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Terms of Use

Terms of Use

 

You agree the terms of use when you use jdsdiy.com and JDSDIY websites.

Please read these Terms of Use carefully and make sure you understand them before using our site. These Terms of Use, along with the other terms referenced here (unless otherwise stated), set out the terms of use that manage your use of this website, “jdsdiy.com and all its subdomains” (“Our Site”). It is recommended that you keep a copy of these Terms of Use for 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 accept these Terms of Use, you should immediately stop using our website. If you sign up for an Account, you will also need to accept these Terms of Use.

The following documents may also apply to your use of our site:

  • Privacy Policy, Our Cookie Policy and GDPR policy are available at jdsdiy.com/privacy-notice . This is also referred to in Sections 3, 7 and 17 below.
  • Our Acceptable Terms of Use are available at jdsidy.com/terms -of-use. This is also referred to in Sections 3, 7, 10, 11 and 16 below.
  • If you purchase goods from us, our Terms of Sale at jdsdiy.com/terms-of-sale-b2c, jdsdiy.com/terms-of-sale-b2b will ultimately apply to the sale of individual and business buyers. These terms are also referred to in Sections 13 and 14 below.
  1. Definitions and Interpretation

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

"Bill"

means an account required to access certain features on our Site as set forth in Section 7;

"Communication tools"

Any online communication tools we make available on our Site allow you to contact us, including but not limited to contact forms and live chat;

"Contents"

means any text, image, sound, video, script, code, software, databases and any other information that appears on our Site or may be stored on a computer that forms part of our Site;

"User"

means a user of our site;

"User Content"

means the reviews, comments, any other correspondence and communication tools shared by the Users on our site;

“We/We/Our”

JDS DIY LTD and subsidiaries of JDS DIY Group.

  1. Information About Us

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

2.2 Our VAT number is GB278968912.

  1. How You Can Contact Us and Your Use of Our Communication Tools

3.1 To contact us by email, please Email Us at [email protected] or Contact Us by phone, please call us at <<enter phone number>>.

3.2 We provide the following Communication Tools for you to contact us:

  • Contact form on our contact us page, live chat accessible from any page of our website.

3.3 When using our Communications Tools or communicating with us with any other tools, our Acceptable Terms of Use available at jdsdiy.com/terms -of- use apply. You must not communicate, post or do anything else with:

  1. a) obscene, intentionally offensive, hateful or provocative;
  2. b) discriminates against or is defamatory in any way against any person, group or class of persons, race, nationality, gender, gender identity, sexual orientation, religious or philosophical beliefs, disability, or age;
  3. c) encourages violence;
  4. d) sexually explicit;

sexualize minors in any way (including but not limited to child sexual exploitation materials);

  1. f) encourages or supports acts of terrorism;
  2. g) encourages or assists any illegal activity;
  3. h) defame another person;
  4. i) bullying, insulting, intimidating or humiliating another person;
  5. j) intends or is likely to threaten, harass, annoy, alarm, upset or embarrass another person;
  6. k) planned or otherwise likely to deceive;
  7. l) intends or is likely (or threatens to violate) another person's right to privacy, or uses personal information in a way to which you do not have a right;
  8. m) misleadingly impersonates any person or misrepresents in a planned manner to deceive your identity or affiliation;
  9. n) implies any form of relationship with us or any other party where neither is;
  10. o) violates or helps violating the intellectual property (copyright, designs, patents, trademarks and database rights) of us or any other party;
  11. p) violates any legal duty owed to another party, including but not limited to contractual obligations and fiduciary obligations.

3.4 We may monitor all communications made using our Communication Tools.

3.5 All personal information submitted to us via our Communications Tools or other way (including but not limited to your name and contact details) will be collected, used and retained in accordance with your rights and obligations under data protection law, as stated in our Privacy Policy available at jdsdiy.com/privacy-notice.

  1. Access to Our Site

4.1 Access to our site is free of charge.

4.2 It is your responsibility to make the necessary arrangements to access our site.

4.3 Access to our Site is provided "as it is" and "as available". 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 will be uninterrupted. If we suspend or discontinue our site (or any part of it), we will try to provide you with reasonable notice of the suspension or discontinuation.

  1. Changes to Our Site

We may change and update our Site (or any part of it) at any time due to maintenance or upgrades necessary to make our website work better. If we make any material changes to our site (or any part of it), we will try to reasonably notify you of the changes.

  1. Changes to These Terms of Use

6.1 We may change these Terms of Use at any time. If we do, details of the changes will be highlighted at the top of this page and we will notify you by email, provided you have given us sufficient consent to contact you by email. Any changes to these Terms of Use will be effective the first time you use our Site after the changes are implemented and you will be asked to confirm, review and accept the changes as a condition of your continued registration. Become a registered user on our website. It is recommended that you check this page each time you use our site.

6.2 If any part of the current version of these Terms of Use conflicts with the previous version or versions, the current version will be applied unless clearly stated otherwise.

