Terms and Conditions

1. General

1.1 Please read these Terms and Conditions carefully before registering. All services provided to you are subject only to these Terms and Conditions. By accessing, browsing or downloading any part of this Site or its content, or posting or uploading to this Site, or any other use of this Site and its content you agree to comply with these Terms (which form a contract between You and Drainfast Ltd) and all relevant applicable laws.

1.2 Your acceptance of these Terms shall be indicated by You clicking on the "Accept" box at the bottom of the Registration page and your continued use of the Services.

1.3 Any error or omission of any information that we publish about the
Services shall be subject to correction without notice. 

2. Operator of the Website and Definitions

2.1 This website is operated by Drainfast Ltd whose registered office is at First Floor, Vision House, Bedford Road, Petersfield, Hampshire, UK

2.2 In these Terms:

2.2.1 "Site" means this website

2.2.2 "Site Content" is information or other content, which is provided by Drainfast Ltd.

2.2.3 "Us" means Drainfast Ltd

2.2.4 "Services" means any functions, facilities, information or other services available on this website.

2.2.5 "Terms" means these terms and conditions.

2.2.6 "User" or "You" means any person who accesses this site, whether or not you are a registered user on this site.

3. Access and Use of this Site

3.1 Access to this Site or to the Services may be limited to a maximum number of times and/or duration in a given period of time.

3.2 Where this Site or part of this Site contains rules, guidelines,codes of conduct, further terms or other directions to Users, Users undertake that they shall also comply with such rules, guidelines etc. In the event of any conflict or inconsistency, these Terms shall prevail.

3.3 We may change or add to these Terms of use. We will inform you of any changes to these Terms that we intend to make by posting a notice on the Site at least 14 days before we make any changes. Your continued use of the Site will be deemed to be an acceptance of the amendments, even if a User does not visit the page on which the change or new Terms are displayed. Frequent review of this site and these Terms is therefore recommended.

3.4 If You do not wish to accept any amended Terms and Conditions You should close your account by contacting us and stop using the Services immediately.

3.5 We may, at our sole discretion, terminate, change or suspend any part of our Site, including any content, features or hours of availability.

4. Registration and using the Services

4.1 A User is responsible for maintaining the confidentiality of his or her password, account name, other details, if any, and for all activities under the User's account. Any unauthorised use of a User's account or other breach of security should be reported to Drainfast Ltd immediately. Your registration is personal to you and You may not disclose or make available your account name or password to others. Any disclosure by You of your account name and password may result in termination of your registration.

4.2 You agree that you will register in your own name only and all information provided by You will be accurate and up-to-date. You agree to promptly update any of your details on the Site as necessary.

5.Permitted and prohibited use of this site

5.1 Drainfast Ltd gives limited, non-transferable, non-exclusive, revocable permission for a User to access and make use of this Site for
purposes specified in this Site only. A User may electronically copy and print in hard copy Site Content for these purposes, provided that all copyright and proprietary  notices (where present) are retained.

5.2 Any other use of Site Content is prohibited. Without limitation, permission to use Site Content does not include derivative use of this Site or Site Content, including framing, downloading or copying of account information for the benefit of another, any use of data gathering and extraction tools, any use of Site Content on any other website.

5.3 A User may not attempt to gain unauthorised access to any part of this Site, other User accounts or any computer systems or networks connected to this Site. A User may not collect or attempt to collect personal information relating to others through this Site.

5.4 Drainfast Ltd prohibits use of this Site which it considers (in its sole discretion) to be inappropriate or distasteful.

5.5 Drainfast Ltd prohibits the use of the Site with a primary or secondary purpose, or effect, to create a false identity for the purpose of misleading others.

5.6 Drainfast Ltd reserves the right (but does not accept any obligation) to delete or restrict Users' access to Site Content and/or User Content and/or to pass relevant User Content and/or information relating to a User (including personal information) to any appropriate authority where User Content is uploaded in breach or suspected breach of any of these Terms (or their spirit or other applicable rules or terms) or any applicable law or regulations, without any requirement for any claim or complaint to be formally commenced or proved.

5.7 A User must not:

5.7.1 access or attempt to access parts of the Services that You are not authorised to access or collect or store other members' usernames, passwords or personal data;

5.7.2 avoid authentication processes or security of the Services or interfere with the use of the Services by other members;

5.7.3 use the Services to gain unauthorised access to other computer systems or interfere with services to other host providers, networks or websites.

5.7.4 reverse engineer or decompile (whether whole or in part) any software used in the Services.

