IMPORTANT – PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE
Please read these terms carefully. As part of the registration process you will be required to confirm that you have read and understood these terms. If you refuse to accept these terms, you should not complete registration to this Website and should immediately cease to access and/or use the Website in any matter.
We recommend that you print a copy of these terms for your future reference.
1. ABOUT US
1.1 HARMAN technology Limited
Registered in England and Wales with company number 05227615
Registered office address: Whittington Hall, Whittington Road, Worcester, Worcestershire, England, WR5 2ZX
Address for correspondence: Ilford Way, Mobberley, Knutsford, Cheshire, WA16 7JL
To contact us electronically, please use the contact form on our website.
1.2 References to we, our, us in these terms are references to HARMAN technology Limited.
2. ABOUT OUR WEBSITE
2.1 Our Website is made available for use by our customers and by other users who are interested in the products and services that we offer.
2.2 We try to make our Website available at all times, but please be aware that we cannot guarantee that it will be available at any particular time, and it may sometimes be necessary to suspend part or all of the Website for maintenance or other purposes.
2.3 We cannot guarantee that your use of the Website will be uninterrupted or error-free, but if you do discover an error or other problem with our Website please let us know so that we can resolve it.
2.4 We are constantly working to improve our Website, so the functionality and services that are available through it may change from time to time. We may also remove functionality from the Website, for example if we consider it obsolete or no longer appropriate to offer for any reason. We will try to provide advanced notice where we do so, but this might not always be possible.
2.5 Although our Website can be accessed from around the world, we are a UK based company and have designed the Website to comply with UK legal requirements. If you are accessing the Website from outside the UK it is your responsibility to ensure that your use of the Website complies with all applicable local law.
2.7 We may offer you the opportunity to purchase products or services via our Website. Where we do so, the purchase of those products or services will be subject to additional terms and conditions, which you must agree to if you want to complete your purchase. You should read those additional terms carefully before completing your purchase.
3.1 Although you may access certain parts of our Website without registering, some features are only available to users who have registered with us (Registered Users).
3.2 By registering to use of Website you confirm that you:
3.2.1 understand and accept these terms;
3.2.2 are legally capable of entering into binding contracts; and
You agree to:
3.2.3 provide true, accurate, current and complete information about yourself as prompted by the site's registration form and in the profile section of your account (such information being the User Data); and
3.2.4 maintain and promptly update the User Data to keep it true, accurate, current and complete.
3.3 If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or if you commit any breach of these terms or do anything that we, in our absolute discretion, believe may damage our reputation or that of the Website, we have the right to suspend or terminate your account and refuse any and all current or future use of any part or the entire Website without notice or liability to you.
3.4 You must keep your password secret at all times and not share it with anyone, even friends or family members. You must take reasonable security measures to keep your account secure and prevent unauthorised access, including choosing a secure password, ensuring that any device that you use to access the Website has up-to-date security software, including anti-virus and a firewall and logging out once you have finished using the Website.
3.5 You must not access this Website using someone else’s user account, whether or not with their permission. You should be aware that unauthorised access to the Website may constitute a criminal offence under the Computer Misuse Act 1990, and we reserve the right to report any suspected unauthorised access to law enforcement authorities and will cooperate with them in any investigation.
3.6 You are responsible for any use of our Website made using your user name or password, including where that use was by someone that you gave your password to or someone who has discovered your password because you failed to take reasonable steps to keep it secret.
3.7 You must let us know immediately if you become aware of or suspect any unauthorised use of your account or suspect that your email account or password may have been compromised. If you forget your password, you may use the password reset link on the Website.
4. ACCEPTABLE USE
4.1 When using our Website you should act at all times in a reasonable manner and in accordance with these terms and your legal responsibilities. You must use our Website in good faith and in the manner in which is intended.
4.2 Specifically, when uploading images for printing, the following type of content is prohibited and you must not use our Website to knowingly upload any material which:
4.2.1 is defamatory or derogatory of any person;
4.2.2 is obscene, offensive, hateful or inflammatory;
4.2.3 Promotes any illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.2.4 infringes any copyright, database right or trade mark of any other person;
4.2.5 is likely to deceive any person;
4.2.6 is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.2.7 is threatening, abusive or invade another’s privacy, causes annoyance, inconvenience or needless anxiety, is likely to harass, upset, embarrass, alarm or annoy any other person; and/or
4.2.8 advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4.3 You may not use the Website:
4.3.1 in any way that breaches any applicable local, national or international law or regulation;
4.3.2 that may damage our reputation or that of the Website;
4.3.3 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.3.4 for the purpose of harming or attempting to harm minors in any way
4.3.5 to transmit, or procure the sending of spam; or
4.3.6 to use automate scripts to collect information from or otherwise interact with the Website.
4.4 You also agree:
4.4.1 not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these terms;
4.4.2 not to access without authority, interfere with, damage or disrupt:
(a) any part of the Website;
(b) any equipment or network on which the Website is stored;
(c) any software used in the provision of the Website; or
(d) any equipment or network or software owned or used by any third party; and
4.4.3 not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or to attack our Website via a denial-of-service attack or a distributed denial-of service attack.
