Terms and Conditions

www.bal-adhesives.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

1.1 By accessing and/or using the Website on the internet (irrespective of whether or not you register as a user) consumers and tilers agree to the following terms.

1.2 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 by consumers and tilers constitutes acceptance of these changes. Consumers and tilers should ensure that they regularly visit this page.

1.3 Access to the Website does not require consumers and tilers to become registered users.

General disclaimers – applicable to all users

2.1 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.

2.2 We make no, and expressly disclaim representations or warranties of any kind, express or implied in respect of the Website or the information, content, materials or products and services included in it including, but not limited to, information or content on the forum/chatroom area of the Website.

2.3 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.

2.4 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 use of the Website other than for death or personal injury resulting from our negligence or for fraud on the part of our employees whilst acting in the course of their employment. In particular neither we nor any of our directors, employees or representatives will be liable for consequential loss or damage suffered, directly or indirectly, by you or any third party arising from the operation or use of the Website including but not limited to wasted time or expenditure, loss of data, income or profits, production, business revenue, expected savings or goodwill, loss of or damage to property or any claim by any person.

2.5 Any personal data that consumers or tilers disclose to us is dealt with in accordance with our data protection policy and privacy policy as incorporated within these terms. These policies do not apply to any other website, including, without limitation, those which are co-branded. Consumers and tilers acknowledge that unless otherwise agreed in writing we have an unlimited right to use and disclose and permit the further use of any none personal data provided by you in connection with your use of the Website and such information shall be treated as none confidential.

2.6 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.

2.7 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.

2.8 Any competitions, prize draws or promotions on the Website are subject to terms that will be made available at the time of the competition, prize draw or promotion.

2.9 The Website is for public access and is not intended to cater for individual requirements. The content of the Website does not constitute any form of advice, recommendation or other arrangement by us. Users should not rely on the Website’ s content in making, or refraining from making, any decision. Any arrangements made between a third party named on this Website and a consumer or tilers are at their sole risk and responsibility.

2.10 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.

2.11 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.

Site registration – applicable to all users

3.1 If users wish to request to use ‘additional functionality’ features of the website such as within ‘YOU+ BAL’ areas or search functionality for tilers and leaving a tiler review etc, registration to the site is needed.

3.2 In order to become a registered user of the Website users must provide us with complete and accurate registration information. Furthermore, it is your responsibility to ensure that this information is kept up to date by informing us of any changes to your registration information (including in particular your e-mail address). This is done by contacting us. Users shall be responsible in all circumstances for the accuracy of all data supplied by themselves in connection with the use of the Website.

3.3 Users will be required to check and confirm such details they have entered onto the website such as continued training and trade association membership.

3.4 As a part of the registration process users must choose a user name and password (your “ID”). The issue or acceptance of an ID is at our discretion. In particular a password will not be accepted if it is the same as or similar to an ID of any other user. You shall ensure that the ID 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 registered user parts of the Website only for the purposes of their employment. Each registration is for a single user only. We do not permit persons to share ID’ s, nor do we permit multiple users to access the Website via a network using a single ID. Your right to use the ID shall not be assigned or transferred to any third party.

3.5 Registrants are responsible for all use of the Website by their ID, whether this is by them or anyone else using their ID. Registrants shall indemnify us against all costs, liabilities, costs and expenses we may incur arising from the use of the ID by any person other than themselves or the use of the Website for any unauthorised purpose. Use of the ID must comply with any instructions from time to time given in connection with accessing or using the Website. Registrants are responsible for any unauthorized use of their ID. You are reminded that you should not use the registered user parts of the Website 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. If registrants are concerned that the security of their ID has become compromised, they must notify us immediately by contacting us.

3.6 We may terminate users registration immediately if they are in material breach of any of these terms and conditions, if an account has a period of inactivity for 6 months or more or, in the case of tilers, if we find that a tiler has used any services provided by our websites, including this Website, and have then not used our products on the performance of contracts that have been generated through use of such sites. In this regard, we may share information with our distributors unless you contact us.

