Terms and Conditions

(Last Updated 03 July 2020)

1. Agreement to Terms

1.1 These Terms and Conditions constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (you), and Infrared Heating UK Ltd, located at Infrared Heating UK , 4/2 New Lairdship Yards, Edinburgh, Midlothian,
EH11 3UY
(we, us), concerning your access to and
use of the Infrared Heating UK ( https://www.infraredheatinguk.co.uk ) website as well as any related applications (the Site).

We are an online marketplace that provides infrared heating products and
installation services to consumer and business clients.
(Services). You agree that by accessing the Site and/or
Services, you have read, understood, and agree to be bound by all of these
Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you
are prohibited from using the Site and Services and you must
discontinue use immediately
. We recommend that you print a copy of these Terms and Conditions for
future reference.

1.2 The supplemental policies set out in Section 1.7 below, as well as any
supplemental terms and condition or documents that may be posted on the
Site from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The
updated version of these Terms and Conditions will be indicated by an
updated “Revised” date and the updated version will be effective as soon as
it is accessible. You are responsible for reviewing these Terms and
Conditions to stay informed of updates. Your continued use of the Site
represents that you have accepted such changes.

1.4 We may update or change the Site from time to time to reflect changes
to our products, our users’ needs and/or our business priorities.

1.5 Our site is directed to people residing in United Kingdom. The
information provided on the Site is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or
country.

1.6 The Site is intended for users who are at least 18 years old. If you
are under the age of 18, you are not permitted to register for the Site or
use the Services without parental permission.

1.7 Additional policies which also apply to your use of the Site include:

  • Our Privacy Notice https://infraredheatinguk.co.uk/privacy-policy/ , which sets out the terms on which we process any personal data we collect
    from you, or that you provide to us. By using the Site, you consent to such
    processing and you warrant that all data provided by you is accurate.

2. Acceptable Use

2.1 You may not access or use the Site for any purpose other than that for
which we make the site and our services available. The Site may not be used
in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.

2.2 As a user of this Site, you agree not to:

  • Systematically retrieve data or other content from the Site to a compile
    database or directory without written permission from us
  • Make any unauthorized use of the Site, including collecting usernames
    and/or email addresses of users to send unsolicited email or creating user
    accounts under false pretenses
  • Use a buying agent or purchasing agent to make purchases on the Site
  • Use the Site to advertise or sell goods and services
  • Circumvent, disable, or otherwise interfere with security-related features
    of the Site, including features that prevent or restrict the use or copying
    of any content or enforce limitations on the use
  • Engage in unauthorized framing of or linking to the Site
  • Trick, defraud, or mislead us and other users, especially in any attempt to
    learn sensitive account information such as user passwords
  • Make improper use of our support services, or submit false reports of abuse
    or misconduct
  • Engage in any automated use of the system, such as using scripts to send
    comments or messages, or using any data mining, robots, or similar data
    gathering and extraction tools
  • Interfere with, disrupt, or create an undue burden on the Site or the
    networks and services connected to the Site
  • Attempt to impersonate another user or person, or use the username of
    another user
  • Sell or otherwise transfer your profile
  • Use any information obtained from the Site in order to harass, abuse, or
    harm another person
  • Use the Site or our content as part of any effort to compete with us or to
    create a revenue-generating endeavor or commercial enterprise
  • Decipher, decompile, disassemble, or reverse engineer any of the software
    comprising or in any way making up a part of the Site
  • Attempt to access any portions of the Site that you are restricted from
    accessing
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or
    other users
  • Delete the copyright or other proprietary rights notice from any of the
    content
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP,
    HTML, JavaScript, or other code
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
    horses, or other material that interferes with any party’s uninterrupted
    use and enjoyment of the Site, or any material that acts as a passive or
    active information collection or transmission mechanism
  • Use, launch, or engage in any automated use of the system, such as using
    scripts to send comments or messages, robots, scrapers, offline readers, or
    similar data gathering and extraction tools
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
  • Use the Site in a manner inconsistent with any applicable laws or
    regulations
  • Threaten users with negative feedback or offering services solely to give
    positive feedback to users
  • Misrepresent experience, skills, or information about a User
  • Advertise products or services not intended by us
  • Falsely imply a relationship with us or another company with whom you do
    not have a relationship

