Terms And Conditions
Please Read These Terms And Conditions Carefully Before Using This Site
WHAT’S IN THESE TERMS?
1. WHO WE ARE AND HOW TO CONTACT US
https://www.formahoof.com is a site operated by Formahoof Ltd. (”We”). We are incorporated in Ireland, under company number 665475 and our principal place of business is at Worklab, IDA business park, Cork Road, Waterford, Ireland X91DC96.
Our VAT number is IE3672672IH.
To contact us, please email [email protected] or telephone our customer service line on:
2. BY USING OUR SITE YOU ACCEPT THESE TERMS
3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
If you purchase goods from our site, our terms and conditions of supply [insert link to terms of sale] will apply to the sales. Additional terms may apply to any promotion, competition or draw appearing on this site.
4. WE MAY MAKE CHANGES TO THESE TERMS
5. WE MAY MAKE CHANGES TO OUR SITE
6. WE MAY SUSPEND OR WITHDRAW OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons, including in the event of system failure, maintenance or repair or for any other reasonable cause. We will try to give you reasonable notice of any suspension or withdrawal where possible.
7. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
8. PROHIBITED USES OF OUR SITE
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To bully, insult, intimidate or humiliate any person;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards as set out in Paragraph 17.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
- 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.
You also agree not to:
- Access without authority, interfere with, damage or disrupt (i) any part of our site; (ii) any equipment or network on which our site is stored; (iii) any software uses in the provision of our site; or (iv) any equipment or network or software owned or used by any third party.
9. HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner of all intellectual property rights in our site and in the material published on it (“our materials”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You agree that in using our materials you shall (except as where otherwise agreed in writing with us) use them only in accordance with the following permitted uses:
- viewing them on a computer screen and printing no more than one copy of them for your personal use;
- draw the attention of others within your organisation to content posted on our site;
- where, and to that extent only, permission to download and store them is specifically granted, downloading and storing our materials on the hard disk of your computer or portable media but not making any further transfer or copy of it; and
- making such other use (if any) of them only as specifically authorised by us.
You must not 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, unless otherwise expressly authorised by us in writing.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.
10. DO NOT RELY ON INFORMATION ON THIS SITE
The content on our site, including product descriptions, 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 on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
11. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our site contains links to other sites and resources provided by third parties, including social media sites, 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. USER-GENERATED CONTENT IS NOT APPROVED BY US
13. HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
If you wish to complain about content uploaded by other users please contact us on [email protected].
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply [insert link to Terms of Sale].
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you 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 site;
- use of or reliance on any content displayed on our site.
- In particular 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.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16. UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out below:
The standards below (“Content Standards”) must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution a well as to its whole.
A Contribution must:
- Be accurate (where it states facts);
- Be genuinely held (where it states opinions);
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person;
- Be obscene, offensive, hateful or inflammatory;
- Bully, insult, intimidate or humiliate;
- Promote sexually explicit material;
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any copyright, database right or trade mark of any other person;
- Be likely to deceive any person;
- Breach any legal duty owned to a third party, such as a contractual duty or a duty of confidence;
- Promote any legal activity;
- Be in contempt of court;
- Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- Be likely to harass, upset, embarrass, alarm or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any other person;
- Give the impression that the Contribution emanates from D2M Solutions FZE or FormaHoof;
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
- Contain any advertising or promote any services or web links to other sites.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload – paragraph 18.
We also 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.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the Content Standards set out above.
You are solely responsible for securing and backing up your content.
17. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our site, you grant us an irrevocable, non-exclusive, non-transferable, worldwide and royalty-free licence to use that content and all material embodied therein for any purpose and for as long as your content is displayed on our site, including without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from our site and hereby waive all of the moral rights you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you post to our site.
18. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
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.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit 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 site will cease immediately.
19. RULES ABOUT LINKING TO AND FROM 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 or digital media platform 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.
In additional to the above, the website in which you are linking must comply in all respects with the Content Standards and the standards set out below:
- You must not replicate the homepage of our site;
- You must not create a frame or any other browser or border environment around our site;
- You do not use any logos or trade marks displayed on our site without our express written permission; and
- Your website or digital media platform does not contain any content that is distasteful, offensive, controversial or defamatory, that infringes any intellectual property rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations.
If you wish to link to or make any use of the content on our site other than that set out above, please contact [email protected].
Links on our site to third-party websites are provided solely for your convenience. If you use these links, you will leave our website. We have not reviewed these third-party websites and do not control and are not responsible for these websites, their content or availability. Therefore, we do not endorse or make any representations about these sites, any material found on them or any results that may be obtained from using them. If you decided to access any of the third party websites linked to our site, you do so entirely at your own risk.
20. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
21. OUR TRADE MARKS ARE REGISTERED
“FormaHoof” is a registered trade mark of D2M Solutions FZE. All trade marks, whether registered or unregistered, and graphics, logos, designs, page headers, and button icons are the intellectual property rights owned by us and neither they nor confusingly similar versions may be used by you without our prior consent. You are not permitted to use any of these intellectual property rights without our approval unless they are part of material you are using as permitted under How you may use material on our site in paragraph 10.
In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable.