Building Adhesives Limited "Powerspec" programme online – notice
www.powerspeconline.com (“the Website”)
Conditions of use
We advise both all users to print and keep safe a copy of these conditions.
Effect of this notice
1. By accessing and/or using the "Powerspec" programme on the internet you agree to the following terms.
1.1 These conditions are subject to periodic amendment as we reserve the right to alter any and all of these terms at our discretion. The continued use of the Website constitutes acceptance of these changes. Users should ensure that they regularly visit this page.
ID and password
2.1 the issue or acceptance of any ID or password is at our discretion. In particular a password will not be accepted if it is the same as or similar to a password of any other user;
2.2 use of the ID and password must comply with any instructions from time to time given in connection with accessing or using the "Powerspec" programme on line.
use of "Powerspec" programme online
3.1 You shall be responsible in all circumstances for the accuracy of all data supplied by you in connection with the use of the "Powerspec" programme online.
3.2 We provide our Website and its contents on an “as is” and “as available” basis. We do not represent or warrant that access to the Website, or any part of it will be uninterrupted, reliable or fault free. We accept no liability in the event that the Website becomes partly or wholly unavailable at any time for whatever reason nor do we accept liability for any unauthorised access to or any alteration, theft, corruption or destruction of information or data howsoever caused.
3.3 Whilst we endeavour not to make the Website misleading, we do not represent or warrant that any advice, opinion, information or software provided or transmitted to you via our Website or email communications transmitted in connection with the operation of the Website is accurate, complete, current, reliable, error free or free from viruses.
3.4 We accept no responsibility for the content of web sites or pages linked to any site provided by us in connection with the provision of the "Powerspec" programme.
3.5 Although we have endeavoured to make colours on the screen as close as possible to the ones we supply we accept no responsibility for the accuracy of the colour match. In particular colours may very depending on your screen settings and resolution. In case of doubt you should check the products.
3.6 You acknowledge that unless otherwise agreed in writing we have an unlimited right to use and disclose and permit the further use and disclosure of such information provided by you in connection with your use of the "Powerspec" programme online and such information shall be non-confidential.
3.7 Except to the extent stated in these conditions or otherwise agreed in writing we shall have no obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever in connection with the supply of the "Powerspec" programme online other than for death or personal injury resulting from our negligence or for fraud on the part of any of its employees whilst acting in the course of their employment. In particular, we shall have no liability for any consequential loss or damage suffered, directly or indirectly, by you or any third party arising from the operation or in connection with any contract of the "Powerspec" programme online, including but not limited to wasted time or expenditure, loss of profits, production, business revenue, expected savings or goodwill or any claim by any person.
3.8 We shall have no responsibility for any information, including any prices contained in any quotations generated on this website. In particular, we shall have no liability for any loss, damage or injury or any claims in respect of any loss, damage or injury in relation to any information contained within the quotations generated on this website or any work carried out based on the quotations. Further, you shall indemnify us against any such loss, damage or injury and against any claims in respect of these. No contract or agreement shall exist between you and us and you shall not be deemed to be our representative simply by virtue of the quotations, use of ID, password and "Powerspec" programme.
3.9 We reserve the right to suspend or, with cause, terminate the access of any user to all or any part of the Website at any time with or without notice at our discretion and to decline to provide the service to any user that is in breach of these terms and conditions of use. If notice is to be served, this will be deemed to have been adequately served three hours after e-mail transmission to such persons e-mail address as notified to us.
3.10 We may permit specified parties to advertise and offer for sale certain goods and services. Any contract that users make for the purchase of goods or services from these parties will be with the specified third party and not with us. We will not be responsible for any error or inaccuracy in advertising material. Advertisers and sponsors are responsible for ensuring that any material they submit to the Website is compliant with all relevant laws.
3.11 The Website contains links to other sites. Such links are clearly indicated although such sites may be co-branded with this Website and so may include our trade marks. We are not responsible for the content or availability of such sites and will not be contractually implicated in any transaction for goods or services available from such sites.
use of ID, password and "Powerspec" programme
4.1 You shall ensure that the ID and password are not made known to any person other than, where applicable, your duly authorised personnel having a need to know who are aware and bound by this secrecy obligation and obliged to use the "Powerspec" programme only for the purposes of their employment.
4.2 You are reminded that you should not use the "Powerspec" programme for any purpose for which you are not authorised. For example if you are an employee it should not be used except in the proper performance of your employment.
4.3 You accept responsibility for and shall indemnify us against all costs, liabilities, costs and expenses we may incur arising from the use of the ID and/or password by any person other than yourself or the use of the "Powerspec" programme for any unauthorised purpose.