3. Information you provide to us

3.1 You represent and warrant that: (a) all registration information you
submit will be true, accurate, current, and complete and relate to you and
not a third party; (b) you will maintain the accuracy of such information
and promptly update such information as necessary; (c) you will keep your
password confidential and will be responsible for all use of your password
and account; (d) you have the legal capacity and you agree to comply with
these Terms and Conditions; and (e) you are not a minor in the jurisdiction
in which you reside, or if a minor, you have received parental permission
to use the Site.

If you know or suspect that anyone other than you knows your user
information (such as an identification code or user name) and/or password
you must promptly notify us at info@infraredheatinguk.co.uk.

3.2 If you provide any information that is untrue, inaccurate, not current
or incomplete, we may suspend or terminate your account. We may remove or
change a user name you select if we determine that such user name is
inappropriate.

3.3 As part of the functionality of the Site, you may link your account
with online accounts you may have with third party service providers (each
such account, a Third Party Account) by either: (a)
providing your Third Party Account login information through the Site; or
(b) allowing us to access your Third Party Account, as is permitted under
the applicable terms and conditions that govern your use of each Third
Party Account.

You represent that you are entitled to disclose your Third Party Account
login information to us and/or grant us access to your Third Party Account
without breach by you of any of the terms and conditions that govern your
use of the applicable Third Party Account and without obligating us to pay
any fees or making us subject to any usage limitations imposed by such
third party service providers.

3.4 By granting us access to any Third Party Accounts, you understand that
(a) we may access, make available and store (if applicable) any content
that you have provided to and stored in your Third Party Account (the “ Social Network Content”) so that it is available on and
through the Site via your account, including without limitation any friend
lists; and (b) we may submit and receive additional information to your
Third Party Account to the extent you are notified when you link your
account with the Third Party Account.

Depending on the Third Party Accounts you choose and subject to the privacy
settings that you have set in such Third Party Accounts, personally
identifiable information that you post to your Third Party Accounts may be
available on and through your account on the Site. Please note that if a
Third Party Account or associated service becomes unavailable or our access
to such Third Party Account is terminated by the third party service
provider, then Social Network Content may no longer be available on and
through the Site.

You will have the ability to disable the connection between your account on
the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service
providers associated with your third party accounts is governed solely
by your agreement(s) with such third party service providers.
We make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality or non-infringement,
and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book
associated with a Third Party Account and your contacts list stored on your
mobile device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the Site.
At your email request to info@infraredheatinguk.co.uk or through your
account settings (if applicable), we will deactivate the connection between
the Site and your Third Party Account and attempt to delete any information
stored on our servers that was obtained through such Third Party Account,
except the username and profile picture that became associated with your
account.

4. Content you provide to us

4.1 There may be opportunities for you to post content to the Site or send
feedback to us (User Content). You understand and agree
that your User Content may be viewed by other users on the Site, and that
they may be able to see who has posted that User Content.

4.2 You further agree that we can use your User Content for any other
purposes whatsoever in perpetuity without payment to you, and combine
your User Content with other content for use within the Site and
otherwise. We do not have to attribute your User Content to you
.

4.3 In posting User Content, including reviews or making contact with other
users of the Site you shall comply with our Acceptable Use Policy.

4.4 You warrant that any User Content does comply with our Acceptable Use
Policy, and you will be liable to us and indemnify us for any breach of
that warranty. This means you will be responsible for any loss or damage we
suffer as a result of your breach of this warranty.

