Terms & Conditions
Last updated November 01, 2020
Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and PGR Timber ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.pgrtimber.co.uk website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, noncommercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. By using the Site, you represent and warrant that:
User Registration
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Prohibited Actvities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
User Generated Contributions
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
Contributed License
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
Advertisers
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Site Management
We reserve the right, but not the obligation, to:
Privacy Policy
PGR Builders & Timber Merchants (“PGR/We”) has developed this Privacy Policy to
clearly explain how we collect, process, retain, and share your personal data when you
use our services and visit our website.
PGR is committed to complying with the current data protection laws of the EU General
Data Protection Regulation 2018 (GDPR) and protecting your privacy. The information
we collect is used to provide you with a better service to assist you with your project(s).
This privacy statement sets out everything, from what data we collect and how we do it,
to how we protect and store the data. It also explains your rights regarding that
information and how you can correct any errors in the information that we hold about
you.
INFORMATION WE COLLECT
We will collect many types of personal information from you, including but not limited
to:
• Name
• Photographic ID
• Date of birth
• Job Title
• Home address
• Email address
• Property searches
• Banking details
• Land Registry details
• Landline and mobile numbers
• Utility Bill(s)
• Credit Reports
Other forms of personal data may be obtained via CCTV footage, for example, when you
visit one of our premises or via dash cameras fitted in our vehicles.
If you are involved in or have witnessed an accident at one of our sites and/or involving
one of our vehicles, we may have to collect personal information from you to investigate
the incident fully.
If, whilst visiting one of our establishments, the fire alarm sounds, the appointed fire
marshal may take some personal information from you.
WORKERS, SUBSIDIARIES, AND SUBCONTRACTORS
We may also collect this information relating to any workers, subsidiaries, and
subcontractors that may carry out works on your behalf. Through their use of your
account, they are agreeing to the terms outlined in this policy via your acceptance of the
document within the account application process.
As such, it is the responsibility of both yourself and/or your company to inform said
associates of the existence of this document and show them a copy where necessary.
It is also your duty to explain the obligations of this policy as well as the said associate’s
acceptance of it.
HOW WE COLLECT INFORMATION
The primary source of this information is when you complete an account application
form. This will be directly via you completing the document as well as indirectly whilst
we carry out processes such as credit checks. Other ways in which we collect data
include when you make an enquiry about a product(s), receive a quotation, place an
order with us, access our website, enter any of our surveys or competitions, and also via
any correspondence that you may send us. Due to training purposes, there may also be
instances when calls are recorded.
HOW WE USE INFORMATION
We use the information that you have provided us in the following ways:
• To complete the account opening process (if applicable)
• To manage your account (if applicable)
• To process orders
• For record-keeping purposes
• To notify you of important company changes or developments
• To ask for your opinion on our services
• To inform you of special offers and promotions
• To give you a more personalised experience online
• To ease your online experience via stored payment information
• To report any claims for/against PGR, such as accident logs and CCTV footage
All of this is undertaken to fulfil and comply with our legal and statutory requirements.
EMAIL COMMUNICATIONS
When you provide your email address to us, we use it to communicate with you about
your orders, provide customer service, send marketing messages if you have opted in,
and inform you about changes to our services. You can manage your preferences or
unsubscribe from our marketing emails by clicking the unsubscribe link at the bottom of
any marketing email or by contacting us directly.
SMS COMMUNICATIONS
If you provide your mobile number, we may send you SMS messages regarding your
orders, delivery updates, or promotional offers if you have opted in. You will have the
option to opt out of receiving SMS communications at any time by following the
instructions in the message or contacting us directly.
WHERE DATA IS STORED
We currently use two main methods for storing the personal information that we obtain.
In the current digital age, we primarily store most personal information on our computer
system. We also keep paper hard copies of some documents that we believe are of high
importance. We only store information for as long as it is deemed necessary, after
which time it is securely disposed of.