5.7.5 use the Services to knowingly or recklessly transmit material,including viruses, or otherwise use the Services so as to cause harm to the Services, Drainfast Ltd or other users or which is likely to bring the Services or Drainfast Ltd into disrepute; or

5.7.6 intentionally violate any other applicable law or regulation while using the Services.

6.Limitation of Liability - User Content and Site Use

6.1 You use this Site at your own risk. In no event will we be liable to You for any loss or damage of any kind (except personal injury or death resulting from our negligence) including any lost revenue, profit, data, or for special, indirect, consequential, incidental or punitive damages howsoever caused.

6.2 Any User Content and/or Services You obtain or use or convey through Site use will be at your own discretion and risk and are subject to the disclaimers and liability limitations in these Terms. The security of this Site and User Content cannot be guaranteed.

6.3 Any termination of your membership account or the Services will not affect liability previously incurred by either of us to the other.

6.4 While Drainfast Ltd makes all reasonable commercial efforts to protect your personal information and privacy, it cannot guarantee the security of any information you disclose online. You make such disclosures at your own risk. Except in relation to personal information submitted by a Use for the purposes of registration or opening or updating that User's account, Drainfast Ltd shall not be liable in respect of and disclaims all liability in relation to all other content added by You.

6.5 Drainfast Ltd is under no obligation to become involved in any dispute that You have with other Users or in any incident that You are party to with other Users, or that are affected by or otherwise related to this Site.

6.6 Drainfast Ltd disclaims all liability relating to any User Content, including, but not limited to, any error, virus, defamation, libel, obscenity or inaccuracy contained in any User Content whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User Content and any other User Content.

7. Unauthorised Use

7.1 Drainfast Ltd disclaims all liability for unauthorised use (by other Users) of User Content, and disclaims (without limitation) all liability for use of User Content which breaches any copyright, trademark rights or other intellectual property rights of any other User or person.

7.2 A User is solely responsible for any damage (including to Site Content) resulting from use (or submission) of any User Content or the Site, including disputes and incidents and related transactions or occurrences.

7.3 Drainfast Ltd shall have no responsibility for unauthorised access to a User's account, or automatic forwarding of messages and/or viruses, caused by viruses or otherwise, to persons whose details have been submitted by a User for inclusion in any on-line address book available through this Site.

7.4 The limitations on and exclusions of liability in these Terms apply regardless of whether the liability is based on breach of contract, tort, including negligence or defamation, strict liability, breach of warranties, or any other legal theory.

7.5 You shall be responsible for any losses, expenses or other costs incurred by us which are caused by your deliberate breach of these Terms of Use.

8.Copyright

8.1 All rights, including copyright, trade marks, names and logos, used in relation to this Site are owned by or controlled for these purposes by us, except those listed on the Acknowledgements page. Nothing in this Agreement confers on You any licence or right under any of our trade marks, names or logos or those of any third party listed on the site.

8.2 Drainfast Ltd does not transfer title to any Site Content downloaded or used by User. Site Content, including its selection and arrangement, is owned by Drainfast Ltd and is protected by copyright and other laws. A User shall not have any ownership rights in any e-mail address, URL or other personal identifier that may be allocated to, or chosen by, him or her for the purposes of any Services available through this Site and a User's limited rights to use such identifier/address shall continue only for so long as a User's registration/User account remains valid for access to this Site or the relevant Service. After termination of such validity for any reason, Drainfast Ltd shall be free to use and/or allocate to other Users any such identifier/address.

8.3 Drainfast Ltd prohibits the uploading of content that is protected by intellectual property laws unless the User owns or controls the exclusive rights thereto or has received all required consents (which the User warrants if such content is uploaded).

9. Trademarks

9.1 FC Frost is a registered trademark of Drainfast Ltd, UK. All trademarks, logos, website addresses, product or model names or derivations that describe Frost products, support or services or that contain the words "FC Frost" that are included in Site Content (together with Frost marks) are trademarks and/or the property of Drainfast Ltd.

9.2 Any use of Frost Marks or permutations thereof (except as expressly authorised by Drainfast Ltd in writing) is strictly prohibited.

9.3 Other product and company names mentioned in this site may be the trademarks of their respective owners.

10. User Content

10.1 In these Terms, "User Content" is information or other content, which is or may be provided to Drainfast Ltd or inputted or uploaded by a User via this site or related means.