4.5 We have the right to remove any User Content you put on the Site if, in
our opinion, such User Content does not comply with the Acceptable Use
Policy.

4.6 We are not responsible and accept no liability for any User Content
including any such content that contains incorrect information or is
defamatory or loss of User Content. We accept no obligation to screen, edit
or monitor any User Content but we reserve the right to remove, screen
and/or edit any User Content without notice and at any time. User Content
has not been verified or approved by us and the views expressed by other
users on the Site do not represent our views or values

4.7 If you wish to complain about User Content uploaded by other users
please contact us at info@infraredheatinguk.co.uk.

5. Our content

5.1 Unless otherwise indicated, the Site and Services including source
code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics on the Site (Our Content)
are owned or licensed to us, and are protected by copyright and trade mark
laws.

5.2 Except as expressly provided in these Terms and Conditions, no part of
the Site, Services or Our Content may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
permission.

5.3 Provided that you are eligible to use the Site, you are granted a
limited licence to access and use the Site and Our Content and to download
or print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use.

5.4 You shall not (a) try to gain unauthorised access to the Site or any
networks, servers or computer systems connected to the Site; and/or (b)
make for any purpose including error correction, any modifications,
adaptions, additions or enhancements to the Site or Our Content, including
the modification of the paper or digital copies you may have downloaded.

5.5 We shall (a) prepare the Site and Our Content with reasonable skill and
care; and (b) use industry standard virus detection software to try to
block the uploading of content to the Site that contains viruses.

5.6 The content on the Site is provided for general information only. It is
not intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from taking,
any action on the basis of the content on the Site.

5.7 Although we make reasonable efforts to update the information on our
site, we make no representations, warranties or guarantees, whether express
or implied, that Our Content on the Site is accurate, complete or up to
date.

6. Link to third party content

6.1 The Site may contain links to websites or applications operated by
third parties. We do not have any influence or control over any such third
party websites or applications or the third party operator. We are not
responsible for and do not endorse any third party websites or applications
or their availability or content.

6.2 We accept no responsibility for adverts contained within the Site. If
you agree to purchase goods and/or services from any third party who
advertises in the Site, you do so at your own risk. The advertiser, and not
us, is responsible for such goods and/or services and if you have any
questions or complaints in relation to them, you should contact the
advertiser.

7. Site Management

7.1 We reserve the right at our sole discretion, to (1) monitor the Site
for breaches of these Terms and Conditions; (2) take appropriate legal
action against anyone in breach of applicable laws or these Terms and
Conditions; (3) refuse, restrict access to or availability of, or disable
(to the extent technologically feasible) any of your Contributions; (4)
remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way a burden to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site and Services.

7.2 We do not guarantee that the Site will be secure or free from bugs or
viruses.

7.3 You are responsible for configuring your information technology,
computer programs and platform to access the Site and you should use your
own virus protection software.

8. Modifications to and availability of the Site

8.1 We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without notice.
We also reserve the right to modify or discontinue all or part of the
Services without notice at any time.

8.2 We cannot guarantee the Site and Services will be available at all
times. We may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in interruptions,
delays, or errors. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use
the Site or Services during any downtime or discontinuance of the Site or
Services. We are not obliged to maintain and support the Site or Services
or to supply any corrections, updates, or releases.

8.3 There may be information on the Site that contains typographical
errors, inaccuracies, or omissions that may relate to the Services,
including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information at any time, without
prior notice.

