CONDITIONS OF USE for the BOSTIK WEBSITE whose address is www.bostik.co.uk. THESE CONDITIONS APPLY TO THE ENTIRE CONTENTS OF THE BOSTIK WEBSITE] ("WEBSITE") AND TO ALL USERS (HEREINAFTER REFERRED TO AS "USERS") OF IT. PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE CONDITIONS. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY BOSTIK LIMITED ("THE COMPANY"). THIS WEBSITE IS OPERATED BY BOSTIK LIMITED FROM THE UK.
1.1. This Website contains information about the Company's range of products ("the Products") and has a facility to allow Users to download the following information:
(i) data sheets containing technical information about the Products ("Technical Data Sheets"); and
(ii) data sheets containing health and safety warnings and information about the Products as required by the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 ("Safety Data Sheets"),
1.2. By accessing any part of this Website, 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 this Website immediately.
1.3. The Company may update and/or amend these conditions at any time and you should therefore check these conditions from time to time to make yourself aware of the then current conditions. Your continued use of this Website shall be deemed acceptance of any update or amendment. Certain provisions of these conditions may be superseded by expressly designated legal notices or terms which are posted by the Company on particular parts of this Website.
1.4. Some parts of this Website may have additional terms and conditions which apply. You are also bound by these additional terms and conditions.
2.1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned either by the Company or its licensors (as the case may be). For the purposes of these conditions, any use of extracts from this Website other than in accordance with paragraph 2.2 below for any purpose is prohibited. If you breach any of the terms in these conditions of use, you must cease to use this Website and you must immediately destroy any downloaded or printed extracts from this Website.
2.2. Subject to any specific notices on this Website to the contrary in respect of any specific material, you are permitted to view extracts for your own use from this Website and print off one hard copy only on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) The Company's and/or its licensors' copyright notices (as the case may be) as indicated within this Website appear in all copies.
2.3. Subject to paragraph 2.2 no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's or the relevant copyright owner's prior written permission.
2.4. If you post any text or graphics on this Website you do so on the basis that any person is free to download or use them in any way unless you specify licence terms. The Company shall have no liability if such licence terms are not observed by any person. You hereby grant to the Company a perpetual licence for the Company to feature such text and/or graphics on the Website for such period as the Company may decide.
The Company's subcontractors endeavour to ensure that this Website is normally available 24 hours a day, but the Company shall have no liability if for any reason this Website is unavailable at any time or for any period or if the Company decides to cease making this Website available to Users. Without prejudice to the generality of the preceding wording, this Website will be unavailable from time to time for error correction or maintenance or updating work.
4.1. You must not transmit to or from this Website any material:
(a) 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;
(b) for which you have not obtained all necessary licences and/or consents and/or approvals;
(c) which 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;
(d) 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);
(e) which is excessive or which is likely to have large bandwidth requirements; or
(f) which is detrimental to the Company or to other Users.
4.2. You must not misuse this Website (including, without limitation, by hacking).
4.3. The Company does not endorse or guarantee the accuracy of the content which appears on this Website from time to time.
5.1. Links to third party websites via this Website are provided only for your convenience. If you use them, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company does not, therefore, endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of them, you do so entirely at your own risk.
5.2. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
5.2.1. you do not remove, distort or otherwise alter the size or appearance of the Bostik, Evo-Stik, Araldite, Cementone, Biscem, Laybond, Technik and Evo-Sport logo's.
5.2.2. you do not create a frame or any other browser or border environment around this Website;
5.2.3. you do not in any way imply that the Company is endorsing any products or services other than its own;
5.2.4. you do not misrepresent your relationship with the Company not present any other false information about the Company;
5.2.5. you do not otherwise use any trading name of the Company or trade marks displayed on this Website without express written permission from the Company;
5.2.6. you do not link from a website that is not owned by you;
5.2.7. 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; and
5.2.8. you are not a competitor of the Company.