10.2 By uploading User Content to this Site or sending or making available User Content to other Users

or Drainfast Ltd, pursuant to or by reason of Site Services or Site Content use or otherwise, a User automatically grants (or warrants that the owner of such User Content expressly granted) Drainfast Ltd and their designees a perpetual, royalty-free, irrevocable, and non-exclusive right and license to use (including commercial use and exploitation), copy, sub-licence, reproduce, modify, adapt, publish, translate, publicly perform, display and distribute User Content, including any ideas, concepts, know-how or techniques contained therein, and create derivative works from and incorporate User Content, or any part thereof, into any form medium or technology now known or later developed throughout the world. In addition, a User warrants that he or she has the rights necessary to grant such licence and that all so-called "moral rights" in any User Content have been waived. All User Content will be considered non-confidential, not subject to any use restrictions and no User Content will be subject to any obligation of confidence on Drainfast Ltd's part.

10.3 However, this section does not apply to any personal information submitted by a User which identifies him or her. This will be processed only as provided in the personal data section of the data or registration submission form of this Site, elsewhere in these Terms and any other terms and conditions which apply specifically to any relevant transaction between a User and Drainfast Ltd.

10.4 You acknowledge that we have no control over any information made available to You on this site provided by third parties, in particular in relation to the accuracy or completeness of the data. You agree that we shall not be liable to You in any circumstances for any loss or damage at all arising from any inaccuracies, faults or omissions in, or in the provision of information unless caused by our negligence or wilful default.

11. Limitation to Your Rights

11.1 We will do our best to maintain the operation of the Services in accordance with these Terms of Use. However, we cannot guarantee that the Site will be technically suitable for viewing on your computer or that the Services will be delivered to You uninterrupted, timely, secure or error-free.

11.2 The internet is not a secure environment and we cannot guarantee that the Site and the server are free of computer viruses or other harmful applications.

11.3 Your access to the Services may be occasionally restricted to allow for repairs, maintenance, the introduction of new facilities or services, or due to events beyond our reasonable control. Where this happens, we will attempt to restore the Services as soon as we reasonably can.

11.4 We do not endorse any particular company or product.

11.5 We have no control over or proprietary interest in any websites that are hypertext linked to this Site. We make no representations or guarantees about those websites or their content, nor that the links work.

11.6 Should You purchase products or services from companies advertising on or linked to our Site, any contracts will be exclusively between You and the relevant company. We are not responsible for and do not endorse any other companies' products or services.

11.7 Except for death or personal injury caused by our negligent acts or omissions, or fraudulent misrepresentation, we shall only be liable for loss or damage which is a reasonably foreseeable consequence of a breach of these Terms of Use.

11.8 The materials, information and opinions, which may include User Content, included and/or expressed in any communications from or on this Site are not necessarily those of, or endorsed by, Drainfast Ltd. All User Content should be considered expressions of opinion only and not statements of fact.

11.9 We may suspend access to the Services or require You to change your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify you accordingly.

12. Personal Information

12.1 Except for personal information of a User submitted by that User for contact, registration and/or account opening purposes or (if applicable) personal information relating to other natural persons known to a User for inclusion in that User's online address book, Drainfast Ltd prohibits the uploading of any User Content which discloses personal or private information concerning any individual or entity, including telephone number(s), e-mail or physical addresses, User account numbers, passwords and financial information.

12.2 Where personal information relating to, or images of, another natural person are uploaded by a User, the User warrants that such person (the data subject) has given his or her consent to such submission and to the data processing that this involves and any other usage of such User Content contemplated by these Terms or on this site.

13. Review of User Content by Drainfast Ltd

13.1 Through this site, Drainfast Ltd merely offers a 'venue' for Users to access certain specified services, utilities and/or information. Drainfast Ltd cannot and does not undertake to screen, review, edit, censor or otherwise filter or control User Content or the behaviour of Users of User Content or Site Content. However, Drainfast Ltd may, but shall not be obliged to, review, either by manual or automated means, all User Content which is or may be uploaded on this Site, and monitor or review any areas of this Site where Users transmit or post communications or communicate with each other or Drainfast Ltd. Drainfast Ltd retains the right (but disclaims any obligation) to reject, not post, not use, remove, amend, deny access to and/or delete any User Content, without notification, which it, in its sole discretion, considers to be inappropriate or distasteful or otherwise in breach of these Terms (or their spirit) and without any requirement for any complaint or claim in respect of the relevant User Content to be formally commenced or proved. Drainfast Ltd retains the right to co-operate with any law enforcement authorities or in response to court and other official requests directing that Drainfast Ltd disclose the identity of anyone posting User Content.

