Terms & Conditions
BRETT LANDSCAPING WEBSITE POLICY
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO COMPLY WITH THEM.
PART 1 - TERMS OF WEBSITE USE
1. Terms of website use
1.3 By using our sites, you confirm that you accept these Terms of Website Use and that you agree to comply with them. If you do not agree to these Terms of Website Use, you must not use any of our sites.
1.4 If you purchase goods from any of our sites, our terms and conditions of supply will apply to the sales.
2. Information about us
Our sites are operated by Brett Landscaping Limited ("We"). We are a limited company registered in England and Wales under company number 342312 and have our registered office at 150, Aldersgate Street, London EC1A 4AB. Our main trading address is Sileby Road, Barrow-upon-Soar, Leicestershire LE12 8LX. Our VAT number is GB201138818.
3. Changes to these terms
We may revise these Terms of Website Use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
4. Changes to our sites
4.1 We may update our sites from time to time, and may change the content at any time. However, please note that any of the content on our sites may be out of date at any given time, and we are under no obligation to update it.
4.2 We do not guarantee that our sites, or any content on it, will be free from errors or omissions.
5. Accessing our sites
5.1 Our sites are made available free of charge.
5.2 We do not guarantee that our sites, or any content on them, will always be available or be uninterrupted. Access to our sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our sites without notice. We will not be liable to you if for any reason our sites are unavailable at any time or for any period.
5.3 You are responsible for making all arrangements necessary for you to have access to our sites.
6. Your account and password
6.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, and refuse or terminate access to any or any part of our sites at any time in our sole discretion.
6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at the contact details provided under clause 16 below.
7. Intellectual property rights
7.1 We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation to content posted on our sites.
7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.
7.5 You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.
7.6 If you print off, copy or download any part of our sites in breach of these Terms of Website Use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. No reliance on information
8.1 The content on our sites are 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, any action on the basis of the content on our sites.
8.2 Use of the PermCalc Permeable Pavement Design Calculator accessed via any of our websites is subject to the same terms of the PermCalc disclaimer which can be found separately on the PermCalc site.
8.3 Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites are accurate, complete or up-to-date.
9. Limitation of our liability
9.1 Nothing in these Terms of Website Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our sites or any content on them, whether express or implied.
9.3 We will not be liable to any user 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 sites; or use of or reliance on any content displayed on our sites.
9.4 If you are a business user, please note that 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.
9.5 If you are a consumer user, please note that we only provide our sites for domestic and private use. You agree not to use our sites 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.
9.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on them, or on any website linked to any of them.
9.7 We assume no responsibility for the content of websites linked on any of our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9.8 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you, which will be set out in our terms and conditions of supply
10. Uploading content to our sites
10.1 Whenever you make use of a feature that allows you to upload content to our sites, or to make contact with other users of our sites, you must comply with the content standards set out in our Acceptable Use Policy in Part 3 below.
10.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
10.3 Any content you upload to our sites will be considered non-confidential and non-proprietary, and we have the right to use and copy any such content for any internal, non-commercial purposes.
10.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
10.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our sites.
10.6 We have the right to remove any posting you make on our sites if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy in Part 3 below
10.7 The views expressed by other users on our sites do not represent our views or values.
11.1 We do not guarantee that our sites will be secure or free from bugs or viruses.
11.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our sites. You should use your own virus protection software.
11.3 You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites is stored or any server, computer or database connected to our sites. You must not attack any of our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use any or all of our sites will cease immediately.
12. Linking to our sites
12.1 You may not establish a link to any of our sites from another website or document without our prior written consent.
12.2 We reserve the right to withdraw any written linking permissions given hereunder without notice.
13. Third party links and resources in our sites
13.1 Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only.
13.2 We have no control over the contents of those sites or resources.
14. Applicable law
14.1 If you are a consumer, please note that these Terms of Website Use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, 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.
14.2 If you are a business, these Terms of Website Use, its subject matter and its 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.
15. Trade Marks
"Brett", "Brett Landscaping" and “Brett Landscaping and Building Products” are UK registered trade marks of Brett Landscaping Limited.
Questions, comments and requests regarding these Terms of Website Use are welcomed and should be addressed to [email protected] or Brett Landscaping and Building Products, Sileby Road, Barrow-upon-Soar, Leicestershire LE12 8LX.
17.1 We are committed to protecting and respecting your privacy.
17.2 This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
17.3 For the purpose of the Data Protection Act 1998 (the Act), the data controller is Brett Landscaping of Sileby Road, Barrow-upon-Soar, Leicestershire LE12 8LX.
18. Information we may collect from you
We may collect and process the following data about you:
Information that you provide by filling in forms on our sites. This includes information provided at the time of registering to use any of our sites, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with any of our sites.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through any of our sites and of the fulfilment of your orders.
Details of your visits to our sites [including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise] and the resources that you access.
19. IP addresses
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
20. Where we store your personal data
20.2 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of any of our sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
21. Uses made of the information
21.1 We use information held about you in the following ways:
To ensure that content from our sites is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service (if any), when you choose to do so.
To notify you about changes to our service.
For purposes of internal record keeping.
21.2 We may also use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by post or telephone.
21.3 If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
21.4 If you are a new customer we will contact you by electronic means only if you have consented to this.
21.5 If you do not want us to use your data in this way, please tick the relevant box situated on the form in which we collect your data (the registration or order form).
21.6 We do not disclose information about identifiable individuals to our advertisers.
22. Disclosure of your information
22.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
22.2 We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If we or substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
23. Your rights
23.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at the address provided under clause 16 above.
23.2 Our sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
24. Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
PART 3 - ACCEPTABLE USE POLICY
26. Acceptable Use
This acceptable use policy (Acceptable Use Policy) sets out the terms between you and us under which you may access our sites. This acceptable use policy applies to all users of, and visitors to, our sites. Your use of our sites means that you accept, and agree to abide by, all the policies in this acceptable use policy.
27. Prohibited uses
27.1 You may use our sites only for lawful purposes. You may not use our sites.
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards under clause 28.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
27.2 You also agree:
Not to reproduce, duplicate, copy or re-sell any part of any of our sites in contravention of the provisions of our Terms of Website Use as set out herein.
Not to access without authority, interfere with, damage or disrupt:
any part of our sites;
any equipment or network on which our sites are stored;
any software used in the provision of our sites; or
any equipment or network or software owned or used by any third party.
28. Content Standards
28.1 These content standards apply to any and all material which you contribute to any of our sites (contributions).
28.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
28.3 Contributions must:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
28.4 Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
29. Suspension and termination
29.1 We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our sites. When a breach of this policy has occurred, we may take such action as we deem appropriate.
29.2 Failure to comply with this acceptable use policy constitutes a material breach of these Terms of Website Use upon which you are permitted to use our sites, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use any of our sites.
Immediate, temporary or permanent removal of any posting or material uploaded by you to any of our sites.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
29.3 We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
30. Changes to the acceptable use policy
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our sites.
31.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
31.3 We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our sites. They include, for example, cookies that enable you to log into secure areas of our sites, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our sites when they are using it. This helps us to improve the way our sites work, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our sites. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our sites, the pages you have visited and the links you have followed. We will use this information to make our sites and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
31.5 You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our sites.
Brett Landscaping and Building Products 2013