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
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.
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.
unlawful or prohibited use
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
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
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
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
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.
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.
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
Always use caution when
giving out any personally identifying information about yourself in any communication
service. Excel Industries
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.
provided to Excel Industries or posted to Excel Industries
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.
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.
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.
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.
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
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
sole and exclusive remedy is to discontinue using or accessing any content or
link on the Excel Industries website.
Service contact: email@example.com
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
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
a result of this agreement or use of the Excel
Industries web site.
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.
and Trademark notices
All contents of the Excel Industries website
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.
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.