14. Termination

14.1 We may cancel or suspend your membership account and/or suspend your access to the Services if:

14.1.1 You breach these Terms of Use or misuse the Services provided by us; or

14.1.2 You have behaved in a way which objectively could be regarded as inappropriate or is unlawful or illegal or which would bring us into disrepute.

14.1.3 Your User's account is not accessed or if You do not log-on during any period of 12 months or more, or such other period designated by Drainfast Ltd from time to time.

14.2 Drainfast Ltd also reserves the right to terminate a User's access to this Site and/or its account in Drainfast Ltd's discretion at any time without cause. In such circumstances, Drainfast Ltd will make commercially reasonable efforts to send notice of termination to Users at their last notified contact address or e-mail address.

14.3 On termination, Drainfast Ltd may remove and/or delete all the User's User Content without limiting Drainfast Ltd's general freedom to delete, or deny access to, User Content for any reason. Following termination Drainfast Ltd shall have no obligation to maintain any User Content or to forward any messages to You or any third party.

15. Storage and Loss of User Content

15.1 Where Drainfast Ltd provides e-mail facilities or other services via this Site involving the provision of computer storage space, or in relation to other relevant Services, Drainfast Ltd reserves the right to impose and vary limits and/or restrictions, temporary or otherwise on the use of the Service, including, without limitation, limits on the storage provided by reference to age of files, number and/or size of files, amount of data downloaded or uploaded or any other criteria Drainfast Ltd may specify. Without limiting the following paragraph 15.2, material which exceeds any such limit may be deleted or not accepted for such storage.

15.2 Drainfast Ltd shall not be liable for any loss, deletion, removal or failure of delivery to the intended recipient of User Light Boxes or content uploaded to this site howsoever caused. Drainfast Ltd reserves the right to deny access to this site and delete User Content at any time without notice.

16. No Warranties - Site Services and Content

16.1 All Site Content and Services are provided "as is" and "as available" and Drainfast Ltd expressly disclaims, to the maximum extent permitted by applicable law, any warranties and representations of any kind with respect to Site Content and Services, either expressed or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of third party intellectual property rights.

16.2 Drainfast Ltd gives no Warranty that Site Content is appropriate, available or permitted for use in all locations, nor that it is virus-free or as to its interoperability with any hardware, software or content or as to a User's ability through this Site to access or interact with any other users or informational or computing resources through the internet. Those who access this Site and use Site Content and/or Services are responsible for compliance with all applicable law and regulations.

16.3 Although Drainfast Ltd has attempted to verify the accuracy, reliability and currency of all Site Content, Drainfast Ltd gives no warranty as to the accuracy of any statements in this Site. Any materials, products, support, services or information at or referred to in this Site may be out of date. Drainfast Ltd makes no commitment to update Site Content. Drainfast Ltd disclaims any liability or responsibility for any errors or omissions in Site Content. Any decisions based on information contained in Site Content, or User Content, are the User's sole responsibility.

16.4 Drainfast Ltd gives no warranty that functions or Services available through and other User interactions with the Site will be constantly available, uninterrupted, secure or error-free, that defects will be corrected or that this Site or the server that makes it available are free from viruses or other harmful components. Drainfast Ltd assumes no responsibility, and are not liable for, any damage to data or loss of data from viruses or other malware that may infect, your computer equipment or other property on account of your access to, or use of this Site including downloading any images or other Site Content.

16.5 Information in Site Content and/or User Content containing forward-looking statements or statements of intention should not be relied upon. Drainfast Ltd reserves its right not to act in accordance with any such statements.

16.6 This site may contain references to specific Drainfast Ltd products and services that may not be or may not be readily available in a particular country. Any such reference shall not be taken as implying or warranting that any such products or services shall be available at any time in any particular country.

16.7 Where applicable law prohibits or limits Drainfast Ltd's exclusion of warranties as set out above, Drainfast Ltd excludes, disclaims and limits such warranties only to the maximum extent permitted by applicable law.

17. No Liability - Site Content

17.1 Drainfast Ltd and all other persons involved in creating, producing, hosting or delivering Site Content shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including in respect of loss of data, loss of profit, business interruption or time incurred or damages of any other nature, including arising out of negligence and other torts, that result from the use of, or the inability to use, Site Content, even if Drainfast Ltd or an authorised representative has been advised of the possibility of such damages.

17.2 The liability exclusions in this section apply only to the maximum extent permitted by applicable law.

17.3 In no case will Drainfast Ltd's liability for damage and loss, whether in contract, negligence, tort or otherwise, exceed the amount paid by the User for accessing this site, except as otherwise prescribed by applicable law.

