of your breach of these Terms.

    13. Disclaimers and Limitation of Liability

    13.1. Use of the Services is at your own risk. The Services are provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

    13.2. To the extent permitted by law, Screwfix Direct will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Services.

    13.3. Screwfix Direct makes no warranty that the Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

    13.4. Nothing in these Terms shall be construed so as to exclude or limit the liability of Screwfix Direct for death or personal injury as a result of the negligence of Screwfix Direct.

    13.5. Nothing in these Terms shall affect your statutory rights as a consumer.

    14. Severance

    14.1. If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term o shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

    15. Feedback

    15.1. If at any time you wish to provide any feedback both positive or negative about the Services or Content, please contact us atforum.moderation@screwfix.com.

    16. Governing Law

    16.1. These Terms shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.

    Last Updated: 29th June 2017
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