TERMS OF USE


1. Introduction

  • These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
  • If you register with our website, we will ask you to expressly agree to these terms of use.
  • Our website uses cookies. See our Cookie policy. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our Privacy policy.


2. Our details

  • This website is operated by Smartwares Safety & Lighting Ltd. We are registered in England and Wales under company number 00463293 and have our registered office and main trading address at First Floor, No.1 The Courtyard, Buntsford Drive, Bromsgrove, B60 3DJ. Our VAT number is 276 9992 78.
  • To contact us, telephone our customer service line on 0345 2301231 .


3. Other terms that may apply to you

  • These terms of use refer to the following additional terms, which also apply to your use of our website:
    • Our Privacy and Cookie policies.
    • If you purchase goods from our site our Terms and Conditions of Sale of our products will apply to the sale.


4. Licence to use website

  • Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Those works are protected by copyright laws and treaties around the world. Subject to the licence below, all these intellectual property rights are reserved.
  • You may view, download for caching purposes only, and print pages or pdfs from the website for your own personal non-commercial use, subject to the restrictions set out below and elsewhere in these terms of use.
  • You must not:
    • republish material from this website (including republication on another website);
    • sell, rent or sub-license material from the website;
    • show any material from the website in public;
    • reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
    • edit or otherwise modify any material on the website;
    • modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
    • redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).


5. Acceptable use

  • You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.


6. Linking to our site

  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • You must not establish a link to our site in any website that is not owned by you.
  • Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
  • We reserve the right to withdraw linking permission without notice.
  • If you wish to make any use of content on our site other than that set out above, please contact 0345 2301231.


7. Products

  • The advertising of products on our website constitutes an “invitation to treat” – not a contractual offer.
  • We endeavour to ensure that prices and any applicable discounts or other offers are stated accurately on our website. Occasionally errors may arise, and we reserve the right in such circumstances to refuse any order for a Product where the purchase has been based upon an incorrectly stated price or assumes a discount or other offer which has expired at the time of the making of the order.
  • The purchase of products via our website will be subject to our Terms and Conditions of Sale.
  • We will ask you to agree to our Terms and Conditions each time you purchase a product or products via our website.


8. Product reviews

  • In these terms of use, “your reviews” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to us for publication on our website whether as a product review or otherwise.
  • You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your reviews in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
  • You warrant and represent that your reviews will comply with these terms of use.
  • Your reviews must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law and in any jurisdiction).
  • Your reviews (and their publication on our website) must not:
    • be libellous or maliciously false;
    • be obscene or indecent;
    • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    • infringe any right of confidence, right of privacy, or right under data protection legislation;
    • constitute negligent advice or contain any negligent statement;
    • constitute an incitement to commit a crime;
    • be in contempt of any court, or in breach of any court order;
    • be in breach of racial or religious hatred or discrimination legislation;
    • be blasphemous;
    • be in breach of official secrets legislation;
    • be in breach of any contractual obligation owed to any person;
    • depict violence in an explicit, graphic or gratuitous manner;
    • be pornographic or sexually explicit;
    • be untrue, false, inaccurate or misleading;
    • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
    • constitute spam;
    • be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
    • cause annoyance, inconvenience or needless anxiety to any person.
  • Your reviews must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
  • You must not use any review to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
  • You must not submit any reviews to the website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.
  • We reserve the right to edit or remove any reviews submitted to our website, or stored on our servers, or hosted or published upon our website.
  • Notwithstanding our rights under these terms of use in relation to your reviews, we do not undertake to monitor the submission of reviews to, or the publication of reviews on, our website. The views expressed by other users on our site do not represent our views or values.
  • We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.


9. How we may use your personal information

  • We will only use your personal information as set out in our Privacy and Cookie policies.


10. Limited warranties

  • Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
  • The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site.
  • To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).


11. We are not responsible for websites we link to

  • Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
  • We have no control over the contents of those sites or resources.


12. Limitations and exclusions of liability

  • Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.
  • Different limitations and exclusions of liability will apply to liability arising because of the supply of any products to you, which will be set out in our Terms and Conditions of Sale.
  • The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
  • To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
  • We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our website; or
    • use of or reliance on any content displayed on our website.
  • If you are a business user, please note that, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.
  • If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
  • We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  • You are responsible for keeping your password and other login details confidential. We will not be liable to you in respect of any loss arising from your failure to keep these details confidential.
  • We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.


13. Viruses

  • We do not guarantee that our site will be secure or free from bugs or viruses.
  • You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.


14. Indemnity

  • You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.


15. Breaches of these terms of use

  • Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
    • send you one or more formal warnings;
    • temporarily suspend your access to the website;
    • permanently prohibit you from accessing the website;
    • block computers using your IP address from accessing the website;
    • contact your internet services provider and request that they block your access to the website;
    • bring court proceedings against you for breach of contract or otherwise; and/or
    • suspend and/or delete your account with the website.


16. Variation

  • We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.


17. Assignment

  • We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
  • You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.


18. Severability

  • If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


19. Exclusion of third party rights

  • These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.


20. Entire agreement

  • These terms of use, together with our Privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.


21. Law and jurisdiction

  • If you are a business, these terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.
  • If you are a consumer, please note that these terms of use are governed by English law. We both agree that the courts of England and Wales will have non-exclusive jurisdiction. If you are resident of Scotland, you may also bring proceedings in Scotland.


22. Our trademarks are registered

  • We own and use various trademarks registered by or licensed to this company. You are not permitted to use them without our written approval.


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