3.7 Users may terminate their registration at any time on 30 days notice to us.

3.8 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

Use by consumers

4.1 Consumer users acknowledge that we are not, under any circumstances, a party to any contract or arrangement entered into between yourself and any tiler who has been introduced to you by the use of this Website.

4.2 We do not guarantee that any tiler will contact a consumer user following introduction by us and the costs of contacting us by any medium will not be refundable in those circumstances.

4.3 We do not represent or warrant that any services or information provided to consumer users by any tiler to whom consumers are introduced to by use of this Website will be provided with due care and skill or that any goods used by them will be of any merchantable quality or will be fit for any purpose (even if that purpose has previously been notified to us).

4.4 We accept no responsibility for any goods or services or information (including any prices) provided by a tiler to a consumer or any delay in their providing or failing to provide or make available goods or services or any negligent provision of goods or services. 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 provided by the tiler or any work carried out based on an introduction through this Website.

4.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise whether or not due to our negligence) which we may otherwise have to consumers as a result of any misrepresentation on or relating to the Website, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).

4.6 You agree that each of these limitations is reasonable having regard to the nature of the Website and in particular given that you will enter into a separate contract with the supplier in each case.

Ratings/forum – terms applicable to those posting Ratings/comments on the forum

5.1. We offer consumer users the facility to post Ratings to the Site and tilers the facility to post comments on the forum. We do not control, and take no responsibility for, the content of Ratings or comments on the forum. However, we reserve the right to delete, edit or move any Ratings or comments.

5.2 Anyone posting a Rating or a comment on the forum by doing so confirms that they are over 16 years old. You are solely and entirely responsible for the content of any Rating that you post or comment you post on the forum. You agree to comply with any and all rules posted by us in relation to Ratings.

5.3 You may not post, link to or otherwise publish any Ratings or comments on the forum which contain any form of advertising or promotion for goods and services; unlawful, threatening, abusive, libelous, defamatory or indecent remarks or that infringe copyright or other rights of third parties; i.e. deliberately leaving harmful or misleading information on a direct competitor, any other form of illegal content; any virus or other harmful component.

5.4 Those posting Ratings or comments on the forum may not impersonate any person or entity (including our employees) or misrepresent any affiliation with any person or entity or otherwise disguise the origin of any Ratings or comments on the forum.

5.5 You agree to indemnify and hold us harmless from all claims, costs and reasonable expenses (including reasonable legal expenses) that arise as a result of you posting any Rating or comment on the forum that is in breach of these terms.

5.6 Through submitting a Rating or comment on the forum you grant us a perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-licence the Rating in whole or in part. This will also include personal information such as your user name or alias (if available) and your expressions of opinion.

Ratings/forum – terms applicable to those reviewing Ratings/comments posted on the forum

6. We take no responsibility for, and cannot guarantee the accuracy, quality or integrity of any Rating or comments posted on the forum submitted. You must note that some users may submit Ratings/comments on the forum that are misleading, inaccurate, untrue or offensive and consequently you should not place any reliance on the accuracy of any Rating/comment posted on the forum.

Ratings/forum – general term applicable to all users

7. We do not have the ability to ensure that Ratings/comments posted on the forum do not infringe the copyright, or any other right, of third parties. If you feel that a Rating/comment posted on the forum infringes any legal rights you may have, or you wish to complain about the content of a Rating/comment posted on the forum you should immediately contact us by clicking ‘contact us’ with full details of your complaint and accurate details of how we may contact you.

Use by tilers

8.1 We offer consumer users the facility to post Ratings to the Site. We do not control, and take no responsibility for, the content of Ratings. However, we reserve the right to delete, edit or move any Rating.

8.2 Tilers acknowledge that we are not under any circumstances a party to any contract or arrangement entered into between a tiler and any consumer or customer introduced to tilers by the use of this Website.

8.3 We do not represent or warrant that any consumer or customer introduced to tilers by the use of this Website will fulfil any or all of the obligations owed to tilers under any contract or arrangement entered into between a tiler and that consumer or customer.

