1.1. These Terms and Conditions apply to all of the use of the Website provided by Retaining Wall Solutions Ltd, Company number 12918626 of Office 15 Egerton House, 2 Tower Road, Birkenhead, England, CH41 1FN (“the Company”).
1.2. When accessing the Website you will be asked to agree to be bound by these Terms and Conditions. If you do not wish to be bound by them then you should stop using the Website immediately.
1.3. The Company reserve the right to change these Terms and Conditions from time to time and without notice. The Customer will therefore be asked to agree to be bound by the most recent version at the time they access the Website.
2.1. Within these Terms and Conditions, the following words have the following meanings and they should be interpreted literally in accordance with the same.
2.2. “Company” means Retaining Wall Solutions Ltd, Company number 12918626 of Office 15 Egerton House, 2 Tower Road, Birkenhead, England, CH41 1FN.
2.3. “Confidential Information” shall mean all information which is not readily available within the public domain including any technical know-how, commercial know-how, inventions, processes, initiatives, specifications and anything else which is of a confidential nature.
2.4. “Customer” means the person, who uses the Services of the Company.
2.5. “Intellectual Property Rights” means all patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
2.6. “Services” means as set out in section 5.
2.7. “Third-Party Provider” means the company who the Customer shall be introduced to for the purpose of obtaining a quote for the product that they are enquired about.
2.8. “Website” means https://retainingwallsolutions.co.uk/
3.1. Reference to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors thereof.
4. Formation of the Contract
4.1. These Terms and Conditions form the whole agreement between the Company and the Customer. No other express terms, written or oral shall be incorporated into the agreement.
4.2. These Terms and Conditions override any other terms which the Customer may subsequently seek to impose.
5. The Services
5.1. The Company provide their Services via the Website.
5.2. This Website contains free informational pages of content to assist a Customer who is looking to learn more about retaining walls.
5.3. If whilst the Customer is browsing the Website, they find a product that they are interested in, then the Customer is able to complete an enquiry form.
5.4. The Company will then contact the Customer by email for additional information regarding their query.
5.6. The Third-Party provider will then contact the Customer directly.
5.7. It is then a matter for the Customer as to whether or not they engage that Third-Party to sell them the product that they are interested in.
6. Charges / Payments
6.1. The Customer does not pay the Company for the Services.
6.2. If the Customer engages the Third-Party Provider who they are introduced to by the Company, they will enter into contract directly with that Third-Party Provider and pay them directly.
6.3. The Company receives a financial incentive from the Third-Party Providers for the introductions which are made.
7. Use of the Website
7.1. The Website allows Customers to access free information regarding retaining wall solutions.
7.2. The information is provided for basic background and informational purposes only.
7.3. The information is not to be considered as advice and the Customer must always seek advice from a competent specialist before undertaking any works.
7.4. The Customer is only permitted to use the Website if they are a UK resident and they are using the Website for personal use.
7.5. Commercial use of the Website is strictly prohibited.
7.6. Unauthorised use includes (but is not limited to) a breach of copyright, processing multiple quotes for other, people or companies.
7.7. The Customer must not do anything which may affect the security of our website or any information or material stored within it.
7.8. The Customer must not operate any link to the Website without first obtaining our written permission.
7.9. The Customer must not misuse the Website by knowingly introducing viruses, trojans, worms or other similar material which is malicious or harmful.
8. Company Responsibilities
8.1. The Company will use all reasonable endeavours to ensure that the information provided on the Website is up to date.
8.2. The Company will respond to all enquiries within 24 hours.
8.3. The Company will make introductions between the Customer and a Third-Party Provider who appears to be suitable based upon the information provided by the Customer.
9. What the Company is not Responsible for
9.1. Any reliance that the Customer may place on any information contained on the Website.
9.2. Any losses the Customer suffers because they follow any advice on the Website.
9.3. Any act or omission of a Third-Party Provider who the Customer is introduced to.
9.4. Any mishandling of the Customer’s personal information by a Third-Party Provider.
9.5. Any loss the Customer suffers because they cannot use the Website at any time.
9.6. Any loss or damage caused by viruses or other technologically harmful material that may infect your computer due to the Customers use of Website.
9.7. The privacy policies and practices of other linked third party websites, even if you access them using links from our website;
9.8. Any unauthorised access or loss of personal information that is beyond the control of the Company.
9.9. Nothing in this clause 9 shall limit the Company’s liability:
9.9.1 to claims for death or personal injury to persons arising out of the Company’s negligence.
9.9.2to claims for breach of warranty of title implied by law.
9.9.3 to claims for related fraudulent activity or activities.
10. How we use your personal information
10.1 The Customer will provide the information that they want the Company to share with the Third-Party Provider.
10.2 By providing their information they are opting in to the sharing of the information to allow the Company to provide the Service.
10.3 The Company will share the information the Customer provides to them with Third-Party Providers and the Third-Party Provider will use that information to contact the Customer regarding their enquiry.
10.4 The Company shall not transfer any personal data obtained from the Customer outside of the UK.
10.5. This processing of the Customers personal information is necessary so that the Company can provide the Services.
10.6. Without processing the information in this way the Company would be unable to provide our services to you.
10.7. The Customer has a right to know whether the Company is currently processing their personal information. If the Company is processing their personal information, they also have a right to request copies of the personal information that the Company are processing and certain further information, including the purposes of our processing and the recipients or categories of recipients to whom we have disclosed (or will disclose) the personal information.
10.8. The Customer has the right to require the Company to rectify or complete any inaccurate or incomplete personal information that they are holding about the Customer.
10.9. The Customer has a right to ask the Company to erase the personal information.
10.10. If the Customer has a right to withdraw their consent at any time.
11.1. Any notice or other communication served by the Customer on the Company under or in connection with this Agreement must be in writing and either:
11.2. Sent by email to email@example.com.
11.3. Sent by recorded delivery to Office 15 Egerton House, 2 Tower Road, Birkenhead, England, CH41 1FN
11.4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action which must be served in accordance with the requirements of the Civil Procedure Rules.
12. Governing Law
12.1. Any differences arising between the Company and the Customer concerning this Agreement or the rights and liabilities within it, shall be governed by and interpreted, in all respects, in accordance with the Laws of England and Wales.
12.2. The parties hereby submit to the exclusive jurisdiction of the English Courts.
13.1. If a Clause of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses will continue in effect.
13.2. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).
14.1. Nothing in these Terms and Conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
14.2. The Company may transfer their rights and obligations under these Terms and Conditions to another organisation without notice.
14.3. The Customer may not transfer any rights to any other party.
14.4. Nothing in this contract is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and the Company.
14.5. The Company reserves the right to bring any action which arises out of the Customers failure to comply with the obligations set out within this agreement at any stage up until the statutory limitation period.
14.6. Any delay by the Company to enforce its rights under this agreement shall be construed as a waiver of any kind.