FRASER ANTI-STATIC TECHNIQUES

1.            Terms & Conditions

1.1.        These Terms explain how you may use this website (the Site) which is provided by Fraser Anti-Static Techniques Limited (“we”, “us” or “our”), free of charge. Fraser Anti-Static Techniques Limited is a company with registration number 02642741 and a registered office at 1 Scotts Business Park, Bampton, Tiverton, Devon, EX16 9DN.

1.2.        You should read these Terms carefully before using the Site.

1.3.        By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

1.4.        If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

1.5.        If you have any questions about the Site, please contact us at marketing@fraser-antistatic.co.uk.

2.            Limitations on using the Site

2.1.        The Site is for your use only.

2.2.        You agree that you are solely responsible for:

2.2.1.            all costs and expenses you may incur in relation to your use of the Site; and

2.2.2.            keeping your password and other account details confidential. You must not share your password and account log-in details with any other person, including other people within your organisation.

2.3.        We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details in clause 1.5 above.

2.4.        We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

3.            Unacceptable use

3.1.        As a condition of your use of the Site, you agree not to use the Site:

a)      for any purpose that is unlawful under any applicable law or prohibited by these Terms;

b)      to commit any act of fraud;

c)      to distribute viruses or malware or other similar harmful software code;

d)      for purposes of promoting unsolicited advertising or sending spam;

e)      to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (“phishing”);

f)       in any manner that disrupts the operation of our Site or business or the website or business of any other entity;

g)      in any manner that harms minors;

h)      by circumventing any password or user authentication methods;

i)       to promote any unlawful activity;

j)       to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; or

k)      to gain unauthorised access to or use of computers, data, systems, accounts or networks.

4.            Distributor Documentation

4.1.        If you engage with us as a distributor we will grant you access to the various documentation, manuals and product information (the Distributor Documentation) via the “Distributor Portal” section of the Site.

4.2.        We grant you a revocable, non-exclusive licence to access, download and use the Distributor Documentation solely for your internal business purposes during the term of your engagement with us.

4.3.        You shall:

a)      keep the Distributor Documentation confidential at all times;

b)      not disclose the Distributor Documentation or allow it to be disclosed in whole or in part to any third party, except as authorised in advance by us;

c)      take and maintain proper and reasonable measures to ensure the confidentiality of the Distributor Documentation, including any security measures requested in writing from time to time by us;

d)      not use or seek to derive benefit or commercial advantage from the Distributor Documentation in whole or in part for any purpose other than for the purpose of distributing our products.

4.4.        Upon expiry or termination of your engagement with us for any reason you will no longer be authorised to access the Distributor Documentation via the Site and the licence granted to you under clause 4.1 shall immediately terminate.

5.            Your privacy and personal information

5.1.        Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

5.2.        Our privacy policy is available at https://fraser-antistatic.com/privacy-policy/.

6.            Ownership, use and intellectual property rights

6.1.        The Site and all intellectual property rights in it including but not limited to any content submitted to the Site or available for you to access via the Site are owned by us and our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and are free to use them as we and they see fit.

6.2.        Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust or try to circumvent or delete any notices contained on the Site or Distributor Documentation (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

6.3.        Trade marks: XIFOS, IONFIX, IONSTORM, IONTUBE, the Fraser Anti-Static Techniques logo with the black background and “FRASER” written in red capitalised text and “Anti-Static Techniques” written in white lower case text with initial capitals, and the Fraser emblem with the stylised grey “f” within a grey circle]. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

7.            Submitting information to the Site

7.1.        While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us, for example through the contact form, and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

7.2.        We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the content you provide to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

8.            Accuracy of information and availability of the Site

8.1.        While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

8.2.        We may suspend or terminate operation of the Site at any time as we see fit.

8.3.        Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

8.4.        While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

9.            Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

10.         Limitation on our liability

10.1.     Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, if you are accessing the Site as a consumer, we are not legally responsible for any:

a)      losses that:

i.          were not foreseeable to you and us when these Terms were formed; or

ii.          that were not caused by any breach on our part;

b)      business losses; and

c)      losses to non-consumers, and

if you are accessing the Site in a business capacity, we are not legally responsible for any:

a)      loss of profits or anticipated savings;

b)      loss of revenue;

c)      loss or damage to reputation or goodwill;

d)      loss of opportunity;

e)      any loss or corruption of data or information;

and in each case whether direct, indirect, special and/or consequential loss or damage; or

f)       for any other indirect, special and/or consequential loss or damage.

11.         Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

12.         Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

13.         Variation

These Terms are dated 18 September 2020. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 13. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

14.         Disputes

14.1.     We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us please contact us as soon as possible so that we can handle your compliant via our complaints handling procedure.

14.2.     The law of England and Wales applies to these Terms.

14.3.     If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to these terms, unless you are a consumer, in which case the relevant courts in the country that you are domiciled will have non-exclusive jurisdiction in relation to these Terms.

 

Fraser Anti-Static Website TC’s – Iss.2