8.4 We accept no responsibility for the fulfilment of any or all of the obligations owed to a tiler by any consumer or customer introduced to a tiler by the use of this Website, or for any loss or damage of any nature caused to a tiler by such consumer or customer.

8.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise, whether or not due to our negligence) which we may otherwise have to you as a result of any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the Website or any information on our Website.

8.6 If you upload any information to the Website, you are solely and entirely responsible for any such content that you post and by continuing with such uploading/posting confirm that you have the right to publish such content and are not infringing any third parties intellectual property. You agree to indemnify and hold us harmless from all claims, costs and reasonable expenses (including reasonable legal expenses) that arise as a result of you uploading any content in breach of these terms.

Intellectual property – applicable to all users

9.1 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.

9.2 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.

9.3 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.

Data protection and privacy policy

We are committed to ensuring that your privacy is protected. This policy explains to us how we use the information we collect about you and how you can instruct us if you prefer to limit the use of that information and the procedures that we have in place to safeguard your privacy.

10.1 It is our policy to use personal data we require from you from your use of the Website to fulfil your request for information about our products and/or services and to provide you with further information on those products and/or services and in the case of consumers requesting a quote, we supply your details to the relevant tilers who may then contact you. Limited information submitted by tilers will also be displayed on our Website to enable consumers to find a tiler in their area. We also use the information to communicate with you relating to any matter relating to the conduct of your account and the provision of the service provided by the Website in general.

10.2 We may also aggregate information and statistics for the purposes of monitoring Website usage in order to help us develop the Website and our service and provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.

10.3 We and our group companies and our distributors may also wish to provide you with information of special features of our Website and any other service or product we think may be of interest to you. If you would rather not receive this information, please send an email message to balmarketing@building-adhesives.com to confirm this.

10.4 We may also provide your information to carefully selected third parties, including but not limited to our distributors, whose products or services we believe may be of interest to you or whose products or services you may already use. If you do not wish us to disclose your information in this way please send an email to balmarketing@building-adhesives.com

10.5 If this business is sold or integrated with another business your details may be disclosed to our advisors and any prospective purchaser and their advisors and will be passed on to the new owners of the business.

10.6 By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will propose the changes on this page and post notice on other pages of the Website so that you may be aware of the information we collect and how we use it at all times. We will also email you should we make any changes so that you may consent to our use of your information in that way. Continued use of the service will signify that you agree to any such changes.

10.7 Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries outside the European economic area that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try and improve the security of your information. By submitting your information you consent to these transfers. We collect information when you register with our Website, make requests for further information, participate in a survey or take part in a competition. The type of personal information we may require includes but is not limited to your name, postal address, telephone contact details and your email address.

10.8 We will fully comply with the requirements of the UK Data Protection Act 1998. For information on the act and the information commissioner please click here.

10.9 If you have submitted personal data to us electronically and would like it to be removed, or if you believe personal data held by us to be incorrect please contact balmarketing@building-adhesives.com.

General

11.1 We welcome your views about our Website and our privacy policy. If you would like to contact us with any queries or comments please send an email to balmarketing@building-adhesives.com.

11.2 These conditions do not confirm any right enforceable by any third party in connection with the use of the Website.

11.3 The law applicable to these conditions is English law and you submit to the exclusive jurisdiction of the English courts in all matters connected with these conditions.

11.4 Your rights under these terms may not be assigned, sub-let or otherwise transferred.Rights and remedies under these terms will not be waived by a failure of either party to exercise any right or remedy under these terms. If this term or any of these terms is found to be invalid by a court with competent jurisdiction, the remaining terms will be unaffected and remain valid.

In these conditions “we”, “us” and “our” means bal-adhesives.com or Building Adhesives Limited as applicable and “you” and “your” means the user/visitor being a user as relevant.

www.bal-adhesives.com is owned by Building Adhesives Limited a company registered in England & Wales whose registered office is at Longton Road, Trentham, Stoke-on-Trent, ST4 8JB. “TilerWorld” “Powerspeconline” and “BAL-QuoteBuilder” are trademarks and may not be used without the prior written permission of Building Adhesives Ltd.