5.3. The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4. You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
6.1. In the event that you are required to register to use certain areas of this Website, you must be over eighteen years of age. Each registration is for a single user only.
6.2. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
6.3. When you register, you may be asked to create a password. In order to prevent fraud, you must keep this password confidential. The Company does not permit you to share your user name and password with any other person and not with multiple users on a network.
6.4. Responsibility for the security of any passwords issued rests with you. If you know or suspect that someone else knows your password you should notify us by contacting the webmaster immediately. (There is also an automated process to change your password based on the email address provided when registration on the site first took place.)
6.5. If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend or cancel your registration.
7.1. The Company has no responsibility to monitor this Website but it does reserve the right to do so.
7.2. If you notice any material on this Website which you reasonably believe to be illegal, offensive, in breach of third party rights or inappropriate you agree to notify the Company immediately at firstname.lastname@example.org email address.
7.3. The Company reserves the right to disclose any materials which appear on any part of this Website in order to satisfy the provisions of any legislation, regulation, code of practice or a request from any third party to do so for any reason.
8.1. The Technical Data Sheets and recommendations and suggestions contained in them are supplied for general guidance only and may contain inappropriate information under particular conditions of use of the Products. Users are advised to confirm the suitability of the Products by their own tests. Information on the Products, advice on their applications and specialist technical advice is available from the Company's Technical Services Department . Please go to the ‘Contact Us' page and ‘Technical Enquiries' sub section or telephone +44 (0) 1785 272727. Where the services of a specialist are required in respect of the use of a Product, the User must not use such Product without involvement of such a specialist. The User is also required to consult the relevant Safety Data Sheet before using a Product.
8.2. You use this Website at your own risk and your sole remedy for dissatisfaction with this Website or materials or services on it is to cease using this Website. If Users have any concerns or queries about the suitability of Products for a particular use or about usage of the Products generally they are requested to contact the Company's Technical Services Department.
8.3. The Company endeavours to check that the information on this Website is correct, but it does not warrant the accuracy and completeness of the material on this Website.
8.4. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice.
8.5. The material on this Website may be out of date, and the Company makes no commitment to update it.
8.6. The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. To the maximum extent permitted by law, the Company (as between it and Users) allows access to this Website on the basis that the Company excludes all representations, warranties, conditions and other terms which but for these terms might have effect in relation to this Website.
8.7. If information or content in a Technical Data Sheet conflicts with the information or content in a Safety Data Sheet, the latter shall prevail.
8.8. The Company does not guarantee and it does not warrant that access to this Website and/or any part of it will be error free and without interruption. The liability of the Company arising from any loss arising out of Users' inability to use this Website or any part of it is hereby excluded.
9.1. So far as is permitted by law the Company and any of the Company's group companies and the officers, directors, employees, shareholders or agents or 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 this Website in any way or in connection with the use or inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer and/or affect your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
9.2. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.3. Nothing in these conditions shall exclude or limit the Company's liability for (i) death or personal injury caused by its negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
9.4. The Company shall have no liability to you for any loss, costs, expenses or damages which you may suffer or incur due to any cause or event outside its control including but not limited to default or failure of the suppliers or subcontractors of the Company, Act of God or failure of any power or system.
10.1. If any part of these conditions is held by any competent authority to be invalid or unenforceable (whether in whole or in part) this shall not affect the validity or enforceability of the remainder of these terms.
11.1. You may not assign, or transfer or hold upon trust for any third party any or all of your obligations and rights under these conditions without the prior written consent of the Company. The Company reserves the right to assign or transfer all or any of its rights and obligations under these conditions without your consent.
12.1. Where notice it to be given under these conditions it shall be given in writing by first class post, facsimile transmission or e-mail. Notice which is sent by post shall be deemed to have been delivered 2 working days after posting. Notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day after transmission.
13.1. These conditions and any contract with the Company shall be governed by and construed in accordance with English law. Any disputes arising shall be subject to the jurisdiction of the English courts.