4.5 By breaching paragraph 4.4.2 or paragraph 4.4.3 you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
4.6 You agree that you will not use the Website in any of the ways prohibited in this paragraph 4 and will fully reimburse us for any loss, damage, claim, cost or expense that we suffer as a result of your improper use or any allegation by a third party that you have used the Website improperly.
5.1 All material on the Website is protected by copyright. Other than as permitted by this paragraph 10 you must not use or reproduce any material from this Website.
5.2 You may view pages of the Website on screen and may print or download extracts of them for your own personal use.
5.3 You may supply a copy of any such extract to any third party provided that:
5.3.1 the extract is for their own personal use;
5.3.2 the extract is not supplied as part of or included in another work, website or publication;
5.3.3 the extract is not supplied either directly or indirectly in return for commercial gain; and
5.3.4 the third party is made aware that the source of the copy is the Website and that these terms and conditions apply equally to them.
5.4 No part of the Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without our express written consent.
6. CONTENT OF THE WEBSITE
6.1 We will use our reasonable endeavours to ensure that the information on the Website is accurate and complete. However, we do not give any promises about the accuracy or completeness of that information or the accuracy of any information (including, without limitation, User Data provided by Registered Users).
6.2 The Website includes hypertext links to websites owned, operated, controlled and/or provided by third parties (Third Party Content).
6.3 Your use of any Third Party Content may be subject to the relevant third party’s terms and conditions, and it is your responsibility to make yourself aware of those terms and conditions. We will not necessarily see or be aware of any enquiries that you submit to any third parties who provide Third Party Content.
6.4 We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security, accuracy or any other aspect of any Third Party Content, and exclude any and all liability arising from you use of them.
7. LINKING TO OUR WEBSITE
7.1 You may include a link to our Website on your own site, provided that you do so in a fair, reasonable and legal way that does not damage our reputation or take advantage of it.
7.2 You must only link to pages on our Website that are generally available to all users. You must not link to pages that are only available to Registered Users, nor may you link directly to images, videos, scripts or any content other than webpages. You must not frame our Website in any other website.
7.3 You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
7.4 You must not link to our Website from any website that is not owned and controlled by you.
7.5 We reserve the right to withdraw linking permission on notice to you.
7.6 The website on which you include the link must itself comply with our acceptable use policy (see paragraph 9).
8. OUR LIABILITY
8.1 This paragraph 8 governs our responsibility to you if we fail to comply with these terms. It does not apply to any problems with products or services that you purchase from us. Our responsibility for problems with products or services you purchase is described in the additional terms applicable to that purchase.
8.2 Our liability for losses you suffer as a result of us failing to comply with these terms is strictly limited to £1,000.
8.3 We are not responsible for any:
8.3.1 loss or damage of a kind that we could not reasonably have foreseen;
8.3.2 loss of profits, income, business, data, goodwill, business opportunity or anticipated savings, injury to reputation or wasted management time;
8.3.3 loss or damage you suffer as a result of your misuse of this Website; or
8.4 Nothing in these terms shall limit in any way our liability for:
8.4.1 death or personal injury caused by our negligence;
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 any other matter for which it would be unlawful for us to exclude or limit our liability.
8.5 We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control. Our performance under these terms is suspended for the period that an event outside our reasonable control continues, and we will have an extension of time for performance for the duration of that period. We will however use our reasonable efforts to continue to fulfil the obligations notwithstanding the occurrence of the event.
9. WRITTEN COMMUNICATIONS
9.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email.
9.2 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
10.1 All notices given by you to us must be given to the address set out at paragraph 1 above.
10.2 We may give notice to you at either the email or postal address you provide to us when registering (or such updated email address or postal address as you may provide to us from time to time via the section of the Website which allows you to update your registration details).
10.3 Notice will be treated as having been received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of your interest in these terms, or any of your rights or obligations arising under it, without our prior written consent.
12.1 If we fail, at any time, to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 15.
If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. ENTIRE AGREEMENT
14.1 These terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us.
14.2 We each acknowledge that, in entering into these terms, neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to these terms or not) other than as expressly set out in these terms.
14.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms.
14.4 Nothing in this paragraph 19 shall limit or exclude any liability for fraud.
15. OUR RIGHT TO VARY THESE TERMS
15.1 We have the right to revise and amend these terms from time to time by posting an updated copy of the terms on our Website.
15.2 The revised terms will apply immediately once they are posted, and your continued use of the Website after the revised terms have been posted constitutes your acceptance of the terms.
15.3 If you do not accept the revised terms you must immediately stop using our Website and contact us requesting that we close your user account.
16. LAW AND JURISDICTION
These terms are governed by English law and you and we can each bring legal proceedings in respect of any disputes arising out of or in connection with your use of the website or otherwise regarding these terms in the English courts.