Competition Terms and conditions

Terms and Conditions for BAL monthly prize draw

12.1 One prize draw will be made on the Friday in the last week of each month from September 2015 to December 2016.

12.2 Entries received in the week of the date of the draw will be entered into the following month’s draw.

12.3 The winner will be the first entry drawn at random by an independent person.

12.4 Winners will be notified by post to the address stated in the entry within 15 days.

12.5 To be entered into a draw simply return a completed Tiler feedback form online at www.bal-adhesives.com or by post to BAL Marketing, Building Adhesives Limited, Longton Road, Trentham, Stoke on Trent, ST4 8JB.

12.6 Only one entry per each completed tiling job.

12.7 Entry into the prize draw is free but the tiling work reported on in the entry must have been completed using Building Adhesives Limited BAL branded products, by a tiler registered on

www.bal-adhesives.com, and have been completed within the period of not more than 6 months before the relevant draw.

12.8 Each monthly winner will receive a cash prize equal to the amount of the reasonable costs (of labour, materials and VAT) paid by the entrant to the tiler specified in the entry for the tiling work reported on up to a maximum of £1,000. In order to confirm entitlement to the prize, entrants will need to provide proof of the payment to the tiler who may be required to verify receipt.

12.9 No liability is accepted for entries which are incomplete, illegible or which are not received by Building Adhesives Limited. Ineligible or fraudulent entries will not be entitled to receive a prize.

12.10 Entrants must be over 18, residents of the United Kingdom or Eire who are not employees (or family members of employees) of Building Adhesives Limited or its associated group companies, their distributors or agents.

12.11 For winners’ names, send a stamped addressed envelope to Building Adhesives Limited. No further correspondence will be entered into concerning the prize draw.

12.12 To receive a prize winners must consent to Building Adhesives Limited publishing photographs of the winner, their name and home town in future communications and/or other publications and press.

12.13 Building Adhesives Limited reserves the right to terminate or suspend the prize draw at any time.

12.14 This prize draw shall be governed by the laws of England whose courts shall have exclusive jurisdiction.

12.15 By entering into this prize draw, entrants agree to be bound by its terms and conditions. Decisions of the promoter in matters relating to this promotion are binding and final.

12.16 Building Adhesives Limited shall have no liability for entries which are received illegible, damaged or which are delayed or are not received as a result of any network, computer hardware or software failure of an kind nor for any loss or damage arising from the use of its website, malware, computer viruses or the like or arising from the publication of data (including data of the Entrant) on the www.bal-adhesives.com website.

12.17 Entrants consent to the processing, use and publication on www.bal-adhesives.com website of their personal data by Building Adhesives limited for marketing and connected purposes.

12.18 Promoter: Building Adhesives Limited, Longton Road, Trentham, Stoke on Trent, ST4 8JB.

Acceptable use policy

13.1 Your use shall comply with all applicable laws and/or regulations from time to time in force.

13.2 You shall not:

13.2.1 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;

13.2:2 commit or encourage a criminal offence or otherwise or do anything unlawful or in breach of any regulation or code of practice;

13.2:3 knowingly distribute a virus or other electronic material with harmful or destructive properties;

13.2.4 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;

13.2.5 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”;

13.2.6 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;

13.2.7 do anything which does not confirm with the acceptable use policies of any connected networks and Internet standards generally;

13.2.8 use the site for any illegal purpose; or

13.2.9 post any material deemed illegal or against public policy in any relevant jurisdiction.

13.3 We reserve the right to amend the Acceptable Use Policy at any time.

13.4 In these conditions “we” means Building Adhesives Limited and “you” means the user.

General

14.1 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 Website or any information we supply in the course of its use by you.

14.2 These conditions do not confer any right enforceable by any third party in connection with the use of the Website.

14.3 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.

