We reserve the right to make changes to this Website at any
time without notice and it is your responsibility to re-visit
this page from time to time to ensure You comply with these
Conditions.
| 1. |
Definitions
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| “Intellectual Property Rights” |
means copyright, patents, design rights,
trade marks (whether registered or not), database rights,
trade or business names and any other similar rights existing
in any part of the world; |
| “Materials” |
means the content of the Website including
but not limited to the text, graphics, data, documents
and any other information displayed; |
| “Website” |
means the website www.glowsafe.com including
the linked pages www.glowsafe-architectural.co.uk, www.glowsafe-sport.co.uk,
www.glowsafe-safety.co.uk, www.glowsafe-promotional.co.uk
and www.glowsafe-clothing.co.uk; |
| “We/us” |
means GLOWSAFE® Limited, a company registered
in England and Wales under number 4629990 whose registered
office is at The Old Vicarage, Glastonbury, BA6 8BY |
| “You” |
means the company, firm, association or individual
who makes use of or accesses the Website under these Conditions; |
| “Your Information” |
means any information provided by you or
disclosed by you in any secure area of the Website. |
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| 2. |
Content |
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2.1. |
The Intellectual Property Rights contained
within the Materials are owned solely by us unless otherwise
stated. |
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2.2. |
You do not have any right to use, copy, edit,
vary, reproduce, publish, display, distribute, store, transmit,
commercially exploit or disseminate the Materials to any
other party or make the same available in hard copy or
on any other medium without our prior written consent. |
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2.3. |
You are permitted to print or download extracts
of the Materials for your own personal use and research.
None of the Materials may be used for any commercial or
public use. |
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| 3. |
Your Obligations |
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3.1. |
You agree that the Website is provided solely
for your own use and You will not without our written permission
transfer or sell or attempt to transfer or sell your access
or use of the Website to any third party. |
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3.2. |
You will not use the Website: |
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3.2.1. |
for fraudulent or unlawful purposes or in connection
with or for the purposes of committing a criminal offence; |
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3.2.2. |
to create a false identity; |
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3.2.3. |
to infringe any third party’s Intellectual Property
Rights or rights of publicity or privacy; |
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3.2.4. |
to violate a law, statute, ordinance, regulation
or licence applicable to You; |
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3.2.5. |
for defamatory, libellous or unlawfully threatening
or harassment purposes; |
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3.2.6. |
for obscene or pornographic purposes. |
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| 4. |
Our Obligations |
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4.1. |
We will use our reasonable endeavours to provide the
Website with reasonable skill and of a competent provider
of services over the Internet. However we do not guarantee
that the Website will be error-free or fault-free. If
You notice that there is an error affecting your access
to or use of the Website, You should report it to us
immediately and we will correct it as soon as possible. |
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4.2. |
We reserve the right to alter
the technical specifications of the Website or suspend
the provision of the Website for operational reasons including
but not limited to maintenance, repair, improvements or
because of an emergency. We will take all reasonable steps
to ensure that the Website is restored to full working
order as soon as possible. |
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4.3. |
We will take all reasonable
steps to ensure that the Website is free from any viruses,
but we recommend that You use your own virus protection
software. |
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4.4. |
We do not warrant that the Website
is compatible with your browser or computer configuration. |
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| 5. |
Privacy Policy |
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5.1. |
This privacy policy sets out how we will use Your Information
which we collect on the Website. The types of information
we collect include your name, address, gender, contact
details, bank account details and other information relevant
to customers surveys or offers. By accepting these Conditions
You acknowledge and agree that we may use Your Information
for the purposes set out. |
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5.2. |
We are the sole owner of Your
Information and will take all necessary steps to comply
with the Data Protection Act 1998. We will not disclose
it to any third party unless: |
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5.2.1. |
we are specifically required to by law; |
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5.2.2. |
in response to a valid, legal request by a law enforcement
or governmental authority; |
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5.2.3. |
we need to share or send Your Information to third parties
who work with us or on our behalf to supply any goods or
products which you have requested; or |
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5.2.4. |
as may be authorised by you in writing. |
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5.3. |
By accepting these Conditions You agree
that we may store, process and use Your Information to
keep a record of any goods or products which You have requested
and to send You details about further goods, services,
brochures or other information that we believe may be of
interest to You. |
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5.4. |
You may inform us at any time in writing
if you no longer require such information to be sent by
us. |
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5.5. |
Under the Data Protection Act 1998, You may
request details of personal information that we hold about
you. An official fee will be payable. If you want to make
a request, you should write to us at our address. |
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5.6. |
If You believe that any of Your Information
is incorrect in any respect, You should write to us at
the above address. |
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5.7. |
We will use all reasonable endeavours to
protect the security of Your Information both on and off
line. If You would like further details of our security
procedures please contact us in writing. |
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| 6. |
Links |
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6.1. |
The Website may contain links that allow You to visit
other websites operated by third parties. You acknowledge
and agree that we have no control over any such websites
and are not responsible for the protection and privacy
of any information which you may provide within those
websites, or for the availability or content of any such
websites. |
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| 7. |
Termination |
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7.1. |
We reserve the right to immediately terminate your licence
to use or access to the Website in the event that: |
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7.1.1. |
You breach any of these Conditions or any of the other
terms and conditions contained on this Website; |
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7.1.2. |
If we cannot verify or authenticate Your Information; |
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7.1.3. |
If we believe your actions may cause legal liability
for You, us or other users of the Website. |
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| 8. |
Limitation of Liability |
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8.1. |
We accept liability for death and personal injury resulting
from our negligence and nothing in these Conditions shall
apply to limit or exclude such liability. |
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8.2. |
We are not liable to you either in contract,
tort (including negligence) or otherwise for direct or
indirect loss of profits, business or anticipated savings
or for any indirect or consequential loss or damage or
for any destruction of data however such loss may be suffered. |
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8.3. |
Our liability to You, either in contract,
tort ( including negligence) or otherwise in relation to
or arising out of these Conditions is limited to[ £1,000]
for any one incident or series of related incidents. |
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8.4. |
If we are unable to perform any obligation
under these Conditions because of a matter beyond our reasonable
control such as lighting, flood, fire, explosion, war,
terrorist activity, industrial disputes (whether or not
involving our employees) or other events beyond the reasonable
control of our suppliers, we will have no liability for
that failure to perform. |
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8.5. |
Each provision of these Conditions in clause
8 operates separately. If any provision or part provision
is held by a court to be unreasonable or inapplicable the
other parts shall continue to apply. |
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| 9. |
Indemnity |
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9.1. |
You agree to indemnify and hold us and our subsidiaries,
affiliates, officers, directors and employees harmless
from any claim or demand including all reasonable lawyer’s
fees made by any third party to or arising out of your
breach of any terms of these Conditions or your violation
of any law or the right of a third party. |
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| 10. |
Law |
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10.1. |
These Conditions shall be governed by and
construed in accordance with the laws of England and Wales
and each of the parties submits to the exclusive jurisdiction
of the courts of England and Wales. |
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| 11. |
General |
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11.1 |
The headings to these Conditions are for convenience only and shall
not affect their construction. |
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11.2 |
Where the context so admits reference in
these Conditions to one gender shall include each other
gender and words denoting the singular shall include the
plural and vice-versa. |
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11.3 |
References to any statute or statutory provision
shall, unless the context otherwise requires, be construed
as a reference to that statute or provision as from time
to time amended, consolidated, modified, extended, re-enacted
or replaced; |
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11.4 |
Failure or delay by us in enforcing or partially
enforcing any provision of these Conditions shall not be
construed as a waiver of any of its rights under these
Conditions or the Contract. No waiver of any of these Conditions
by either party shall be deemed to be a further or continuing
waiver of any subsequent breach of that term or condition
or any other term or condition. |
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11.5 |
A person who is not party to the Contract
has no right under the Contracts (Rights of Third Parties)
Act 1999 to enforce any term of the Contract or these Conditions. |
