WEBSITE TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE WEBSITE
WHAT IS IN THESE TERMS?
These Terms tell you the rules for using our website www.kelmore.co.uk (our “Website”).
WHO WE ARE AND HOW TO CONTACT US
This Website is a site operated by Kelmore Limited (“we”, “us”, “our”). We are registered in England and Wales under company number 12985784 and have our registered office at Kelmore Limited, The Dell, Berry Way, Chorley, PR7 6RA. Our VAT number is 379 6691 26.
To contact us, please email info@kelmore.co.uk or telephone us on 01257 830511.
BY USING OUR SITE YOU ACCEPT THESE TERMS
By using our site, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these terms, you must not use our Website.
We recommend that you print a copy of these Terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional terms, which also apply to your use of our Website:
• Our Privacy Policy which can be found at https://www.kelmore.co.uk/privacy-policy which explains how we may use or process any personal information we collect from you, or that you provide to us, as well as explaining how we deal with cookies;
• Our Terms and Conditions of Sale, which can be found at https://www.kelmore.co.uk/terms-and-conditions and govern your purchase of any goods, and;
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Acceptable Use Policy.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use our Website, please check these Terms (and any additional terms referred to above) to ensure you understand the Terms that apply at that time.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change our Website from time to time to reflect changes to our services, our users’ needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR SITE
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We may restrict your ability to purchase our goods under our Terms and Conditions of Sale in the event of your breach of these Terms.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
HOW YOU MAY USE MATERIAL ON OUR WEBSITE
You may print off one copy, and may download extracts, of any page(s) from our Website for your sole use only and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
TEXT OR DATA MINING, OR WEB SCRAPING
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of):
• any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same; or
• any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
DO NOT RELY ON INFORMATION ON THIS WEBSITE
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. You are solely responsible for any reliance that you place upon any information, advice, guidance, recommendations and/or suggestions included on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy, which can be found at Privacy Policy
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
RULES ABOUT LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Website other than that set out above, you must obtain express consent from us. To discuss further, please contact us in accordance with these Terms.
INTELLECTUAL PROPERTY RIGHTS
All patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (“Intellectual Property Rights”) remain our exclusive property or where applicable our licensors. Our Intellectual Property Rights are protected by laws and treaties around the world. All such rights are reserved.
All trade marks, service marks, logos, product images and trade names which appear on our Website, whether registered or not shall at all times remain our exclusive property. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any trade marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website. You must not use any of the content on our Website or our Intellectual Property Rights in any way for commercial purposes without obtaining a licence to do so from us or our licensors.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If you have purchased goods from us:
If you have purchased goods from us, then our liability will be as set out in our Standards Terms and Conditions of Sale.
If you have not purchased our goods from us, then our responsibility to you will be governed as follows:
Whether you are a consumer or a business user:
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our relevant Terms and Conditions and/or Training Agreement (as applicable).
If you are a business user:
• We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our Website; or
• use of or reliance on any content displayed on our Website.
• In particular, we will not be liable for:
• loss of profits, sales, business or revenue;
• loss of goodwill or reputation;
• loss of business opportunity;
• loss of anticipated saving;
• loss of corruption of data or information; or
• any indirect, special or consequential loss or damage.
If you are a consumer user:
• Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.