Website Terms & Conditions
1. Our Contract
These terms & conditions ("Website Terms") apply to your use of the Toolman Yardley Ltd website at www.toolmanyardley.co.uk (the "Website", which term shall include all content on the Website). You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, you must not use the Website.
2. Your use of the Website
2.1 You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else´s enjoyment of the Website.
2.2 You may use, download and display the contents of this Website on a computer screen and also print one copy of such content, but solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent:
• copy, reproduce, use or otherwise deal with any content on the Website;
• modify, distribute or re-post any content on the Website for any purpose;
• reproduce, crawl, frame, link to or deep-link into this Website on or from any other website or application/app or any other device connected to the Internet;
• use the content of the Website for any commercial exploitation whatsoever.
2.3 You may not use the Website for any of the following purposes:
• disseminating any unlawful, libellous, threatening, abusive, bullying, vulgar, obscene, or otherwise objectionable material;
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice;
• gaining unauthorised access to our or other computer systems;
• interfering with any other person's use or enjoyment of the Website or the Internet;
• interfering or disrupting networks or web sites connected to the Website;
• making, transmitting or storing electronic copies of materials protected by copyright.
3. Use of this Website from outside the UK
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Toolman Yardley Ltd products and services available in the UK. Those who choose to access this Website from locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
4. Ownership of rights
4.1 The content of the Website is protected by copyright, trade marks, database and other intellectual property rights. All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Toolman Yardley Ltd.
4.2 If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign (on a worldwide basis to the fullest extent permitted by law) those rights to Toolman Yardley Ltd (including any rights you may have in user generated content that you submit through the Website). You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website.
4.3 You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
5. Password/account security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We will not be liable for any loss or damage which may arise as a result of any failure by you to protect your password or account.
6. Availability of the Website
6.1 We can make no promise that the services at the Website will be consistently fault free. If a fault occurs in the service please report it to our Twitter team @ToolmanYardley and we will attempt to correct the fault as soon as we reasonably can.
6.2 Access to the Website may occasionally be restricted or limited to allow for repairs, upgrades or general maintenance. We will endeavour to restore access as soon as we can.
7. Damage to your computer or other device
7.1 Toolman Yardley Ltd uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device.
7.2 It is your responsibility to ensure that you have the right equipment and software (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device.
7.3 We shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
7.4 We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. We do not accept any liability in respect of the use of these websites.
8. Accuracy of content
8.1 Toolman Yardley Ltd disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party (to the extent permitted by applicable law).
8.2 The views expressed in user generated content are the opinions of those users and do not necessarily represent the views, opinions, beliefs or values of Toolman Yardley Ltd.
9. Advertising and Sponsorship
The Website may contain advertising and sponsorship. These advertisers and sponsors are responsible for ensuring that material submitted to us complies with relevant laws and codes. We will therefore not be responsible for any error or inaccuracy in advertising and sponsorship material.
10. Our liability
10.1 The Website is provided by us for your use without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
10.2 We shall not be responsible for any breach of these Website Terms caused by circumstances beyond our control.
10.3 We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.
10.4 Except to the extent required by applicable law, we shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.
10.5 These Website Terms shall not limit or exclude any liability that we are not permitted to limit or exclude under applicable law (such as death or personal injury).
11. Entire Agreement
These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
12. Changes to these Website Terms
We reserve the right to change and update these Website Terms from time to time. We recommend that you revisit this page regularly to keep informed of the current Website Terms. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
13. Applicable Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
14.1 If any provision of these Website Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Website Terms, which shall remain in full force and effect.
14.2 A person who is not a party to these Website Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Website Terms but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
14.3 The Website is owned and operated by Toolman Yardley Ltd a company registered in England whose registered store is at 1762-1764 Coventry Road, Yardley, Birmingham, B26 1PB