House Builder XL Limited Terms & Conditions for use of www.hbxl.co.uk web site and software.
1. General Disclaimer
1.1. House Builder XL Limited do not represent or warrant the accuracy or reliability of any of the content or information contained, downloaded linked or accessed through this site.
1.2. Any reliance which you place upon any information contained on this web site or on any web site to which this web is linked will be at your sole risk. It is solely your responsibility to ensure that any product or service about which information is published on this or via this website meets your particular requirements.
1.3. House Builder XL Limited operate a policy of continuous improvement and accordingly reserves the sole and exclusive right in its absolute discretion to make any amendment improvement alteration or discontinuance of any or all of the information or content of this web site without notice.
1.4. The information and content of this web site are provided by House Builder XL Limited on an “as is” basis and House Builder XL Limited disclaims any and all warranties express or implied to the fullest extent permitted by applicable law including without limitation warranties of satisfactory quality merchantability or fitness for a particular purpose in respect of any of the service or product information about which is contained on this web site.
1.5. To the fullest extent permitted by applicable law (excepting in respect of death or personal injury arising from House Builder XL Limited’s negligence) House Builder XL Limited excludes liability for any claims, losses, demands or damages of any kind whatsoever with respect to the content of this website and the materials products and services referred to in this web site, and the availability or functionality of the web site, including without limitation direct, indirect, incidental or consequential loss or damage howsoever arising and whether in statute, contract or tort.
1.6. House Builder XL Limited reserve the right to make changes to the site and the attached terms and conditions of its use at any time.
2.1. All the content provided on this site is the exclusive property of House Builder XL Limited (HBXL) or its suppliers and protected by UK and International Copyright law as is the software used in the real time publication and operation of this web site. Any use except for the purposes of accessing and using the services of this web site and purchasing products and services via this web site is strictly prohibited.
2.2. The web site or any portion of the web site may not be reproduced, duplicated copied or sold, resold or otherwise exploited for any commercial purpose save with the prior written consent of House Builder XL Limited, and/or its suppliers (as the case may be).
3. Applicable Law
3.1. The site is owned and controlled by House Builder XL Limited in the United Kingdom of Great Britain and Northern Ireland. As such the laws of England will govern the terms and conditions and exclusions of warranty without giving effect to any principle of conflict of law and is subject to the exclusive jurisdiction of the English Courts.
4. Privacy and Personal Data
4.1. As a consequence of users registration on the web site, House Builder XL Limited will collect and hold personal data relating to users of the site. We are registered under the Data Protection Act 1998. We undertake to maintain your privacy within the framework of the law. We will not pass on your personal data to any third party, other than the merchants and suppliers with whom House Builder XL Limited are connected as a result of the operation of the site and services, without your permission to do so.
4.2. If we have your permission, we will from time to time use personal data to keep you informed of our latest products and services and those of the merchants and suppliers with whom House Builder XL Limited is connected as a result of the operation of this web site, together with those of third parties.
4.3. Our guiding principle is that your personal data is only held to allow us to support and improve your relationship with and use of the House Builder XL Limited web site and services. If you have any concerns in this regard pleas email us email@example.com and we will investigate such concerns and take such necessary action as we in our sole discretion deem appropriate.
4.4. Notwithstanding the above, the personal data captured as a result of user registration and use of the web site, will be considered as part of the assets of House Builder XL Limited and may be traded as such in the event that House Builder XL Limited is acquired or otherwise disposes of all or some of its assets and business, howsoever arising.
5. Hypertext Links
5.1. Before providing a link to our site you must seek our permission. To do this please email us at firstname.lastname@example.org with the details of the URL to which you wish to link, and the URL of the page on which you will be displaying the hyperlink. We do not permit the displaying of our web pages in any html frame unless we have expressly authorised the same in writing.
6.1. To contact House Builder XL Limited , email us at email@example.com or by post at: House Builder XL Ltd, Future Space, North Gate (UWE), Filton Road, Stoke Gifford, Bristol, BS34 8RB
6.2. These terms and conditions shall govern the relationship between House Builder XL Limited and the customer to the exclusion of any other terms and conditions.
6.3. No variation to these terms and conditions shall be binding unless agreed in writing by an authorised representative of House Builder XL Limited.
6.4. House Builder XL Limited’s employees or agents are not authorised to make any representations concerning the goods or services of the builders merchants and suppliers whose building materials are available through the web site and in entering into any contract with a merchant or supplier the customer acknowledges that it does not rely on any such representations unless specifically confirmed in writing by an authorised representative of House Builder XL Limited.
6.5. Any advice or recommendation given by House Builder XL Limited its employees or agents to a customer or its employees or agents which is not confirmed in writing by an authorised representative of House Builder XL Limited is followed or acted upon entirely upon the customer’s own risk, and accordingly House Builder XL Limited shall not be liable for any such advice or recommendation which is not so confirmed.
6.6. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, web page, invoice or other document or information issued by House Builder XL Limited shall be subject to correction without any liability on the part of House Builder XL Limited.
6.7. House Builder XL Limited may perform any of its obligations or exercise any of its rights under these terms and conditions either by itself or through any other member of its group from time to time, provided that any act or omission of any such other member shall be deemed to be the act or omission of House Builder XL Limited.
6.8. Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified to the party giving the notice.
6.9. No waiver by House Builder XL Limited of any breach of these terms and conditions by a customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.10.If any provision of these terms and conditions is held by a competent authority to be invalid or unenforceable in whole or in part then the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
7. House Builder XL (HBXL) Software
7.1. Use of the House Builder XL Limited client software (EstimatorXpress®, PlansXpress®, Health & Safety Xpert® or ProjectXpert® or ContractsXpert® , is available subject to the terms and conditions of the software licence, supplied with software.
8. Agency Arrangements
8.1. With regard to the purchase, supply and delivery of building products and materials through the web site House Builder XL Limited act solely as the agent for the builders merchants and suppliers whose materials are published on the web site, and have no authority to negotiate or agree terms or enter into any individual contract for the supply and delivery of building materials and products for the said builders merchants and suppliers.
8.2. It remains the sole responsibility of any user of the web site to establish and verify the terms and conditions under which they contract to purchase and pay for building materials, from any particular supplier. House Builder XL Limited play no part in the establishing of such contractual relationships nor do they make any recommendations or representations to either/any of the parties involved.
9.1. All prices for goods and services displayed on the web site are for quotation purposes only, and subject to confirmation at the time of order. The customer acknowledges that all prices published on the web site constitute an invitation to trade and may not be construed by the customer as any offer by or binding obligation upon House Builder XL Limited or the merchants and suppliers accessed through the web site, to provide goods or services to the customer.
10.1. All orders placed through the web site are subject to the terms and conditions of the respective merchant or supplier with whom orders are placed. Such terms and conditions can be inspected and printed at the time of account application with the respective merchant or supplier through the House Builder XL Limited web site.
11. Payment Terms
11.1 Unless otherwise agreed in writing, payment of the price for orders placed and confirmed with merchants and suppliers accessed through the site, are due in strict accordance with the credit account terms and conditions established with the respective merchants and suppliers.