Conditions of use
We advise both all users to print and keep safe a copy of these conditions.
Effect of this notice
1.1 By accessing and/or using the Website on the internet (irrespective of whether or not you register as a user) you agree to the following terms.
1.2 These conditions are subject to periodic amendment as we reserve the right to alter any and all of these terms at our discretion. The continued use of the Website by users constitutes acceptance of these changes. Users should ensure that they regularly visit this page.
1.3 Access to the Website does not necessarily require users to register.
General disclaimers – applicable to all users
2.1 We provide our Website and its contents on an “as is” and “as available” basis. We do not represent or warrant that access to the Website, or any part of it will be uninterrupted, reliable or fault free. We accept no liability in the event that the Website becomes partly or wholly unavailable at any time for whatever reason nor do we accept liability for any unauthorised access to or any alteration, theft, corruption or destruction of information or data howsoever caused.
2.2 We make no, and expressly disclaim representations or warranties of any kind, express or implied in respect of the Website or the information, content, materials or products and services included in it including, but not limited to, information or content on the chatroom area of the Website.
2.3 Whilst we endeavour not to make the Website misleading, we do not represent or warrant that any advice, opinion, information or software provided or transmitted to you via our Website or email communications transmitted in connection with the operation of the Website is accurate, complete, current, reliable, error free or free from viruses.
2.4 Except to the extent stated in these conditions or otherwise agreed in writing we shall have no obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever in connection with the use of the Website other than for death or personal injury resulting from our negligence or for fraud on the part of our employees whilst acting in the course of their employment. In particular neither we nor any of our directors, employees or representatives will be liable for consequential loss or damage suffered, directly or indirectly, by you or any third party arising from the operation or use of the Website including but not limited to wasted time or expenditure, loss of data, income or profits, production, business revenue, expected savings or goodwill, loss of or damage to property or any claim by any person.
2.5 Any personal data that users disclose to us is dealt with in accordance with our privacy policy as incorporated within these terms. Users acknowledge that unless otherwise agreed in writing we have an unlimited right to use and disclose and permit the further use of any none personal data provided by you in connection with your use of the Website and such information shall be treated as none confidential.
2.6 We reserve the right to suspend or, with cause, terminate the access of any user to all or any part of the Website at any time with or without notice at our discretion and to decline to provide the service to any user that is in breach of these terms and conditions of use. If notice is to be served, this will be deemed to have been adequately served three hours after e-mail transmission to such persons e-mail address as notified to us.
2.7 We may permit specified parties to advertise and offer for sale certain goods and services. Any contract that users make for the purchase of goods or services from these parties will be with the specified third party and not with us. We will not be responsible for any error or inaccuracy in advertising material. Advertisers and sponsors are responsible for ensuring that any material they submit to the Website is compliant with all relevant laws.
2.8 Any competitions, prize draws or promotions on the Website are subject to terms that will be made available at the time of the competition, prize draw or promotion.
2.9 The Website is for public access and is not intended to cater for individual requirements. The content of the Website does not constitute any form of advice, recommendation or other arrangement by us. Users should not rely on the Website’ s content in making, or refraining from making, any decision. Any arrangements made between users or third parties named on this Website are at their sole risk and responsibility.
2.10 The Website contains links to other sites. Such links are clearly indicated although such sites may be co-branded with this Website and so may include our trade marks. We are not responsible for the content or availability of such sites and will not be contractually implicated in any transaction for goods or services available from such sites.
2.11 We hope that you find the contents of the Website and any communications in connection with it useful but if you do have any complaints about them or their content, you should contact us or write to Dunlop Marketing, Longton Road, Trentham, Stoke on Trent, ST4 8JB, and we can help prevent you from receiving further communications.
Intellectual property – applicable to all users
3.1 Unless otherwise stated any copyright, trademarks, logos and service marks (where applicable) displayed on our Website are owned and shall remain our sole property or are licensed by us and reproduced under the authority of their owner.