  1. Accounts

7.1 Certain features on our site may require an Account, including the ability to purchase goods from us.

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

7.3 The information you provide when creating an account must be correct 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 that you choose a strong password of letters, numbers and symbols for your account.

7.5 It is your responsibility to keep your account information secure. You should not share your account information with anyone else. If you believe your account has been used by someone else without your permission, please change your password immediately by accessing the password change feature on your profile page or by contacting us using the details in Section 3 above.

7.6 You must not use another person's Account.

7.7 All personal information you provide in your Account will be collected, used and retained in accordance with your rights and obligations under data protection law as set forth in our Privacy Policy at jdsdiy.com/privacy-notice.

7.8 If you wish to delete your Account, you can do so at any time. If you delete your account, you will no longer be able to access account-required features of our Site, except to access limited features as a Guest user. Deleting your account will result in your information being removed from our Site. However, the data of your transactional interaction on our website will be retained for at least 6 years to comply with HMRC Standards.

7.9 For more details on storage and deletion of personal data, please see our Privacy Policy at jdsdiy.com/privacy-notice.

7.10 If you delete your Account, any User Content you have shared with our Site will also be deleted, other than that any transaction data such as purchasing or selling any products that may result from your interaction with our website will remain in our records.

Six years in accordance with HMRC requirements.

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

  1. International Users

Since access is provided with the relevant documents of each area accessed by the user, our Site is intended for users in designated regions.

  1. How You Can Use Our Site and Our Content (Intellectual Property)

9.1 Except for User Content (please see Section 10), all Content on our Site and copyright and other intellectual property rights in such content are owned or licensed by us unless specifically labeled otherwise. All Content (including User Content) is protected by applicable UK and international intellectual property laws and treaties.

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

9.3 You may access, monitor and use our website on a web browser (including any web browsing feature built into other types of software or applications) and download our Site (or any part of) for caching (this usually occurs automatically).

9.4 You may print a copy of any page(s) on our site and download it for personal use only.

9.5 You may not modify in any way the hard copies, downloaded summaries, or Content downloaded or saved. Images, videos, sounds or any other Content downloaded from our site should not be used separately from the accompanying text.

9.6 You cannot use any content (including User Content) on our Site for commercial purposes without first obtaining a license from us, our licensors or, as appropriate, the relevant User. This does not prevent the normal access, viewing and use of our Site by commercial users or consumers for general information purposes.

9.7 Our status as owner and author of Content (or, as appropriate, identified licensors or Users) on our Site should always be acknowledged.

9.8 Nothing in these Terms of Use limits or excludes the provisions of Section III of the Copyright, Designs and Patents Act 1988, 'Permitted Laws Regarding Copyright Work'.) non-commercial research and private study; text and data mining for non-commercial research; criticizing, examining and reporting current events; teaching; accessibility; time shift; and parody, cartoon and pastiche. More information can be obtained from the UK Intellectual Property Office.]

  1. 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 with JDS, suppliers and vendors on our website.

10.2 An Account is required to post User Content to our Site.

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

10.4 You guarantee that you will comply with Section 10.3 and the referenced content standards. You will be liable to us and, to the fullest extent permitted by law, indemnify us for any breach of your warranty. You will be responsible for any loss or damage suffered by us as a result of any such breach.

10.5 We are not responsible for any loss of User Content posted to our Site. It is your sole responsibility to secure and back up your User Content.

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

10.7 We may reject, reclassify or remove User Content from our Site only if in our opinion it violates our Terms of Use.

10.8 If the third party claims that any user content submitted by you infringes the intellectual property rights (including but not limited to copyright) or privacy rights, we have the right to disclose your identity to a third party.

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 belong to the respective Users and do not represent Our views, opinions or values.

10.10 We do not store any terror content.

10.11 If you wish to make a complaint about any User Content, please contact us using the information provided in Section 3 above. https://jdsdiy.com/complaints outlines the procedure for making 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 by writing to our complaints department. Please note that caching or references to your User Content cannot be immediately deprecated and rendered unusable if they are beyond our reasonable control.

10.13 User Content on our Site and copyright and other intellectual property rights in such User Content are owned or licensed by the User identified together with the User Content, unless specifically labeled otherwise. All User Content is protected by applicable UK and international intellectual property laws and treaties.

10.14 You (or your licensors, as applicable) retain your ownership of User Content and all related intellectual property rights. By posting User Content on our Site, you grant us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license for use, storage, archiving, common use, publication, transmission, adaptation, editing, reproduction, distribution, preparing, displaying, performing and sublicensing your User Content as derivative works, to the extent necessary to operate and promote our Site.

10.15 In addition to the license granted to us under Section 10.14, Users grant each other the right to copy and quote User Content from our Site for the purpose of sharing information among each other by posting User Content on our Site. Transfer user experience between each other.

  1. 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 or try to damage our reputation.

11.3 You must not link to our Site in a way that suggests any affiliation with Us (where none exists) or any endorsement from us (where none exists).

