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TERMS OF USE OF THE WEBSITE

 

Agreement between user and Excel Industries

The web site (https://www.excel-industries.com ) is comprised of various web pages operated by Excel Plumbing Products Limited, trading as Excel Industries is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Excel Industries web site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to be legally bound by these terms and conditions and the Excel Industries Privacy Statement then you must not use or access any part of our web site excel-industries.com. Excel Industries will not be responsible for, and will not be liable for, the website being temporarily unavailable due to technical issues or hardware failures beyond our control.

 

Modification of these terms of use

Excel Industries reserves the right to change the terms, conditions, and notices under which the web site is offered, including but not limited to the charges associated with the use of the web site to reflect changes in our product range, supporting documentation, user requirements and changes to our business.

 

 

Links to third party sites

Excel Industries is not responsible for the content or availability of any linked site, including without limitation any link contained in the linked site, or any changes or updates to a linked site. Any links contained on our website to other sites and third parties resources are provided for your information only and are not under the control of Excel Industries.

Excel Industries is not responsible for webcasting or any other form of transmission received from any linked site and is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement of the site or any association with the linked third parties resources or its website operators.

 

 

No unlawful or prohibited use

As a condition of your use of the Excel Industries the trading name of Excel Plumbing Products Limited web site, you guarantee that you will not use the web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Furthermore you may not use the Excel Industries web site in any manner which could damage, disable, overburden, or impair Excel Industries or interfere with any other party's use and enjoyment of the Excel Industries web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Excel Industries web site

 

 

Use of communication services

The Excel Industries web site may contain bulletin board services, chat areas, news groups, forums, communities, personal login areas, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "communication services"), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. By way of example, and not as a limitation, you agree that when using a communication service, you will not:

·         Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

·         Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

·         Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

·         Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

·         Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

·         Conduct or forward surveys, contests, pyramid schemes or chain letters.

·         Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner.

·         Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

·         Restrict or inhibit any other user from using and enjoying the Communication Services.

·         Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

·         Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

·         Violate any applicable laws or regulations.

 

Excel Industries is not obliged to monitor the communication services. However, Excel reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion.  Excel Industries reserves the right to terminate your access to any or all of the communication services and internal web access at any time without notice for any reason whatsoever.

Excel Industries reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in sole discretion from the web site.

 

Always use caution when giving out any personally identifying information about yourself in any communication service. Excel Industries does not control or endorse the content, messages or information found in any communication service and, therefore, Excel Industries specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers, staff and hosts are not authorised as spokespersons of the company, and their views do not necessarily reflect those of Excel Industries. Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

Materials provided to Excel Industries or posted to Excel Industries

Excel Industries does not claim ownership of the materials you provide to the website (including feedback and suggestions) or post, upload, input or submit to any Excel Industries web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Excel Industries, its affiliated companies and necessary sublicenses permission to use your submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission. No compensation will be paid with respect to the use of your Submission, as provided herein.

Excel Industries is under no obligation to post or use any submission you may provide and may remove any submission at any time by its sole discretion. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

 

Liability Disclaimer

The information, system software, products, documentation and services included in or available online through the Excel Industries website may include typographical errors or inaccuracies and are periodically revised or added to the information herein. Excel Industries and / or its suppliers and web software designers may make improvements to the web site at any time.  Advice received via the Excel Industries website should not be solely relied upon for personal, medical, legal or financial decisions and you should consult with an appropriate professional for specific advice tailored to your situation.

Excel Industries and/or its suppliers and web software designers make no representations about the suitability, reliability, availability, timeliness of supply and accuracy of the information, software, products, services and related graphics and images contained on the Excel Industries website. For any purpose, to the maximum extent permitted by applicable law, all such information software, products, services and related graphics and images are provided “as is” without warranty or condition of any kind.

Excel Industries and/or its suppliers and web software designers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics and images including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. If you are a business or a consumer you should note that these terms of use, their subject matter and their formation, are governed by Irish law. By using the Excel Industries website you consent that the courts of Ireland will have exclusive jurisdiction.

To the maximum extent permitted by applicable law in Ireland, in no event shall Excel Industries and/or its suppliers and web software designers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Excel Industries website with the delay or inability to use the Excel Industries website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics or images obtained through the Excel Industries website, or otherwise arising out of the use of the Excel Industries website whether based on contract, tort, negligence, strict liability or otherwise, even if Excel Industries or any of its suppliers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the Excel Industries website or with any of these terms of use, your sole and exclusive remedy is to discontinue using or accessing any content or link on the Excel Industries website.

Service contact: info@excel-industries.com

 

Termination/Access restriction

Excel Industries reserves the right, in its sole discretion, to terminate your access to the Excel Industries web site and the related online services or any portion thereof at any time, without notice. By using the Excel Industries website you consent that the courts of Ireland will have exclusive jurisdiction in all disputes arising out of or relating to the use of the Excel Industries web site.

Use of the Excel Industries web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Excel Industries as a result of this agreement or use of the Excel Industries web site.

Excel Industries services’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Excel Industries web site or information provided to or gathered by Excel Industries with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Excel Industries superseding all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Excel Industries. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

Copyright and Trademark notices

All contents of the Excel Industries website are Copyright 2019 to Excel Industries and/or its suppliers. All rights are reserved. You are not permitted to use them without prior approval which must be requested in writing.  Nothing in these terms shall be interpreted as conferring any rights or permission to use any trademark, design right, copyright or intellectual property right belonging to products and services of Excel Industries and its suppliers.

 

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners, any rights not expressly granted herein are reserved.