3.2 Permission is given for the downloading and temporary storage of any or all of the contents of our Website from time to time, for the purpose of viewing on a personal computer or a public terminal. Permanent storage, retransmission, redistribution, publication and modification of any of the contents of our Website as amended from time to time is prohibited without our prior written approval (or except as may be required by law). Written request should be addressed to Dunlop Marketing, Building Adhesives Ltd, Longton Road, Trentham, Stoke-on-Trent, ST4 8JB, England.
3.3 You may not commercially exploit the material and content of the Website. You may not, without our prior written authorisation remove the trade mark or copyright notices from copies of material made under these terms. You may not create an electronic or manual database of any or all of the Website content.
Data protection and privacy policy
4.1 We are committed to ensuring that your privacy is protected. Please see our Privacy Policy to explain in full how we use the information we collect about you and how you can instruct us if you prefer to limit the use of that information and the procedures that we have in place to safeguard your privacy.
General
5.1 We welcome your views about our Website and our privacy policy. If you would like to contact us with any queries or comments please send an email to dunlopmarketing@building-adhesives.com.
5.2 These conditions do not confirm any right enforceable by any third party in connection with the use of the Website.
5.3 The law applicable to these conditions is English law and you submit to the exclusive jurisdiction of the English courts in all matters connected with these conditions.
5.4 Your rights under these terms may not be assigned, sub-let or otherwise transferred. Rights and remedies under these terms will not be waived by a failure of either party to exercise any right or remedy under these terms. If this term or any of these terms is found to be invalid by a court with competent jurisdiction, the remaining terms will be unaffected and remain valid.
In these conditions “we”, “us” and “our” means dunloptrade.com or Building Adhesives Limited as applicable and “you” and “your” means the user/visitor being a user as relevant.
www.dunloptrade.com is owned by Building Adhesives Limited a company registered in England & Wales whose registered office is at Longton Road, Trentham, Stoke-on-Trent, ST4 8JB.
Acceptable use policy
6.1 Your use shall comply with all applicable laws and/or regulations from time to time in force.
6.2 You shall not:
6.3 in any matter infringe (or do anything that may infringe) the intellectual property rights or other proprietary rights of third parties or any applicable law;
6.4 commit or encourage a criminal offence or otherwise or do anything unlawful or in breach of any regulation or code of practice;
6.5 knowingly distribute a virus or other electronic material with harmful or destructive properties;
6.6 seek or obtain unauthorised or otherwise unlawful access to any third party computer or telecommunications system or interfere with the functioning of any such systems;
6.7 distribute material that is, or may constitute, any type of unsolicited advertising or other promotional materials by multiple emails or other electronic means, commonly referred to as “spam”;
6.8 publish, send or receive material that is: infringing of any third party intellectual property or other proprietary rights; pornographic, offensive, abusive, indecent, hoax, obscene or menacing; in breach of confidence, privacy or any other rights; libellous, blasphemous or defamatory; unlawful; or potentially damaging or harmful to any person;
6.9 do anything which does not confirm with the acceptable use policies of any connected networks and Internet standards generally;
6.10 use the site for any illegal purpose; or
6.10.1 post any material deemed illegal or against public policy in any relevant jurisdiction.
6.10.2 We reserve the right to amend the Acceptable Use Policy at any time.
6.10.3 In these conditions “we” means Building Adhesives Limited and “you” means the user.
General
7.1 You shall indemnify us against any loss, damage or injury to us and against any claim in respect of loss, damage or injury made against us and all costs and expenses in connection therewith which results from any breach by you of these conditions or any improper use of the Website or any information we supply in the course of its use by you.
7.2 These conditions do not confer any right enforceable by any third party in connection with the use of the Website.
7.3 The law applicable to these conditions is English law and you submit to the jurisdiction of the English courts in all matters connected with these conditions.