4.4 We reserve the right at any time without notice to cancel the right to use any ID or password in our discretion.
5.1 All patents, registered designs, registered trade marks and applications for any of the foregoing, copyright, unregistered design rights, confidential information, database rights, trade and business names (including internet names and email address names) and other intellectual property rights presently existing or arising in future in connection with the "Powerspec" programme and its use online including any data we supply and in connection with the supply and installation of our products shall be and remain our sole property.
5.2 You shall not use or permit the use (except in connection with the purchase of goods from us) or copy or modify in any way any information, software or other material provided by us without our prior written authorisation or except as may be required by law.
5.3 All information you acquire in connection with the "Powerspec" programme and its use online shall be treated by you as confidential, during and after the period of your use of the "Powerspec" programme except so far as such information is or becomes publicly available otherwise than in breach of this obligation or as may be required by law.
6.2 We hope that you find the contents of the Website and any communications in connection with it useful but if you do have any complaints about them or their content, you should contact us or write to BAL Marketing, Longton Road, Trentham, Stoke on Trent, ST4 8JB, and we can help prevent you from receiving further communications.
use of our products
7. Any advice, opinion or information is given to assist the use of our products on the basis that you will ensure its suitability for the application intended. In particular we cannot accept liability for loss or damage which may arise from any incorrect use of our products or from poor workmanship. We operate a continuous research and development programme and reserve the right to update information and the Powerspec programme without notice.
intellectual property – applicable to all users
8.1 Unless otherwise stated any copyright, trademarks, logos and service marks (where applicable) displayed on our Website are owned and shall remain our sole property or are licensed by us and reproduced under the authority of their owner.
8.2 Permission is given for the downloading and temporary storage of any or all of the contents of our Website from time to time, for the purpose of viewing on a personal computer or a public terminal. Permanent storage, retransmission, redistribution, publication and modification of any of the contents of our Website as amended from time to time is prohibited without our prior written approval (or except as may be required by law). Written request should be addressed to BAL Marketing, Building Adhesives Ltd, Longton Road, Trentham, Stoke-on-Trent, ST4 8JB, England.
8.3 You may not commercially exploit the material and content of the Website. You may not, without our prior written authorisation remove the trade mark or copyright notices from copies of material made under these terms. You may not create an electronic or manual database of any or all of the Website content.
9.1 Your right to use the ID and password shall not be assigned or transferred to any third party.
9.2 You shall indemnify us against any loss, damage or injury to us and against any claim in respect of loss, damage or injury made against us and all costs and expenses in connection therewith which results from any breach by you of these conditions or any improper use of the "Powerspec" programme or any information we supply in the course of its use by you.
9.3 These conditions do not confer any right enforceable by any third party in connection with the use of the "Powerspec" programme online.
9.4 The law applicable to these conditions is English law and you submit to the jurisdiction of the English courts in all matters connected with these conditions.
Acceptable use policy
10.1 Your use shall comply with all applicable laws and/or regulations from time to time in force.
10.2 You shall not:
10.2.1 in any matter infringe (or do anything that may infringe) the intellectual property rights or other proprietary rights of third parties or any applicable law;
10.2:2 commit or encourage a criminal offence or otherwise or do anything unlawful or in breach of any regulation or code of practice;
10.2:3 knowingly distribute a virus or other electronic material with harmful or destructive properties;
10.2.4 seek or obtain unauthorised or otherwise unlawful access to any third party computer or telecommunications system or interfere with the functioning of any such systems;
10.2.5 distribute material that is, or may constitute, any type of unsolicited advertising or other promotional materials by multiple emails or other electronic means, commonly referred to as “spam”;
10.2.6 publish, send or receive material that is: infringing of any third party intellectual property or other proprietary rights; pornographic, offensive, abusive, indecent, hoax, obscene or menacing; in breach of confidence, privacy or any other rights; libellous, blasphemous or defamatory; unlawful; or potentially damaging or harmful to any person;
10.2.7 do anything which does not confirm with the acceptable use policies of any connected networks and Internet standards generally;
10.2.8 use the site for any illegal purpose; or
10.2.9 post any material deemed illegal or against public policy in any relevant jurisdiction.
10.3 We reserve the right to amend the Acceptable Use Policy at any time.
10.4 In these conditions “we” means Building Adhesives Limited and “you” means the user.
We advise users to print and keep safe a copy of these conditions.
BAL’s free specification tool ‘Powerspec’ allows you to quickly and easily create concise, technically accurate and up-to-date specifications for tiling.
Completely free-of-charge and with secure access to your tiling specifications, it is a key resource to tiling specifiers and contractors.
Market-leader BAL is relied upon by professionals for outstanding product quality and technical support. With our unrivalled national network of on-site product technicians, specialist specification team and technical advisory teams we can provide the required support at all stages of your project, as well as additional services such as RIBA Accredited CPD’s.
© Copyright 2014 BAL Adhesives Ltd.