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Terms of Use

Website Terms of Use

TERMS OF USE

 

By Using jdsdiy.com and underlying JDSDIY websites, You Accept These Terms of Use.

 

Please read these Terms of Use carefully and ensure that you understand them before using Our Site. These Terms of Use, together with any other terms referred to herein (unless otherwise stated), set out the terms of use governing your use of this website, “jdsdiy.com and all of its subdomains” (“Our Site”). It is recommended that you keep a copy of these Terms of Use for your future reference.

These Terms of Use were last updated on 23/12/2020.

Your use of Our Site indicates your agreement to comply with these Terms of Use. If you do not agree to these Terms of Use, you must stop using Our Site immediately. You will also be required to accept these Terms of Use if you sign up for an Account.

The following documents may also apply to your use of Our Site:

·         Our Privacy Policy Cookies Policy, and GDPR policy, available at jdsdiy.com/privacy-notice. This is also referred to below in Parts 3, 7, and 17.

·         Our Acceptable Terms of Use, available at jdsidy.com/terms-of use. This is also referred to below in Parts 3, 7, 10, 11, and 16.

·         If you purchase goods from Us, Our Terms of Sale, available at jdsdiy.com/terms-of-sale-b2c, jdsdiy.com/terms-of-sale-b2b, will apply to the sale of individual and business buyers consequently. These terms are also referred to below in Parts 13 and 14.

 

1.            Definitions and Interpretation

1.1          In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”

means an account required to access certain features on Our Site, as set out in Part 7;

“Contact Tools”

means any online communications facility that We make available on Our Site enables you to contact Us including, but not limited to, contact forms and live chat;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User”

means a user of Our Site;

“User Content”

means reviews, comments, any other means of correspondence and communication, shared by Users on Our Site; and

“We/Us/Our”

means JDS DIY LTD and the subsidiaries of JDS DIY Group.

2.            Information About Us

2.1          Our Site is operated by JDS DIY LTD. We are a limited company registered in England and Wales under company number 10357875. Our address is JDS DIY, Unit S, Highfield Road, Little Hulton, Manchester M38 9ST, United Kingdom.

2.2          Our VAT number is GB278968912.

 

3.            How to Contact Us and Your Use of Our Contact Tools

3.1          To contact Us by email, please email Us at  or contact Us by telephone, please call Us on <<insert telephone number>>.

3.2          We provide the following Contact Tools for you to contact Us:

·         contact form found on our contact us page, a live chat that can be accessed on any page of our website.

3.3          When using Our Contact Tools or contacting Us by any other means, Our Acceptable Terms of Use, available at jdsdiy.com/terms-of-use, applies. You must not communicate, submit, or otherwise do anything that:

a)            is obscene, deliberately offensive, hateful, or otherwise inflammatory;

b)            discriminates against or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;

c)            promotes violence;

d)            is sexually explicit;

e)            in any way sexualises minors (including, but not limited to, child sexual abuse material);

f)             promotes, encourages, incites, or supports acts of terrorism;

g)            promotes or assists in any form of unlawful activity;

h)            is defamatory of another person;

i)             bullies, insults, intimidates, or humiliates another person;

j)             is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

k)            is calculated or otherwise likely to deceive;

l)             is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;

m)          misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;

n)            implies any form of affiliation with Us or any other party where there is none;

o)            infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trademarks, and database rights) belonging to Us or any other party;

p)            is in breach of any legal duty owed to another party including, but not limited to, contractual obligations and responsibilities of confidence.

3.4          We may monitor any, and all communications made using Our Contact Tools.

3.5          Any personal information sent to Us, whether via Our Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy, available from jdsdiy.com/privacy-notice.

 

4.            Access to Our Site

4.1          Access to Our Site is free of charge.

4.2          It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3          Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.

 

5.            Changes to Our Site

We may alter and update Our Site (or any part of it) at any time due to required maintenance work or upgrades required for the better functioning of our website. If We make any significant alterations to Our Site (or any part of it), We will try to give you reasonable notice of the alterations.