11.4 Your link must not use any logo or trademark 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 consent.

11.6 You may not link to our Site from another website whose main content is illegal, obscene, attacker, unsuitable, fake, slanderous, threatening, racist, sexist or discriminatory; promoting violence, racial hatred or terrorism; violating intellectual property rights ; or otherwise we deem objectionable.

  1. Links to Other Sites

12.1 Our site may contain links to other websites. Unless clearly stated, these sites are not under our control. We do not accept any responsibility or liability for the content of third-party websites.

12.2 Adding a link to another website on our site is for informational purposes only. It does not imply any endorsement of this website or its owners, operators or other parties related to it.

  1. Disclaimer

13.1 Nothing on our site constitutes professional advice that you should rely on unless clearly labeled. 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 fullest extent permitted by law, we make no warranty or representation (express or implied) that this will always be the case. Please note that this does not apply to information about goods sold through our Site. For more details, please see our Terms of Sale at jdsdiy.com/terms-of-sale-b2c.

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 .

  1. Our Responsibility

14.1 The provisions of this Section 14 apply only to the use of our Site and do not sell goods. Sale of goods is subject to our Terms of Sale available at jdsdiy.com/terms-of-sale-b2c .

14.2 Nothing in these Terms of Use excludes or limits our liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other form of liability that cannot be legally excluded or limited.

14.3 If you are a business user (that is, if you use our Site for business or commercial purposes), we accept no liability for any loss or damage, contractually foreseeable or otherwise, to the fullest extent permitted by law, tort (including negligence), breach of legal duty or otherwise, resulting from or in connection with the use (or inability to use) of our Site or the use or reliance on any Content (including User Content) on the Site.

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

  1. Viruses, Malware and Security

15.1 We use reasonable skill and care to ensure that our Site is secure and free of 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 materials from viruses, malware and other internet security risks.

15.3 You must not knowingly introduce viruses or other malware or other malicious or technologically harmful material to or through our Site.

not attempt to gain unauthorized 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 through a denial-of-service attack, a distributed denial-of-service attack, or any other means.

15.6 By violating the provisions of sections 15.3 to 15.5, you may be committing an offense under the Computer Abuse Act 1990. All such violations will be reported to the relevant law enforcement authorities and we will fully cooperate with those authorities by disclosing them. In the event of such a breach of your identity, your right to use our Site will cease immediately.

  1. Acceptable Terms of Use of Our Site

16.1 You may only use our site lawfully:

  1. a) You must ensure that you fully comply with all applicable local, national or international laws and regulations;
  2. b) You must not use our site in any illegal or fraudulent way;
  3. c) You must not use our site to knowingly send, upload or transmit data containing any virus or other malware or any code designed to adversely affect computer hardware, software or data of any kind.

16.2 If you fail to comply with this Section 16 and the terms of our Terms of Use, you are in breach of these Terms of Use. We may take one or more of the following actions in response:

  1. a) suspend or end your right to use our site;
  2. b) give you a written warning;
  3. c) to take legal action against you for a compensatory reimbursement of all relevant costs arising from your violation;
  4. d) to take further legal action against you, as appropriate;
  5. e) disclose such information to law enforcement as necessary or as we reasonably deem necessary; and/or
  6. f) other actions we deem reasonably appropriate (and lawful).

16.3 We hereby exclude any liability arising from any action we may take in response to your breach (including but not limited to those set forth in Section 16.3 above).

  1. How Do We Use Your Personal Information?

We will only use personal information as set out in our Privacy Policy and Cookie Policy available at jdsdiy.com/privacy-notice .

  1. Contact Us

18.1 If we have your contact information and/or you have an Account, we may send you important notices by e-mail 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 to your Account.

18.2 We will not send you marketing emails without your express consent. If you accept the marketing email, you can renounce whenever you want. All marketing emails from us contain an unsubscribe link. Email marketing options can also be changed in your account settings. If you renounce of e-mails from us , it may take up to 24 hours for your request to take effect and you may continue to receive e-mails during this time.

18.3 For questions or complaints regarding communications from us, please contact us using the details above in Section 3.

  1. What Happens If We Transfer This Agreement to Another Party?

We may assign our obligations and rights under these Terms of Use to a third party (this may happen, for example, when we sell our business). If This Happens, we will notify you in a written way. 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 to be bound by them.

  1. Law and Jurisdiction

20.1 These Terms of Use and our relationship with you (contractual or otherwise) will be governed by and construed in accordance with English law.

20.2 If you are a consumer, you will benefit from the mandatory provisions of the law in your country of residence. Nothing in Section 20.1 removes or reduces your statutory rights as a consumer.

20.3 If you are a consumer, any dispute, controversy, action or claim between you and us regarding these Terms of Use or the relationship between you (contractual or otherwise) will be subject to the jurisdiction of the English courts. Wales, Scotland or Northern Ireland is determined by your place of residence.

20.4 If you are a business user, any dispute, controversy, action or claim between you and us regarding these Terms of Use or the relationship between you and us (contractual or otherwise) will be subject to exclusive jurisdiction. England and Wales.

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