Terms and Conditions
Access to the Website and Changes
- Access to and use of the websites at www.makitauk.com and any website that resolves to that website (the "Website") is provided by us subject to these Site Terms. Makita (UK) Limited is a company registered in England under registration number 01086698 whose registered office is at Michigan Drive, Tongwell, Milton Keynes, Buckingham MK15 8JD (and we refer to ourselves as “we”, “us” or “our” in this document).
- Your use of any part of the Website constitutes your acceptance of these Site Terms which takes effect on the date on which you first use the Website. If you do not agree with these Site Terms, you should cease using the Website immediately.
- We reserve the right to change these Site Terms at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Website after changes are posted constitutes your acceptance of the amended Site Terms.
- We may also include additional rules, requirements or terms for using parts of the Website (for example promotion rules). You are responsible for reviewing all information on the Website in relation to your particular use of the Website and complying with any applicable rules or requirements.
- You are responsible for bringing these Site Terms to the attention of all persons accessing the Website through your Internet connection.
- You must not interfere with another person's use of the Website or otherwise act in a way that negatively affects another person's use of the Website.
- You are responsible for checking the contents of the Website and (if applicable) restricting its access to minors under your control.
- You shall not use the Website in any way which in any respect:
- is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
- is fraudulent, criminal or unlawful;
- is inaccurate or out-of-date in terms of information which you supply;
- may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- impersonates any other person or body or misrepresents a relationship with any person or body;
- may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
- may be contrary to our interests;
- is contrary to any specific rule or requirement that we stipulate on the Website in relation to a particular part of the Website or the Website generally; or
- involves your use, delivery or transmission of any viruses, unsolicited e-mails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- You agree to comply at all times with any instructions for use of the Website which we make from time to time.
- You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any breach by you of any obligation under these Site Terms.
- Whilst we endeavour to make the Website available 24 hours a day, we will not be liable if for any reason the Website is unavailable at any time or for any period. We make no warranty that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions on the Website.
- Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason. If we impose restrictions on you personally, you must not attempt to use the Website under any other name or user.
- We do not warrant that the Website will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties in breaching any security measures.
- We may change or update the Website and anything described in it without notice to you.
- Whilst we endeavour to ensure that information and materials on the Website (including without limitation details about our products and services) are correct, subject to applicable law, no warranty, express or implied, is given that they are complete, accurate or up-to-date and we do not accept any liability for any errors or omissions.
- The contents of the Website are intended for convenience only. Nothing on the Website shall constitute advice specific to your circumstances or a recommendation, unless specifically listed as such. We do not suggest that any product or service mentioned on the Website is either available to you outside of the United Kingdom or complies with any laws other than the laws of England.
Access to products or services through the Website
- Any supplies of products or services by any third parties referred to on the Website shall be governed by those third parties' own terms and conditions applicable to the sale or supply of those products and services. We are not responsible for the acts or omissions of any third parties (including without limitation the content and advertising on or through third parties) and it is your responsibility to deal directly with the third party from whom you buy products or services in the event of you having any claims or issues.
- Any competitions or promotions referred to on the Website shall be governed by terms and conditions applicable to the competition or promotion in effect from time to time.
Our liability to you
- We do not exclude liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that we cannot exclude or limit at law.
- Subject to paragraph 19 above and to the extent permitted by law:
- our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or any delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material shall be £10; and
- we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or any delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) ex gratia payments; (j) loss of business; (k) loss of operation time; (l) loss of opportunity; or (m) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (m) apply whether such losses are direct, indirect, consequential or otherwise.
- The MAKITA name and logo and all other brands, names, logos, marks and slogans on the Website are the trade marks or service marks of us or our licensors.
- Unless otherwise stated, the copyright, database rights and any other rights in all information, data, text, sound recordings, audio material, drawings, artwork, pictures, photographs, images, graphics and materials (together "Materials") on the Website and the design, layout, look and appearance of the Website is owned by or licensed by our customers or the licensors. You are permitted to use such Materials or extracts from the Website, subject to all of the following:
- Your use of the Website and any Materials on or accessible through the Website is for your internal, personal, private, not-for-profit use only. Your use, copying, reproduction, republishing, posting, broadcasting and transmission of any such Materials is subject to the rights and requirements of the owners or licensors of the intellectual property rights in such Materials.
- Except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or such Materials for any other purpose without our express prior written consent and the prior authorisations of the owners or licensors of the intellectual property rights in all relevant Materials. This includes (but without limitation) not (without our express prior written consent and the prior authorisations of the owners or licensors of the intellectual property rights in the Materials) reproducing or storing any part of the Website or such Materials in any other website or in any public or private electronic retrieval system or service, and not broadcasting any content available on or through the Website.
- Our copyright notice or, where indicated, the notice of the licensors must appear in all electronic or hard copies of any such Materials or extracts from the Website.
- When you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Website or such Materials, you must do so fairly and give due accreditation to us, our suppliers, the relevant licensors and the Website. You shall also do so in accordance with any restrictions which we stipulate on the Website and stipulated by the licensors.
- Except as we and the licensors expressly permit, you must not in any way modify any Materials on the Website.
- Any rights not expressly granted in these terms or otherwise by us are reserved.
Third Party Websites and Pages and Content
- The Website may contain links or access to other websites. We have no control over and accept no responsibility for the content of such linked or accessible sites or services. The links and access are provided “as is with no warranty, express or implied, for the information provided within such sites or services.
- In addition, the Website as well as websites and services provided by third parties through the Website may contain advertising content provided by third parties. We have no control over and accept no responsibility for that content. Those adverts are the responsibility of the advertisers. We make no warranty, express or implied, for the information or content within those adverts.
- You must not without our permission frame any of the Website onto your own or another person's website.
- We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
- you shall not make any warranties or representations about us or our affiliates or our products, services or policies except with our prior express authorisation;
- you shall not say anything that is false, misleading, derogatory or offensive about us or our affiliates or our products, services or policies; and
- you shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.
Use of Usernames and Passwords
- You may choose to register with us for an online account. As part of the registration process, you are required to select a username and password. You must not choose a password which can be readily guessed.
- You must ensure that you keep your username and password strictly confidential and secure at all times.
- You must not disclose or allow others to have access to your usernames or passwords without our prior permission, unless you are the authorised user or an authorised person acting on behalf of the authorised user.
- If you think you may have lost or allowed a third party to see or use your usernames or passwords, including improper use of your password or account, you must inform us immediately.
- You shall be solely responsible for all activities that occur under your usernames or passwords while using the Website.
- We may require that your usernames or passwords are changed from time to time.
- We reserve the right to terminate your online account for violating these Site Terms and/or applicable laws, without prior notice or liability.
Privacy and Cookies Statement
- You agree to be bound by the Privacy and Cookies Policy currently in force.
- If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Site Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- If you want to contact us for any reason, please contact us by email at firstname.lastname@example.org, by telephone at 01908 211678 or by post at the address above.
English law and jurisdiction
- These Site Terms shall be governed by and construed in accordance with English law. You submit to the jurisdiction of the English courts. You irrevocably agree that the English courts shall have exclusive jurisdiction over any claim or matter brought by you in relation to these Site Terms. We shall also have the right to bring a claim against you in the jurisdiction in which you are based and any other court of competent jurisdiction.