7.4 In these conditions “we” means Building Adhesives Limited and “you” means the user.
Technical information and advice
8.1 Where the Company supplies any information, opinion, recommendation or advice (“information”) the customer must check its suitability for the particular application in which any goods are intended to be used and the Company accepts no liability whatsoever for any loss, damage or expense arising from the use of any information it provides. Without prejudice to the generality of the foregoing the Company shall not be liable for the consequences of any incorrect use of any goods or poor workmanship on the part of the customer or user.
Extent of liability
8.1 Except to the extent stated in these conditions or otherwise agreed in writing by it:
8.2 the Company shall have no obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever under or in connection with any contract for the sale of any goods other than for death or personal injury resulting from its negligence or for fraud on the part of any of its employees whilst acting in the course of their employment; and
8.3 in particular, the Company shall have no liability for any consequential loss or damage suffered, directly or indirectly, by the customer under or in connection with any contract for the sale of any goods, including but not limited to wasted time or expenditure, loss of profits, production, business revenue, expected savings or goodwill or any claim against the customer by any person.
8.4 The Company’s liability under or in connection with any contract for the sale of any goods shall in no circumstances exceed their invoice value.
8.5 The Company shall be discharged of all liability to which these conditions apply unless proceedings are begun within twelve (12) months after the customer became aware (or should reasonably have become aware) of the facts giving rise to such liability.
Termination or suspension
9. If the customer fails to make any payment when and as due or otherwise defaults in any of its obligations under any contract for the supply of goods by the Company to the customer or any other agreement between the Company and the customer, the Company shall, without prejudice to any other remedy, be entitled, at its discretion, without liability to the customer, by giving the customer written notice at any time or times, to suspend its performance of or (whether or not such performance has previously been suspended) terminate such contract.
Force majeure
10. The Company shall not be liable for any delay or other failure to perform the whole or any part of any contract resulting from any cause whatsoever beyond the Company’s control existing at the date of the contract or arising thereafter including but not limited to fire, explosion, breakdown or failure of plant or machinery, lack or failure of transportation facilities, or the supply of labour, materials or power, strike, lockout or labour dispute (whether or not at the Company’s works), illness, epidemic, flood, drought, war, civil commotion, or restriction of any authority or governmental agency and the time for performance shall be extended by the period of any such delay.
Additional Considerations
11.1 The Company operates a continuous programme for the development and improvement of its goods and reserves the right to alter their specifications at any time without notice and to deliver goods conforming to the altered specification in fulfilment of any contract; no contract shall constitute a sale by sample notwithstanding that any products may have been exhibited to or inspected by the customer. The Company also reserves the right at any time to update any information it provides, without notice.
11.2 The Company may at its discretion sub-contract all or any of its obligations under the contract but the contract shall not be assigned by the customer without the Company’s prior written consent.
11.3 The acceptance of cancellation of any contract requested by the customer shall be at the Company’s discretion and take effect only when written confirmation of such acceptance has been given by the Company.
11.4 The customer shall, in its promotion of the Company’s products or those of any other supplier, in the form of advertisements, leaflets or other matter, or in any other medium, including the internet, comply with all directions from time to time given by the Company as to the use of its trade marks, business or product names, logos or the like and shall not reproduce in whole or in part any of the Company’s advertising, promotional or other material without first obtaining the Company’s consent.
11.5 A person who is not party to the contract shall not have any rights under or in connection with it.
11.6 This agreement supersedes and invalidates all other commitments, representations and warranties relating to the subject matter hereof which may have been made by the parties either orally or in writing prior to the date hereof, and which shall become null and void from the date this agreement is signed.
Law, jurisdiction and construction
12.1 The contract shall be governed by English law and the parties consent to the exclusive jurisdiction of the English courts in all matters relating to the contract except to the extent the Company invokes the jurisdiction of the courts of any other country.
12.2 The headings of conditions are for convenience of reference only and shall not affect their interpretation.