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.