 

6.            Changes to these Terms of Use

6.1          We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page, and We will inform you by email provided you have given us adequate consent to contact you via email. Any changes made to these Terms of Use will apply to your use of Our Site the first time you use it after the changes have been implemented and you will be asked to review and accept the changes by approving them as a condition for your ongoing registration should you be a registered user on our website. You are advised to check this page every time you use Our Site.

6.2          If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

 

7.            Accounts

7.1          Certain features on Our Site, including the ability to purchase goods from Us, may require an Account.

7.2          Only Users aged 18 or over may create an Account. If you are under the age of 18 and wish to use the features on Our Site that require an Account, your parent or guardian must create the Account for you, and you may only use the Account with their supervision.

7.3          When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.

7.4          We recommend choosing a strong password for your Account, consisting of letters, numbers, and symbols.

7.5          It is your responsibility to keep your Account details safe. You must not share your Account details with anyone else. If you believe your Account is being used by someone else without your permission, please change your password immediately by accessing the password change feature on your profile page or contacting Us using the details above in Part 3.

7.6          You must not use another person’s Account.

7.7          All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy, available from jdsdiy.com/privacy-notice.

7.8          If you wish to delete your account, you may do so at any time. If you delete your account, you will no longer have access to our Site’s features requiring an account except for accessing limited features as a guest user. Deleting your Account will result in the removal of your information from Our Site. However, the data of your transactional interaction on our website will be kept for a minimum of 6 years to comply with HMRC Standards.

7.9          For further details about the retention and deletion of personal data, please refer to Our Privacy Policy, available from jdsdiy.com/privacy-notice.

7.10       If you delete your Account, any User Content that you have shared on Our Site will also be deleted except for any transactional data that may have resulted from your interaction with our website such as buying or selling good shall remain on our records for up to six years in compliance with HMRC requirements.

7.11       We may disable your Account if, in Our reasonable opinion, you have breached these Terms of Use (including, but not limited to, Our Terms of Use).

 

8.            International Users

Our Site is intended for users in designated territories as access is provided with each domain’s related documentation as accessed by the user.

 

9.            How You May Use Our Site and Content (Intellectual Property)

9.1 Except User Content (please refer to Part 10), all Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us unless specifically labelled otherwise. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

9.2          Users retain the ownership of the copyright and all other intellectual property rights in their User Content (except for any part of any User Content which is owned by a third party, in which case, Users must obtain express permission for such material to be used in the User Content). For information on the use of User Content, please refer to Part 10.

9.3          You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).

9.4          You may print one copy and download extracts of any page(s) from Our Site for personal use only.

9.5          You may not otherwise modify the printed copies, downloaded extracts, or downloaded or saved Content in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.

9.6          You may not use any Content (including User Content) from Our Site for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable. This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.

9.7          Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.

9.8          Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.]

 

10.         User Content

10.1       User Content on Our Site includes user registration information, business and vendor registration information, user comments, correspondence between users, and users’ correspondence on our website with JDS, suppliers, and vendors.

10.2       An Account is required for the submission of User Content to Our Site.

10.3       All User Content and communications with other Users on Our Site must comply with the content standards set out in this policy.

10.4       You warrant that you will comply with Part 10.3 and the content standards referred to. You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of your warranty. You will be responsible for any loss or damage suffered by Us due to such a breach.

10.5       We are not responsible for any loss of User Content submitted to Our Site. It is your sole responsibility to secure and backup your User Content.

10.6       All User Content is considered non-confidential and non-proprietary.

10.7       We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Terms of Use.

10.8       We have the right to disclose your identity to a third party if that third party claims that any User Content submitted by you infringes their intellectual property rights (including, but not limited to, copyright) or their right to privacy.

10.9       User Content is not approved or verified by Us before it is displayed on Our Site. The opinions, views, and values expressed in User Content on Our Site are those of the relevant Users and do not represent Our opinions, views, or values.

10.10    We do not store any terrorist content.

10.11    If you wish to make a complaint about any User Content, please contact Us using the details provided above in Part 3. https://jdsdiy.com/complaints outlines the procedure for raising complaints about other users, products and services on our website.

