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Terms and Conditions

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  1. If you use this website, these terms and conditions apply to you.
  2. I will do my best to ensure the information here is correct, but it may not be. Use it at your own risk.
  3. If it's important, get professional help and advice.
  4. Whatever happens, it's not my fault.
Themis, the goddess of justice.
Themis, the goddess of justice and divine law and order.

Introduction

BuildFact[1] provides this website[2] subject to these general terms and conditions and my privacy policy. Additional services may be provided subject to additional specific terms. If there is a conflict between these terms and conditions and other specific terms, then the latter will prevail.

By using BuildFact, you agree to be bound by both these terms and conditions and my privacy policy. These terms[3] shall take effect immediately upon your first use of this website. If you do not agree to be bound by these terms please do not access, use or contribute to BuildFact.

Contents

  1. Website Information.
  2. Intellectual Property.
  3. External Links.
  4. User Contributions.
  5. Use of BuildFact.
  6. Warranties.
  7. Liability.
  8. Information Use.
  9. General.
  10. Definitions.

1: Website Information

All reasonable effort is made to ensure that the information[4], provided here is correct. However BuildFact makes no representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information on this website and shall not be bound in any manner by any information contained here. BuildFact reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only. You and your company rely on the information contained on this website entirely at your own risk.

Price and Availability

The price and availability of goods and services shown on this website may not be correct. I will make all reasonable effort to ensure the accuracy of such information but errors and omissions may occur. If the price or availability of a product or service provided by a merchant[5] changes, there will be a delay before BuildFact shows the latest information.

In the event of a price error on this website neither BuildFact nor the merchant is under any obligation to provide the product or service at the incorrect price. Before entering into any agreement, you must confirm with the merchant the price and availability of the product or service. Any agreement to buy a merchant's product or service, promoted by BuildFact, is strictly between you and the merchant.

This does not affect your statutory rights if you are a consumer, nor is it intended to exclude my liability to you for fraudulent misrepresentation.

Technical Specification

The technical details relating to a product or service as shown on this website may not accurately represent the product or service as sold by the merchant. Before entering into any agreement, you must confirm with the merchant that the product or service meets your requirements.

Note

If you find an error or omission on this website, please let me know and I will make any corrections as appropriate.
Here are my contact details.

2: Intellectual Property

All intellectual property[6], content and applications located on BuildFact shall remain the property of BuildFact and its licensors. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, sell, broadcast, transmit, distribute or otherwise use BuildFact content in any way except for your own personal, non commercial use. You also agree not to adapt, alter, or create a derivative work from any BuildFact content except for your own personal, non commercial use. Any other use of BuildFact content requires the prior written permission of BuildFact.

The names, images and logos identifying BuildFact, or third parties and their products and services are subject to intellectual property rights. Nothing contained in these terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of BuildFact or any other third party.

3: External Links

External links may be provided for your convenience to third party websites that are controlled and maintained by others. No representation is made as to their content. Any link from BuildFact to a third party website is not an endorsement of that website and your use or reliance on that website is at your own risk.

When visiting external links you should refer to that website's terms and conditions of use.

4: User Contributions

In order to contribute content to BuildFact, I may require you to create a user account. Any personal information supplied to BuildFact as part this process or any other interaction with BuildFact will be collected, stored and used in accordance with my privacy policy.

If I require you to open a user account to contribute content or use a BuildFact service, you will be required to complete a registration process by providing certain information including a username and password. You are responsible for maintaining the confidentiality of your username and password and also for all your account activity. You agree to immediately notify me of any unauthorised use of your password or account or any other security breach.

In no event will BuildFact be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username or password. You may not use another person's account for any reason or contribute posing as some else.

BuildFact is not responsible for any content you contribute to public areas on this website, such as forums, bulletin boards, hosted pages, chat rooms, or any other public areas. Content, whether submitted by you or any other user, is not endorsed or approved by BuildFact. I have no obligation to monitor or review user contributions but I reserve the right to edit or delete contributions that I believe breach these terms.

