INTRODUCTION

• These terms and conditions govern your use of our website.

• By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

• If you request a brochure or submit a guarantee registration, we will ask you to expressly agree to these terms and conditions.

• You must be at least 18 years of age to request a brochure or submit a guarantee registration; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

• Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

COPYRIGHT NOTICE

• Copyright (c) 2015 Vispring Ltd.

• Subject to the express provisions of these terms and conditions:
  • we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
  • all the copyright and other intellectual property rights in our website and the material on our website are reserved.

LICENCE TO USE WEBSITE

• You may:
  • view pages from our website in a web browser;
  • download pages from our website for caching in a web browser;
  • print pages from our website; and
  • stream audio and video files from our website; subject to the other provisions of these terms and conditions.

• Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

• You may only use our website for your own personal or business purposes, and you must not use our website for any other purposes.

• Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

• Unless you own or control the relevant rights in the material, you must not:
  • republish material from our website (including republication on another website);
  • sell, rent or sub-license material from our website;
  • show any material from our website in public;
  • reproduce, duplicate, copy or otherwise exploit material from our website for a commercial purpose; or
  • redistribute material from our website.

• Notwithstanding Section 3.5, you may redistribute our newsletter in electronic form to any person.

• We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

ACCEPTABLE USE

• You must not:
  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

• You must not use data collected from our website to contact individuals, companies or other persons or entities.

• You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

LIMITED WARRANTIES

• We do not warrant or represent:
  • the completeness or accuracy of the information published on our website;
  • that the material on the website is up to date; or
  • that the website or any service on the website will remain available.

• We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

• To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

• Nothing in these terms and conditions will:
  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law.

• The limitations and exclusions of liability set out in this Section 6 and elsewhere in these terms and conditions:
  • are subject to Section 6.1; and
  • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

• To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

• We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

• We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

• We will not be liable to you in respect of any loss or corruption of any data, database or software.

• We will not be liable to you in respect of any special, indirect or consequential loss or damage.

• You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

BREACHES OF THESE TERMS AND CONDITIONS

• Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
  • send you one or more formal warnings;
  • temporarily suspend your access to our website;
  • permanently prohibit you from accessing our website;
  • block computers using your IP address from accessing our website;
  • contact any or all your internet service providers and request that they block your access to our website;
  • commence legal action against you, whether for breach of contract or otherwise; and/or
  • suspend or delete your account on our website.

• Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

VARIATION

• We may revise these terms and conditions from time to time.

• The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

• If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

ASSIGNMENT

• You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

• You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

SEVERABILITY

• If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

• If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

THIRD PARTY RIGHTS

• These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

• The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

ENTIRE AGREEMENT

• Subject to Section 6.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

LAW AND JURISDICTION

• These terms and conditions shall be governed by and construed in accordance with English law.

• Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

STATUTORY AND REGULATORY DISCLOSURES

• We are a registered member of the Nation Bedding Federation; you can find the online version of the register at www.bedfed.org.uk/directory-members/

• We are also a member of the www.thefurnitureombudsman.org

• Our UK VAT number is 927490010

PERSONAL INFORMATION AND PRIVACY

• Introduction
  • We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
  • We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website. / By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

• Collecting personal information
  • We may collect, store and use the following kinds of personal information:
    • information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);
    • information that you provide to us when registering your guarantee or requesting a brochure through our website (including your email address);
    • information that you provide to us for the purpose of subscribing to our newsletter (including your name and email address);
    • information contained in or relating to any communications that you send to us or send through our website (including the communication content and meta data associated with the communication);
    • any other personal information that you choose to send to us.
  • Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with the terms of this policy.

• Using your personal information
  • Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
  • We may use your personal information to:
    • administer our website and business;
    • personalise our website for you;
    • refer you to suppliers of goods or services in which you have expressed an interest;
    • enable suppliers of goods or services in which you have expressed an interest to contact you;
    • send you non-marketing commercial communications;
    • send you email notifications that you have specifically requested;
    • send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
    • send you marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
    • provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
    • deal with enquiries and complaints made by or about you relating to our website;
    • keep our website secure and prevent fraud;
    • verify compliance with the terms and conditions governing the use of our website.

• Disclosing personal information
  • We may disclose your personal information to our officers, agents or retailers insofar as reasonably necessary for the purposes set out in this policy.
  • We may disclose your personal information:
    • to the extent that we are required to do so by law;
    • in connection with any ongoing or prospective legal proceedings;
    • in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
    • to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
  • Except as provided in this policy, we will not provide your personal information to third parties.

• International data transfers
  • Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
  • Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, China and India.
  • You expressly agree to the transfers of personal information described in this Section 5.

• Retaining personal information
  • This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
  • Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  • Without prejudice to Section 6.2, we will usually delete personal data falling within the categories set out below at the date/time set out below:
    • brochure request data will be deleted after 365 days.
  • Notwithstanding the other provisions of this Section 6, we will retain documents (including electronic documents) containing personal data:
    • to the extent that we are required to do so by law;
    • if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
    • in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

• Security of your personal information
  • We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
  • We will store all the personal information you provide on our secure (password and firewall protected) servers.
  • You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
  • You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

• Amendments
  • We may update this policy from time to time by publishing a new version on our website.
  • You should check this page occasionally to ensure you are happy with any changes to this policy.

• Your rights
  • You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
    • the payment of a fee currently fixed at GBP 10; and
    • the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport plus an original copy of a utility bill showing your current address).
  •  We may withhold personal information that you request to the extent permitted by law.
  • You may instruct us at any time not to process your personal information for marketing purposes.
  • In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

• Third party websites
  • Our website includes hyperlinks to, and details of, third party websites.
  • We have no control over, and are not responsible for, the privacy policies and practices of third parties.

• Updating information
  • Please let us know if the personal information that we hold about you needs to be corrected or updated.

COOKIES

• About cookies
  • A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
  • Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
  • Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
  • Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.

• Our cookies
  • We use both session and persistent cookies on our website.
  • The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:
    • we use [_ga] on our website to track users as they navigate the website.

• Analytics cookies
  • We use Google Analytics to analyse the use of our website.
  • Our analytics service provider generates statistical and other information about website use by means of cookies.
  • The analytics cookies used by our website have the following names: _utma, _utmb, _utmc and _utmz.
  • The information generated relating to our website is used to create reports about the use of our website.
  • Our analytics service provider’s privacy policy is available at: http://www.google.com/policies/privacy/.

• Blocking cookies
  • Most browsers allow you to refuse to accept cookies; for example:
    • in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;
    • in Firefox (version 24) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and
    • in Chrome (version 29), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.
    • Blocking all cookies will have a negative impact upon the usability of many websites.
    • If you block cookies, you may not be able to use all the features on our website.

• Deleting cookies
  • You can delete cookies already stored on your computer; for example:
    • in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);
    • in Firefox (version 24), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and
    • in Chrome (version 29), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data”.
  • Deleting cookies will have a negative impact on the usability of many websites.