Online Privacy Statement

PDF Version – Online Privacy Statement

Contents

  1. General
  2. Use of Content – Copyright, etc.
  3. Rules of Conduct
  4. Managing Content
  5. No Endorsement – Link Sites
  6. Indemnity
  7. Modification or Termination of Service
  8. Disclaimer of Warranties; Limitation of Liability
  9. International Users
  10. Privacy Policy – Cookies
  11. Data Protection Statement
  12. Miscellaneous

 

1. General

1.1 This Website Service (the “Service”) is provided by Smith Brothers Stores (SBS) Ltd. and its affiliated businesses and is to be used for information purposes only. The following agreement governs your use of the Service, including any interactive areas (the “Interactive Areas”). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement (the “Agreement”), govern your use of those areas.

1.2 SBS reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by SBS as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.

2. Use of Content – Copyright, trademarks …etc…

2.1 You acknowledge that the Service contains information, software, photographs, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of SBS or third parties. All Content on the Service is copyrighted as a collective work of SBS pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, non-commercial use.

2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorised by the owner of the software’s patent and/or copyright. You may post on the Service only Content owned by you, or for which you have received express permission from the owner, or Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain.

2.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of SBS or the owners of such Content or their authorised persons, if other than SBS.

2.4 SBS does not want you to, and you should not, send any confidential or proprietary information to SBS via the Service. You agree that any information or materials that you or individuals acting on your behalf provide to SBS will not be considered confidential or proprietary. By providing any such information or materials to SBS, you grant to SBS an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that SBS is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to SBS.

3. Rules of Conduct

You shall not post on the Service any Content which (a) is libellous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to purchase products or services competitive with products or services sold by SBS.

4. Managing Content

SBS does not and cannot review the Content posted by users on the Service and is not responsible for such Content. However, SBS reserves the right to delete, move or edit any Content (including Content posted in any Interactive Area) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. Crane shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.

5. Endorsement – Link Sites

5.1 SBS does not represent or endorse the accuracy or reliability of any Content posted on any Interactive Area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of SBS.

5.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the “Link Sites”). You acknowledge that SBS is not responsible for the availability of, or the content located on or through, any Link Site. You should contact the site administrator or Webmaster for those Link Sites if you have any concerns regarding such links or the content located on such Link Sites.

6. Indemnity

You agree to indemnify, defend and hold SBS and its affiliated business units, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “SBS Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees on an indemnity basis) incurred by any SBS Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorised by you. SBS reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with SBS’s defence of such claim.

7. Modification or Termination of Service

SBS reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the Interactive Areas, at any time for any reason without prior notice or liability. SBS may change, modify, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.

8. Disclaimer of Warranties; Limitation of Liability

8.1 NEITHER SBS NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SBS, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NONE OF SBS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, OR ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER SBS NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. SBS ASSUMES NO RESPONSIBILITY FOR DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM AS A RESULT OF USE OF THE SERVICE OR THE CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

8.2 CERTAIN SBS BUSINESS UNITS AND THEIR INTERNET LINKS OFFER KNOWN FORMULAS AND CONFIGURATIONS OR THE LIKE (SOMETIMES CALLED “TOOLS”) AS PART OF THE SERVICE ON THEIR WEBSITES TO PROVIDE USERS THE CONVENIENCE OF REACHING A PRELIMINARY DETERMINATION ON THE SIZE, SHAPE OR FUNCTION OF A PRODUCT OR SERVICE WHICH IS OFFERED. THE ACCURACY OF THE RESULTS OF USING A TOOL IS DEPENDENT ON THE CORRECT INPUT OF DATA AND VALUES BY THE USER. SBS CANNOT BE HELD RESPONSIBLE FOR ANY DETERMINATION AS TO THE APPROPRIATENESS OF ANY PRODUCT OR SERVICE FOR ANY PARTICULAR APPLICATION AND THE USER ASSUMES ALL RISK AND LIABILITY FOR ANY SUCH DETERMINATION. NEITHER SBS NOR ANY THIRD PARTY PROVIDER OR AGENT ASSUMES ANY LIABILITY FOR ANY PRODUCT APPLICATION OR SERVICE BASED ON THE USE OF A TOOL.

8.3 NEITHER SBS, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CRANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.4 THE LIABILITY OF SBS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. International Users

This Service is controlled, operated and administered by SBS from its offices within the United Kingdom. SBS makes no representation that the Content on this Service is appropriate or available for use at other locations outside of the United Kingdom and access to it from territories where the Content is illegal, is prohibited. You may not use the Service or export the Content in violation of UK. export laws and regulations. If you access this Service from a location outside of the United Kingdom, you are responsible for compliance with all local laws.

10. Privacy Policies

SBS is sensitive to the privacy issues that may concern our Web site visitors. We believe it is important that you know how we treat your personal information as we receive it through the Internet.

In general, you can visit SBS on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect domain names, not e-mail addresses. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed, etc. SBS uses this information to measure the use of our Service and to improve its Content.

There are times, however, when we may need information from you such as your name and address. When this information is needed, we will try to let you know how that information will be used at the time of collection. Usually, the personal information we collect is used only by us to respond to your inquiry, or to allow you to access specific account information. Occasionally, we may make individual e-mail addresses available to other reputable organisations whose products or services we think you may find interesting. In these cases, you will be offered an opportunity to limit access to your information.

If you register with one of the SBS businesses on-line, they may use this information to provide you with customised content regarding SBS offerings in support of your business needs. A technology called “cookies” may also be used to provide you with tailored data. A cookie is a small code-based object that a Web site can send to your browser, which may then be stored on your hard drive so that we can recognise you when you return. You may set your browser to notify you when you receive a cookie.

At times we conduct on-line surveys to better understand the needs of our visitors. When we conduct a survey, we will try to let you know how we will use the information at the time that it is collected from you.

The SBS Web site may contain links to other sites such as SBS distributors and sales affiliates. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites.

Please e-mail us at adrian.smith@sbs.co.uk if you have any comments or questions about this Privacy Policy or to report any violations of the Privacy Policy. We will respond to you within 24 to 48 hours in most cases. Also, if you don’t want to be contacted in the future by the brand whose Web site you entered, or if you would like us to correct or update your Personal Information in our records, please contact adrian.smith@sbs.co.uk and indicate the nature of your request in the Subject line.

SBS will take reasonable steps to comply with the foregoing requests.

11. Data Protection Statement

In accordance with the Data Protection Act 1998 (the “Act”) this statement is notification that you may be a data subject within the meaning of the Act. The Company intends to comply with the provisions of the Act and, accordingly, notifies you that the data controller is [SBS Ltd] and that the data you provide to the Company will be processed for the purposes of processing your order and/or for the purposes of marketing and sales analysis. Data may be disclosed to other companies within the [SBL Group] and to the hosts of this site. By accessing this site you hereby consent to the processing of personal data for the purposes specified in this statement.

12. Miscellaneous

This Agreement constitutes the entire agreement between SBS and you with respect to your use of the Service. Any claim or cause of action you may have with respect to your use of the Service must be commenced within one (1) month after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

This Agreement shall be construed in accordance with the laws of England, and the parties submit to the exclusive jurisdiction of the English Courts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Sections 2, 6, 8, 9, 10 and 12 shall survive any termination of this Agreement as well as any other provisions that by their terms or sense are intended to survive.