User Account

Your user account must be created with a valid personal email address that you access regularly so that I can send you administrative emails. I may require you validate the email address you supplied. Further, I reserve the right to close your user account at my sole and absolute discretion.

Copyright

By contributing content[7] to BuildFact you agree to grant BuildFact, free of charge, permission to use such content in any way I choose. This includes the right to modify and adapt your content for editorial or operational reasons. This permission is non exclusive, you may continue to use your content as you wish, and you remain the copyright owner of such content.

If you do not wish to grant BuildFact the permission as set out in these terms, please do not contribute content to BuildFact.

In order that BuildFact can use your contribution, you confirm that:

  1. It is your own original work.
  2. It does not infringe any UK law.
  3. You have the right to give BuildFact permission as defined here.
  4. You have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16.
  5. You have read my privacy policy.
  6. The content is acceptable as defined below.

Acceptability

I have the right, but not the obligation, to delete, edit, move, remove or refuse any content contributed by you or other third party, without notice, at my sole and absolute discretion.

I may use these rights if I believe a contribution:

  1. Could defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties.
  2. Is obscene, profane or indecent.
  3. Is sexually oriented, racially offensive or otherwise objectionable.
  4. Could contain viruses, corrupted files or any other similar software or programmes that may damage the operation of this website and/or a third party's computer system and/or network.
  5. May violate copyright, trade mark or other applicable UK or international intellectual property rights of BuildFact or any third party.
  6. Could breach UK or international laws.
  7. Contains marketing or promotional material.
  8. Is the same or similar to other content or has been submitted multiple times.
  9. Is off topic with regard to the posted location.
  10. Contains languages other than English.
  11. Contains a URL that leads to a webpage or website that contains content that is unacceptable as defined by these terms.

If you believe that a piece of content is unacceptable, please contact me with the details and I will decide what action to take.

Termination

I have the right to terminate your access to any or all of the services provided by this website at any time, without notice, for any reason, including but not limited to, breach of these terms and conditions. Further I may at any time, at my sole discretion, discontinue any or all services without prior notice. You agree that I shall not be liable to you or any third party for such action.

5: Use of BuildFact

You agree to use BuildFact only for lawful purposes, and in a way that does not infringe the rights or inhibit anyone else's use or enjoyment of BuildFact. Specifically you agree not to use this website to send or post any message or material that is unlawful, harassing, disruptive, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic, likely to cause distress, or violates any applicable law.

Where your use of this website was in breach of these terms, you hereby indemnify BuildFact against any loss, liability, damage or expense of whatever nature, including reasonable legal costs and expenses, BuildFact may suffer, which is caused by or attributable to, whether directly or indirectly, your use of this website.

6: Warranties

BuildFact makes no warranties, representations, statements or guarantees, whether express, implied in law or residual, regarding this website, the information contained on this website, your or your company's personal information or material and information transmitted over my system.

7: Liability

Use of BuildFact is at your own risk. The information, products and services contained on this website, are provided AS IS and on an AS AVAILABLE basis. To the extent permitted by law, BuildFact excludes all representations, endorsements or warranties whether express or implied by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. BuildFact does not guarantee the timeliness, completeness or performance of this website or any of its content. While I will try to ensure that all content provided by BuildFact is correct at the time of publication, no responsibility is accepted by or on behalf of BuildFact for any errors, omissions or inaccurate content on this website.

To the extent permitted by law, BuildFact shall not be liable for any loss or damage that you or a third party may incur, even if such loss or damage were foreseen, foreseeable, known or otherwise arising out of or in connection with your use of this website.

Specifically BuildFact will not be liable for the following:

  1. Loss of business.
  2. Loss of revenue.
  3. Loss of anticipated profits.
  4. Loss of goodwill.
  5. Loss of or injury to reputation.
  6. Loss of data.
  7. Losses and or damages suffered by a third party.
  8. Any indirect, consequential, special or exemplary damages arising from the use of BuildFact.