10.12    If you wish to remove User Content, you may do so by deleting your processed comment, or writing to our complaints department. Please note that caching or references to your User Content may not be made unavailable immediately and may not be made unavailable where they are outside of Our reasonable control.

10.13    User Content on Our Site and the copyright and other intellectual property rights in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

10.14    You (or your licensors, as appropriate) retain your User Content ownership and all associated intellectual property rights. When you submit User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content to the extent necessary to operate and promote Our Site.

10.15    In addition to the licence granted to Us under Part 10.14, by submitting User Content to Our Site, Users grant each other the right to copy and quote their User Content within Our Site for the purpose(s) of sharing insight between each other or transfer user experience amongst one another.

 

11.         Links to Our Site

11.1       You may link to any page on Our Site.

11.2       Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.

11.3       You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).

11.4       Your link should not use any logos or trade-marks displayed on Our Site without Our express written permission.

11.5       You must not frame or embed Our Site on another website without Our express written permission.

11.6 You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

 

12.         Links to Other Sites

12.1       Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.

12.2       The inclusion of a link to another website on Our Site is for information purposes only. It does not imply any endorsement of that website or its owners, operators, or any other parties involved with it.

 

13.         Disclaimers

13.1       Nothing on Our Site constitutes professional advice on which you should rely except when it is expressly labelled so. It is provided for general information purposes only.

13.2       We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date. To the extent permitted by law, we make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale, available at jdsdiy.com/terms-of-sale-b2c for more details.

13.3       If you are a business user, we exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content, please see jdsdiy.com/terms-of-sale-b2b.

 

14.         Our Liability

14.1       The provisions of this Part 14 apply only to our Site’s use and not sell goods. The sale of goods is governed by Our Terms of Sale, available at jdsdiy.com/terms-of-sale-b2c.

14.2       Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, death or personal injury resulting from negligence, or any other forms of liability that cannot be lawfully excluded or restricted.

14.3       If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

14.4       If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. Details of business user terms of sale can be found on jdsdiy.com/terms-of-sale-b2b.

 

15.         Viruses, Malware, and Security

15.1       We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.

15.2       You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

15.3       You must not deliberately introduce viruses or other malware or any other malicious or technologically harmful material either to or via Our Site.

15.4       You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

15.5       You must not attack Our Site by means of a denial-of-service attack, a distributed denial-of-service attack, or by any other means.

15.6       By breaching the provisions of Parts 15.3 to 15.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities, and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

 

16.         Acceptable Terms of Use of Our Site

16.1       You may only use Our Site in a lawful manner:

a)            You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;

b)            You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent; and

c)            You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

16.2       If you fail to comply with this Part 16 and Our Terms of Use provisions, you will be in breach of these Terms of Use. We may take one or more of the following actions in response:

a)            Suspend or terminate your right to use Our Site;

b)            Issue you with a written warning;

c)            Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

d)            Take further legal action against you, as appropriate;

e)            Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

f)             Any other actions which We deem reasonably appropriate (and lawful).

16.3       We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 16.3) in response to your breach.

 

17.         How We Use Your Personal Information

We will only use your personal information set out in Our Privacy Policy and Cookie Policy, available from jdsdiy.com/privacy-notice.

 

18.         Communications from Us

18.1       If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or these Terms of Use, or your Account.

18.2       We will not send you marketing emails without your express consent. If you do consent to marketing email; you may opt-out at any time. All marketing emails from Us include an unsubscribe link. Email marketing options can also be changed in your account settings. If you opt-out of emails from Us, it may take up to 24 hours for your request to take effect, and you may continue to receive emails during that time.

18.3       For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

 

19.         What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business). If This Occurs, We will inform you in writing. Your rights under these Terms of Use will not be affected, and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.

 

20.         Law and Jurisdiction

20.1       These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

20.2       If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 20.1 takes away from or reduces your legal rights as a consumer.

20.3       If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

20.4       If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction the courts of England and Wales.

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