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GrillBuilder™ Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR GRILLBUILDER TOOL
These terms of use apply to your use of the grillbuilder tool on our website: www.oxgrills.co.uk (“the Grillbuilder”) and is operated by Ox Grills Limited ("we", “us”, “our”). We are registered in England and Wales under company number 09443946 and have our registered office at Bishopton Grange, Bishopton, Stratford upon Avon, Warwickshire, CV37 0RW.

APPLICATION OF THESE TERMS  
By clicking “accept” to these terms of use and/or using the Grillbuilder, you confirm that you accept these terms of use and that you agree to comply with them.  You are also responsible for ensuring that all persons who access the Grillbuilder through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

If you do not agree to these terms, you must not use the Grillbuilder.

The Grillbuilder is provided free of charge in consideration of the obligations and restrictions accepted by you in these terms.

USE OF THE GRILLBUILDER  
We are the owner or the licensee of all intellectual property rights in the Grillbuilder, in the material published via it and any design output created by it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

We provide the Grillbuilder to you solely for the purpose of obtaining a quotation for a finished grill from us.  You must not use the Grillbuilder or any designs created by the Grillbuilder for any other purposes. You must not provide the Grillbuilder designs to any third party without our permission.

You must not modify the Grillbuilder or any materials you have printed off or downloaded from the Grillbuilder in any way.

The Grillbuilder is intended to provide a basis for a quotation for a finished grill and while we make efforts to ensure that any output is accurate, we do not guarantee the most up to date information is available through the Grillbuilder. Any output from the Grillbuilder should be considered a guide and is not an offer to supply any products or services to you, until agreed in a formal quotation from us.

LOSS OR DAMAGE SUFFERED

Whether you are a business user or a consumer:

  • 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 sent with our quotation or otherwise.
  • You acknowledge that the output you receive from the Grillbuilder is dependent on the information that you provide.

If you are a business user:

Except in respect of any liability that cannot be lawfully limited or excluded between business parties, 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, the Grillbuilder; or
  • use of or reliance on any content displayed via the Grillbuilder.

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:

Please note that we only provide the Grillbuilder to you for domestic and private use. You agree not to use the Grillbuilder 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.

YOUR PERSONAL INFORMATION 
We collect your contact details in order to provide you with a quote based on the design you have submitted through the Grillbuilder. This information will be passed to, and processed on our behalf, by our product configurator supplier Expivi B.V. in order to provide the Grillbuilder to you. For more information on how we deal with personal data please see our Privacy Policy.

VIRUSES
While we make efforts to ensure that our systems are virus free, we do not guarantee that the Grillbuilder will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Grillbuilder. You should use your own virus protection software.

You must not misuse the Grillbuilder by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

CHANGES TO THE GRILLBUILDER 
We may update and change the Grillbuilder from time to time to reflect changes to our products, our users’ needs and our business priorities.

We do not guarantee that the Grillbuilder will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Grillbuilder for business and operational reasons.

CHANGES TO THESE TERMS  
We may amend these terms from time to time. Every time you wish to use the Grillbuilder, please check these terms to ensure you understand the terms that apply at that time.THIRD PARTIES

No third party shall have any benefit under these terms or the right to enforce any term of these terms.

ENTIRE AGREEMENT
If you are a business user, these terms contain the entire agreement between you and us with respect to the Grillbuilder (the “Subject Matter”) and supersedes and replaces all other written and oral communications between you and us relating to the Subject Matter.  Except for the express provisions in these terms, all other warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by statute, common law, custom, usage or otherwise are hereby excluded to the maximum extent permitted by law. You hereby confirm that you have not relied upon any representations, communications or other matters which have not been expressly stated in these terms, whether as an inducement to enter into these terms or otherwise. Notwithstanding any provision to the contrary, nothing in these terms limits or excludes liability for fraudulent misrepresentations.

LAW AND JURISDICTION
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business user, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

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