BuildFact disclaims all responsibility and liability for: any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of this website, any information contained on this website, your or your company's personal information or material and information transmitted over my system. In particular BuildFact shall not be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delay, inaccuracy, error, or omission of any information or its transmission, or for any action taken in reliance on or by reason of non-performance or interruption, or termination thereof.

BuildFact does not warrant that this website will meet your requirements, that content will be accurate or reliable, that the functionality will be uninterrupted or error free, that defects will be corrected, or that BuildFact or the server that makes it available are free from viruses, bugs, or anything else which may be harmful or destructive. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your requirements for the accuracy of data input and output.

Content on BuildFact may have been contributed by members of the public. The views expressed in such content are theirs and unless specifically stated are not those of BuildFact. BuildFact is not responsible for content provided by members of the public or for the availability or content of any third party website that are accessible through BuildFact.

Nothing in these terms and conditions shall be construed so as to exclude or limit liability of BuildFact for death or personal injury as a result of BuildFact negligence.

8: Information Use

Information on this website is intended for use in the UK. I make no warranties that the information is suitable for use outside of the UK, or that it complies with laws, regulations or standards of any other jurisdiction. The information on this website is of a general nature and as such I make no warranty or representation that it is appropriate for your specific use.

By accessing this website, you warrant and represent to me that you are legally entitled to do so and to make use of the information made available.

9: General

Entire Agreement

These terms constitute the sole record of the agreement between you and BuildFact in relation to your use of this website. Neither you nor BuildFact shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and BuildFact.

Alteration

BuildFact may from time to time choose to modify these terms and conditions, and privacy policy. You acknowledge that by using BuildFact, you agree to be bound by the current version of these terms. It is your responsibility to regularly review these terms. If you do not agree to any changes that have been made, you should immediately cease using BuildFact. Unless stated in the current version, all previous versions shall be superseded by the current version.

Conflict

Where any conflict or contradiction appears between the provisions of these terms and any other relevant terms and conditions, policies or notices; the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of this website shall prevail in respect of your use of that section or module.

Waiver

No failure, delay, indulgence or extension of time by BuildFact to exercise or enforce any rights in these terms will constitute a waiver of such terms, save in the event or to the extent that BuildFact has signed a written document expressly waiving or limiting such rights.

Cession

BuildFact shall be entitled to cede, assign or delegate all or any of its rights and obligations contained in these terms to any third party.

Severance

All provisions of any relevant terms and conditions, policies and notices are, not withstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision which is or becomes unenforceable in any competent jurisdiction because it is deemed void, invalid, unlawful or otherwise unenforceable, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be severed and treated as if not written. All remaining provisions shall remain in full force and effect and continue to be binding and enforceable.

Governing law

These terms shall be governed by and interpreted in accordance with English law. You hereby consent to the exclusive jurisdiction of English law in respect of any disputes arising in connection with BuildFact, this website or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

Comments or Questions

If you have any questions, comments or concerns about this website, these terms, my privacy policy or any other, policy, notice or the way in which I am handle personal information please contact me.

10: Definitions

  1. BuildFact ("BuildFact,", "I", "me", "we," "us," or "our"): Means me and this website.
  2. Website ("Websites"): Means websites owned and/or operated by BuildFact. These include, but not limited to, buildfact.co.uk and buildfact.com.
  3. Terms: Means these terms and conditions and my privacy policy.
  4. Information: Means collectively all the information, opinions, research, data and content contained on this website. Regardless of whether the source was BuildFact or any third party or data or content provider.
  5. Merchant: Means a third party company supplying a product or service that is promoted by BuildFact.
  6. Intellectual property: Means all registered and unregistered copyright, trade marks, patents, design rights and other intellectual property rights.
  7. Content: Means text, photographs, graphics, audio, video or page presentation and design, and any combination thereof.

These terms and conditions where last updated on 18th June 2008