9. Disclaimer/Limitation of Liability

9.1 The Site and Services are provided on an as-is and as-available basis.
You agree that your use of the Site and/or Services will be at your sole
risk except as expressly set out in these Terms and Conditions. All
warranties, terms, conditions and undertakings, express or implied
(including by statute, custom or usage, a course of dealing, or common law)
in connection with the Site and Services and your use thereof including,
without limitation, the implied warranties of satisfactory quality, fitness
for a particular purpose and non-infringement are excluded to the fullest
extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness
of the Site’s content and are not liable for any (1) errors or omissions in
content: (2) any unauthorized access to or use of our servers and/or any
and all personal information and/or financial information stored on our
server; (3) any interruption or cessation of transmission to or from the
site or services; and/or (4) any bugs, viruses, trojan horses, or the like
which may be transmitted to or through the site by any third party. We will
not be responsible for any delay or failure to comply with our obligations
under these Terms and Conditions if such delay or failure is caused by an
event beyond our reasonable control.

9.2 Our responsibility for loss or damage suffered by you:

If you are a business user :

We will not be liable to you for any loss or damage, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, even
if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site/Services; or
  • use of or reliance on any content displayed on our Site.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.
  • If you are a consumer user:
  • Please note that we only provide our Site for domestic and private use. You
    agree not to use our Site for any commercial or business purposes, and we
    have no liability to you for any loss of profit, loss of business, business
    interruption, or loss of business opportunity.
  • You have legal rights in relation to goods that are faulty or not as
    described. Advice about your legal rights is available from your local
    Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms
    and Conditions will affect these legal rights.

10. Term and Termination

10.1 These Terms and Conditions shall remain in full force and effect while
you use the Site or Services or are otherwise a user of the Site, as
applicable. You may terminate your use or participation at any time, for
any reason, by following the instructions for terminating user accounts in
your account settings, if available, or by contacting us at
info@infraredheatinguk.co.uk.

10.2 Without limiting any other provision of these Terms and Conditions, we
reserve the right to, in our sole discretion and without notice or
liability, deny access to and use of the Site and the Services (including
blocking certain IP addresses), to any person for any reason including
without limitation for breach of any representation, warranty or covenant
contained in these Terms and Conditions or of any applicable law or
regulation.

If we determine, in our sole discretion, that your use of the Site/Services
is in breach of these Terms and Conditions or of any applicable law or
regulation, we may terminate your use or participation in the Site and the
Services or delete your profile and any content or information that you
posted at any time, without warning, in our sole discretion.

10.3 If we terminate or suspend your account for any reason set out in this
Section 9, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.

11. General

11.1 Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders
and other records and to electronic delivery of notices, policies and
records of transactions initiated or completed by us or via the Site.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by other than electronic
means.

11.2 These Terms and Conditions and any policies or operating rules posted
by us on the Site or in respect to the Services constitute the entire
agreement and understanding between you and us.

11.3 Our failure to exercise or enforce any right or provision of these
Terms and Conditions shall not operate as a waiver of such right or
provision.

11.4 We may assign any or all of our rights and obligations to others at
any time.

11.5 We shall not be responsible or liable for any loss, damage, delay or
failure to act caused by any cause beyond our reasonable control.

11.6 If any provision or part of a provision of these Terms and Conditions
is unlawful, void or unenforceable, that provision or part of the provision
is deemed severable from these Terms and Conditions and does not affect the
validity and enforceability of any remaining provisions.

11.7 There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms and
Conditions or use of the Site or Services.

11.8 For consumers only – Please note that these Terms and Conditions, their subject matter and
their formation, are governed by English law. You and we both agree
that the courts of England and Wales will have exclusive jurisdiction
expect that if you are a resident of Northern Ireland you may also
bring proceedings in Northern Ireland, and if you are resident of
Scotland, you may also bring proceedings in Scotland.

11.9 For business users only – If you are a business user, these Terms and Conditions, their subject
matter and their formation (and any non-contractual disputes or claims)
are governed by English Law. We both agree to the exclusive
jurisdiction of the courts of England and Wales
.

11.10 A person who is not a party to these Terms and Conditions shall have
no right under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of these Terms and Conditions.

11.11 In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us by
email at info@infraredheatinguk.co.uk or by post to:

Infrared Heating UK

4/2 New Lairdship Yards

Edinburgh, Midlothian, EH11 3UY