Terms and conditions

Visualconfig.com (the "Website") is operated by VisualConfig Limited (company number 13012920) of 53 Fairmile Road, Christchurch, Dorset, United Kingdom, BH23 2LA ("us", "we", "our", "VCL").

This page (and any documents referred to in it) set out the terms and conditions on which you may use of the Website (the "Terms").  By using our Website, you indicate that you accept these Terms and that you agree to be bound by and comply with them. If you do not agree to these Terms, you must not use the Website.

We may update these Terms at any time by amending this page. You should check this page from time to time to take notice of any updates we have made since your continued use of the Website will indicate you accept the updated Terms and agree to be bound by and comply with them.

Please note that if you or the company you represent enters into a contract with VCL as a business customer then the terms of such relationship will be as set out in that contract and the terms and conditions of that contract will take precedent over these Terms.

 

Age and Capacity

You must be over 18 years of age to use this Website and to register a customer account.  You warrant that you are at least 18 years of age, you will give accurate and true information and you will be responsible for all your use of the Website (including any use made by any other person's use of this Website through your account, login or email address).

 

Personal Information

We have a Privacy notice which we advise you to read. This explains how we use any personal information that you provide to us or that we gather from you when using the Website and what we do to protect your privacy. The Privacy notice explains how you may request that we amend, update or delete your personal information from our records as well as how to request that we cease all contact with you.

Please read the Privacy notice carefully as once you use the Website you will be regarded as having read and accepted its terms.

 

Use of the Website

Information and data published on the Website is for information only and we do not hold ourselves out as giving advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such information or data by any visitor to the Website, or by anyone who may be informed of any of its contents.

The Website is intended for your own private, non-professional use. You may not use and should ensure that no other person uses the information supplied by us for resale, redistribution or other commercial use. If you copy or transmit any Website pages you acknowledge and agree that these Terms shall continue to apply to such pages.

If you or the company you represent enters into a contract with VCL as a business customer you will be asked to set up an account that will provide access to our secure customer portal.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our customer portal security or registration procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.  Further terms relating to your access to and use of the customer portal will be set out in your business customer contract with VCL.

We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

You will be responsible for all fees, duties, taxes and any other costs arising out of your use of the Website or any services offered via the Website.

You must not misuse the Website by knowingly introducing viruses, trojans, worms or other material which is malicious or may be technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

 

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Website and the text, graphics and the information contained on it including the visual configurator, the customer portal, any associated databases and the augmented reality application (the “Software”).

We grant you a non-exclusive, non-transferable licence to use the Software solely for and only to the extent necessary for use of the Website and to evaluate the Software via the Website, and for no other purpose.  You may print or download to a personal computer cutting lists, instruction drawings and plans in accordance with these Terms and as instructed on the Website solely for your own personal use or to evaluate the Software as a customer or potential customer of VCL.  This permission is revocable at any time by VCL.

Permanent copying and/or storage of whole or part of the Website or the information contained therein or reproduction or incorporation of any part of it in any other work or publication whether paper or electronic media or any other form is expressly prohibited.

You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Website.

The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

 

Disclaimer

We take reasonable care to ensure that the information on the Website is accurate and up to date though there may be occasions when this is not possible. 

This Website may contain links to third party products, services and websites. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. This Website may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on this Website should not be taken as an endorsement by us of any kind.

The Website is designed for use in the United Kingdom and you must not use the service in countries where it may be restricted or prohibited by local legislation. The products, services and tariffs covered by the Website apply to and are available only in the UK unless otherwise stated. Any advertising material included in the Website is intended for the market in the UK only.

 

Limitation of Liability

Nothing in these Terms affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under English law.

Neither us nor our partners, affiliates, suppliers or sub-contractors shall be liable for any: (i) loss of profit, loss of opportunity, loss of business, loss of revenue, loss of anticipated savings, loss of data, wasted time, wasted costs; or (ii) any indirect, incidental, special, or consequential loss, arising out of or in any way connected with the use of this Website or with any delay or inability to use this Website or for any information, products, and services obtained through this Website or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise.

All warranties whether express or implied under law, including without limitation any warranty for information, data services, interrupted use, errors, omissions, delays, termination of service, loss of data for any reason, fitness for purpose and infringement of third party property rights are hereby expressly excluded.

Specifically we do not warrant: (i) that any building you design through our Website or the customer portal will be fit for any intended purpose; (ii) that any building you design through our Website will comply with any applicable laws or regulations; or (iii) that our Software will be fit for your intended purpose as a customer or potential customer of VCL.

Whilst reasonable efforts are made by us to ensure the accuracy of all the information available on the Website, all information shall be provided on an 'as is' basis. To that end, please note that we make no warranties about the accuracy of such information (whether produced by or on behalf of VCL or by our partners or others) and you are strongly advised to verify details of products, services, prices, taxes and any other terms and conditions with the relevant partner, materials supplier or building installer.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

 

Agency

You agree that your use of the Website or anything in these Terms does not create a joint venture, partnership or agency relationship between us and you.

 

Severability

If any part of these Terms is held to be invalid or unenforceable, then that part will be struck out leaving the remainder of the Terms to continue in effect.  The part being held to be invalid or unenforceable shall be replaced by a valid and enforceable provision which should closely reflect the spirit of the struck out section it is possible to do so.

 

Entire Agreement

These Terms represent the entire agreement between you and us and no other representations, whether oral, in writing, transmitted by electronic means or made on the Website or other sites to which the Website links to or from, shall form any part of the agreement between us. Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms.

 

Legal

We do not want to receive confidential or proprietary information from you through the Website. Please note that any information or material sent to VCL through the Website will not be deemed confidential. By sending us any information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that VCL is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless: (i) we obtain your permission to do so; or (iii) we are required to do so by law.

 

Dispute Resolution, Governing Law and Jurisdiction

If any dispute arises in connection with these Terms parties agree to attempt to resolve such dispute by negotiation. These Terms (and any non-contractual obligations connected with these Terms) shall be governed by and construed in accordance with English law. The English courts will have exclusive jurisdiction over any claim arising from, or related to, your use of the Website.