14.4 In these conditions “we” means Building Adhesives Limited and “you” means the user.

Technical information and advice

15.1 Where the Company supplies any information, opinion, recommendation or advice (“information”) the customer must check its suitability for the particular application in which any goods are intended to be used and the Company accepts no liability whatsoever for any loss, damage or expense arising from the use of any information it provides. Without prejudice to the generality of the foregoing the Company shall not be liable for the consequences of any incorrect use of any goods or poor workmanship on the part of the customer or user.

Extent of liability

16.1 Except to the extent stated in these conditions or otherwise agreed in writing by it:

16.1:1 the Company shall have no obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever under or in connection with any contract for the sale of any goods other than for death or personal injury resulting from its negligence or for fraud on the part of any of its employees whilst acting in the course of their employment; and

16.1:2 in particular, the Company shall have no liability for any consequential loss or damage suffered, directly or indirectly, by the customer under or in connection with any contract for the sale of any goods, including but not limited to wasted time or expenditure, loss of profits, production, business revenue, expected savings or goodwill or any claim against the customer by any person.

16.2 The Company’s liability under or in connection with any contract for the sale of any goods shall in no circumstances exceed their invoice value.

16.3 The Company shall be discharged of all liability to which these conditions apply unless proceedings are begun within twelve (12) months after the customer became aware (or should reasonably have become aware) of the facts giving rise to such liability.

Termination or suspension

17. If the customer fails to make any payment when and as due or otherwise defaults in any of its obligations under any contract for the supply of goods by the Company to the customer or any other agreement between the Company and the customer, the Company shall, without prejudice to any other remedy, be entitled, at its discretion, without liability to the customer, by giving the customer written notice at any time or times, to suspend its performance of or (whether or not such performance has previously been suspended) terminate such contract.

Force majeure

18. The Company shall not be liable for any delay or other failure to perform the whole or any part of any contract resulting from any cause whatsoever beyond the Company’s control existing at the date of the contract or arising thereafter including but not limited to fire, explosion, breakdown or failure of plant or machinery, lack or failure of transportation facilities, or the supply of labour, materials or power, strike, lockout or labour dispute (whether or not at the Company’s works), illness, epidemic, flood, drought, war, civil commotion, or restriction of any authority or governmental agency and the time for performance shall be extended by the period of any such delay.

Additional Considerations

19.1 The Company operates a continuous programme for the development and improvement of its goods and reserves the right to alter their specifications at any time without notice and to deliver goods conforming to the altered specification in fulfilment of any contract; no contract shall constitute a sale by sample notwithstanding that any products may have been exhibited to or inspected by the customer. The Company also reserves the right at any time to update any information it provides, without notice.

19.2 The Company may at its discretion sub-contract all or any of its obligations under the contract but the contract shall not be assigned by the customer without the Company’s prior written consent.

19.3 The acceptance of cancellation of any contract requested by the customer shall be at the Company’s discretion and take effect only when written confirmation of such acceptance has been given by the Company.

19.4 The customer shall, in its promotion of the Company’s products or those of any other supplier, in the form of advertisements, leaflets or other matter, or in any other medium, including the internet, comply with all directions from time to time given by the Company as to the use of its trade marks, business or product names, logos or the like and shall not reproduce in whole or in part any of the Company’s advertising, promotional or other material without first obtaining the Company’s consent.

19.5 A person who is not party to the contract shall not have any rights under or in connection with it.

19.6 This agreement supersedes and invalidates all other commitments, representations and warranties relating to the subject matter hereof which may have been made by the parties either orally or in writing prior to the date hereof, and which shall become null and void from the date this agreement is signed.

Law, jurisdiction and construction

20.1 The contract shall be governed by English law and the parties consent to the exclusive jurisdiction of the English courts in all matters relating to the contract except to the extent the Company invokes the jurisdiction of the courts of any other country.

20.2 The headings of conditions are for convenience of reference only and shall not affect their interpretation.