WHERE DESIGN MEETS THE SURFACE
TERMS & CONDITIONSTERMS & CONDITIONS
Terms and Conditions
1. Copyright Licence/ Trademarks
1.1 All Website content is protected by copyright of Muraspec or other owners.
1.2 Subject to this clause 1 and the other obligations upon you contained in these Terms, Muraspec grants and you accept a non-exclusive, non-transferable licence to access and use the Website for your own personal use.
1.3 You agree to fully indemnify and to hold Muraspec indemnified from and against any claim brought by a third party resulting from your use of the Website and in respect of all losses, costs, actions, claims, expenses or liabilities whatsoever suffered or incurred directly by Muraspec in consequence of any breach or non-observance of these Terms.
1.4 By uploading, emailing, posting, publishing or otherwise transmitting content to the Website or submitting any content to Muraspec, you automatically grant (or warrant that the owner of such rights has expressly granted) Muraspec a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
1.5 The designs, trademarks, logos, and service marks ("Designs") displayed on this Website are the property of Muraspec or other third parties. You are not permitted to use the Designs without the prior written consent of Muraspec or such third party which may own the Designs.
1.6 Muraspec reserves the right to revoke your licence to use this Website at any time, and any such use shall be discontinued immediately upon written notice from Muraspec.
2. Restrictions Upon Copying
2.1 You may utilise Website content strictly for your own personal use.
2.2 Copying of Website content is permitted only in accordance with these Terms. You may not otherwise copy, reproduce, distribute, edit or amend Website content or otherwise incorporate Website content into any other publication or work in any form of media. Any request to copy Website content outside the scope of the licence granted in these Terms should be emailed to email@example.com. Muraspec reserves its right to refuse to grant any such request.
3. Information Service Provision
3.1 Muraspec reserves the right at its discretion to refuse at any time without notice to:
3.1.1 Accept any registration; or
3.1.2 Provide access to the Website.
3.2 The Website is normally intended to be available 24 hours a day and 7 days a week. Muraspec will not be liable for any failure to achieve this level of availability.
3.3 The Website may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair and for other reasons beyond the control of Muraspec.
3.4 You agree that Muraspec may, in its sole discretion, at any time terminate your access to the Website and any account(s) you may have in connection with the Website.
4. Obligations and Restrictions
4.1 You will operate, at your own expense, a terminal or personal computer system, modem, telephone access and communication software and any other facilities required for accessing the Website. Muraspec will not be liable for any loss or damage howsoever arising resulting from any acts or omissions of you or of any service provider or other person through whom you may access the Website.
4.2 Muraspec will make all reasonable attempts to exclude viruses (and similar destructive devices) from the Website but cannot guarantee the exclusion of viruses (and similar destructive devices) and you should, therefore, take appropriate steps in respect of this risk.
4.3 You will keep confidential any password(s) or username(s) allocated to you and agree not to disclose any such password(s) or username(s) to any third party. You are fully responsible for all activities that occur under your password(s). You agree to notify Muraspec immediately of any unauthorised use of your password(s).
4.4 Your use of and activities upon the Website must not:
4.4.1 be false, inaccurate or misleading;
4.4.2 be offensive or menacing, abusive or defamatory;
4.4.3 infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4.4.4 be fraudulent;
4.4.5 be in breach of any applicable laws or regulations, licences or third party rights;
4.4.6 be obscene, indecent or contain child pornography;
4.4.7 constitute unsolicited bulk e-mail, "junk mail," "spam" or chain letters;
4.4.8 cause Muraspec to lose (in whole or in part) the services of any partner, internet service provider or other supplier;
4.4.9 interfere in any way with the proper working of the Website and in particular you must not circumvent security, tamper with, hack into or disrupt the operation of the Website or surreptitiously intercept, access without authority or expropriate any system, data or personal information as defined in the Data Protection Act 1998;
4.4.10 cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
4.5 Except where expressly authorised by Muraspec, you agree not to collect or store personal data about other users.
5. Updating Website Information
6. Disclaimer and Limitation of Liability
6.1 Website information (including without limitation product information) is provided for general information purposes only and does not constitute bespoke advice that is suitable for any individual or organisation. Although the information is considered to be accurate at the time of publication, and is reviewed periodically, you are responsible for checking the accuracy of information before taking or refraining from any action based upon it.
6.2 Muraspec makes no warranties, representations or undertakings about any Website content (including, without limitation, as to its quality, accuracy, completeness or fitness for any particular purpose) or any content of any other website linked to it.
6.3 Muraspec, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of Muraspec's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Nothing in this legal notice shall exclude or limit Muraspec's liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
6.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
7.1 No links to this Website may be established without Muraspec's written permission. If you wish to provide a link to the Website please email your request to firstname.lastname@example.org with full details.
7.2 Links from the Website are provided for your convenience only and do not represent Muraspec's endorsement of or affiliation with the linked Website. You access any such links entirely at your risk.
8. Limitation of Offer
8.1 Muraspec makes no offer to supply any goods and/ or services through the Website.
8.2 Any request for goods or services made by you is subject to express acceptance by Muraspec in accordance with applicable terms.
9.1 As email is insecure, Muraspec does not warrant, guarantee or undertake that any message sent to or from you will be secure or will not be intercepted and read.
10. Data Protection
10.1 Information provided to Muraspec is used in accordance with applicable data protection legislation and Muraspec's Data Protection Statement, details of which are available at www.bbrown.co.uk
11.1 Muraspec, its affiliates and agents are entitled, but not obliged, to review or retain your communications while you are visiting the Website. Muraspec may monitor your communications to evaluate the quality of service you receive, the security of the service, or for other reasons. You agree that Muraspec's monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Muraspec monitors your communications. In no event will Muraspec be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of Muraspec's monitoring activities.
12. Entire Agreement
12.1 These Terms:
12.1.1 represent the whole agreement and understanding between Muraspec and you in respect of the matters referred to herein; and
12.1.2 shall, except in the case of fraud, override and no reliance shall be placed upon any other verbal or written representations, warranties or understandings in respect of the subject matter of these Terms.
12.2 The remedies available to you are exclusively those available under these Terms.
12.3 You acknowledge that by using the Website you have expressly agreed the provisions of this clause 12.
13.1 Muraspec reserves the right to vary these Terms from time to time and you accept the varied Terms if you continue to use the Website after variation.
13.2 If any provision of these Terms is held to be void or unenforceable in whole or in part, the Terms shall continue to be valid as to all other provisions and the remainder of the affected provision.
13.3 The Website services are provided from England, irrespective of your location.
13.4 None of the provisions of these Terms are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not a user of this Website.
14. Applicable Law
14.1 These Terms shall be governed by and construed in accordance with English law and each party to these Terms submits to the exclusive jurisdiction of the English courts.
Please note our Glasgow trade counter / branch will be closed for maintenance from Thursday 27/06/13, re-opening on Monday 15/07/13. There will be no collections or branch access available during this period.