17.4 Nothing in these Terms shall exclude Drainfast Ltd's liability for death or personal injury arising from Drainfast Ltd's negligence.

18. Personal Information, Privacy and Cookies

18.1 You consent to the processing of data personal to You, such as your name and title, address, telephone number, contact details and other personal details, hereinafter, "Personal Data", in accordance with the terms notified in the personal data, or similarly entitled, part of the registration/data input form for this Site.

18.2 The processing of your Personal Data is necessary for the personalisation of your visit to this Site and the granting and controlling of access to this Site or parts thereof to registered Users and You consent to such processing.

18.3 Drainfast Ltd may share, make available or transmit Personal Data to other departments and divisions in Drainfast Ltd subject to Drainfast Ltd's strict compliance with applicable data protection laws. Drainfast Ltd will not disclose Personal Data to entities and persons without your consent, except in the cases below.

18.4 Drainfast Ltd may use, process and disclose without restriction any anonymous or generic data, including statistics, in which You cannot be identified.

18.5 By accessing this site, the User accepts and agrees that Drainfast Ltd or its service providers may send cookies to your computer or other access devices in order to personalise your visit to this Site and/or to learn more about your use or browsing habits while visiting this Site. The cookie may contain personal information about You and may be a persistent or single session cookies.

19. Indemnity

19.1 The User shall indemnify Drainfast Ltd and their officers, agents, employees and service providers and hold them harmless in respect of all losses, costs, proceedings, damages, expenses, including reasonable legal costs and expenses, or liabilities howsoever incurred by any of them as a result of any claim by a third party resulting from a breach or non-observance by a User of any prohibition, or restriction on a User's activities in relation to this Site contained in these Terms, or of any undertaking, representation or warranty of a User contained in these Terms and in relation to any claim by any person in respect of matters, responsibilities or obligations that have been disclaimed by Drainfast Ltd under these Terms.

20. Linking to and From this Site

20.1 You must seek and obtain the written consent of Drainfast Ltd before creating any link to this Site. All authorised links to this Site must be to the home page of the Site, must make it clear that this Site and the Site Content are distinct from the website containing the link and must make it clear that this Site is owned and operated by Drainfast Ltd.

20.2 Drainfast Ltd may provide, or third parties, with consent as above, may provide, hypertext links to and/or from other internet websites or resources. The inclusion of such links in this Site is for convenience only and does not imply endorsement by Drainfast Ltd of any other website or any association with the operators of such sites. Drainfast Ltd encourages discretion when browsing our Site or external websites and resources. Some websites may contain or link Users to websites containing information that may be considered inappropriate or offensive. External websites may send their own cookies to Users, collect data and/or solicit personal information.

20.3 User's visit any external websites via links from this site entirely at the User's own risk.

20.4 Drainfast Ltd has not confirmed the accuracy or reliability of any information in external websites or resources linked or accessed via this Site, or which link to this Site. Drainfast Ltd shall not be responsible for, and disclaims all warranties, express and implied, as to, the accuracy, validity, legality, copyright compliance, decency or otherwise of any materials or information contained in external websites or resources. Drainfast Ltd shall not be liable, directly or indirectly, for any damage or loss caused or allegedly caused by the use of or reliance on any content, products, support or services available on or through any external websites or resources.

21. Offers

21.1 Nothing on this web-site shall constitute an offer by us to provide to any person any information or any goods or services.

22. Miscellaneous

22.1 If any part of these Terms of Use is found by a court to be invalid or unenforceable, the remaining provisions will continue in full force and effect and shall continue to be legally binding and enforceable.

22.2 Without prejudice to the disclaimers and liability limitations in these Terms, no claim or action against Drainfast Ltd may be brought by any person in relation to or arising out of this Site unless such claim or action is commenced and notified to Drainfast Ltd in writing within 1 year after the date the cause of action first arose.

22.3 Drainfast Ltd employees and agents are not authorised to vary these Terms. Nothing said by any sales or customer relations person on behalf of Drainfast Ltd should be understood as a variation of these Terms or as an authorised, legally binding representation about this Site or the nature or quality of products or Services displayed or other Site Content.

22.4 The headings in these Terms are for convenience only and shall have no effect on the construction of these Terms.

22.5 If You breach these Terms of Use and we ignore this, we will still be entitled to enforce all these terms at a later date or in any other situation where you breach the Terms of Use.

22.6 These Terms of Use and the agreement between You and Us for the provision of the Services are only available in the English language.

23. Disputes and Law

23.1 These Terms of Use and the agreement between You and Us are governed by English law and we both agree to submit to the exclusive jurisdiction of the English courts.