HOW WE PROTECT YOUR DATA
Due to both the large amount of personal data as well as its sensitivity, the security of
where it is stored is of paramount importance to PGR. We maintain procedural,
physical, and organisational security measures designed to provide protection for your
Personal Data against loss, misuse, unauthorised access, exposure, and modification.
We do this by engaging with relevant software and physical security to keep your data
safe. Any paper copies that we keep are stored securely with minimal copies to
minimise the possibility of a data breach. We also restrict access internally so that only
employees who need your information to complete their work can do so. While
protecting your data is of utmost importance to us, we cannot take responsibility for
protecting any personal data once it has been shared with third parties. Whilst we are
disciplined in meeting the compliance of GDPR, we may not be able to confirm the
subsequent receiver’s compliance nor take accountability for this.
DATA BREACHES
In the event of any data breaches within our security system, PGR will make all those
affected aware within a 72-hour period in compliance with GDPR 2018.
COOKIES
We currently use cookies on our website. When you use our website, a consent box will
pop up where you need to consent to their use.
Cookies are small files that are transferred to your computer’s hard drive. They are
common practice and are used to aid your experience of a website whilst also informing
the website owner of information such as spending habits and movement throughout a
website.
Our cookies do not contain any personal data that allows us to identify who you are. We
use them to track website traffic and areas that are accessed.
WEBSITE
To maintain the security of our site, we do not allow any personal information to be input
or submitted onto our website, including login details.
Whilst we maintain our website security, it is important to let you know that any
transmission of information over the internet is not completely secure, and as such, any
transmission is at your own risk. We cannot take responsibility for any third-party
websites that are accessed via any links hosted on our own, therefore, please do not
submit any data without checking their own privacy policy.
MARKETING
In compliance with GDPR and the Privacy and Electronic Communications Regulations (PECR), we currently engage in a direct marketing policy across the holding company. If you agree to receive our marketing communications via our account forms, you will be sent a verification email. Your details will be safely recorded on our system so that we can send you exclusive offers, deals, and news which may include brands across our holding company. This will be via email, SMS and across our social media platforms. We may call on individuals or businesses that are not currently our customers from time to time. This only happens with people that we believe would be interested in our services and are currently missing out. If anyone states they do not want to receive contact from us again, then we note it and make sure that does not happen.
DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
PGR does not currently share your information outside of its holding company, any of its
subsidiaries, and/or affiliated companies for marketing purposes. We do not share your
information with third parties unnecessarily; however, there are some instances when
this is unavoidable, such as:
• In the event that any business assets are bought or sold, your personal
information may need to be disclosed to the prospective buyer/seller.
• The acquisition of PGR Builders & Timber Merchants by a third party would result
in all personal data being transferred to the buyer.
• To obtain a greater competitive pricing structure from our suppliers, proof of
purchase via customer data being shared is a necessity.
• Should law enforcement or another government agency require information
under legal obligation, we would then share personal information relating to the
request.
• It may be necessary to share personal information to protect the integrity, rights,
and/or assets of PGR, its customers, employees, or other third parties; through
police reports, CCTV footage, vehicle dash camera footage, vehicle tracker
information, and accident reporting to our insurers.
In the event that your information is shared with third parties, PGR endeavours to do so
in a secure manner.
CCTV FOOTAGE
PGR currently employs the use of CCTV cameras and security systems at all of its sites.
This is predominantly used to deter and/or resolve cases of theft; however, we can also
use the information if there is an accident on-site, to check loading, confirm that
products are being stored correctly, and ensure our Health and Safety standards are
met.
Whilst recording footage for largely security purposes, customer data can also be
obtained when entering and/or exiting and whilst being on-site. We keep the copies of
CCTV footage for no longer than three months, to protect against historic incidents,
after which time the data is overwritten.
CHANGES TO OUR PRIVACY POLICY
PGR is committed to working within the parameters of the GDPR 2018 legislation. As
such, we regularly conduct audits on our policies and procedures to ensure that we are
meeting the current regulations. Should any major changes occur in our policy, we will
endeavour to make all of our customers aware via as many means as possible, such as
on our website, via email, and in-store.
This policy was last updated on 3rd September 2024.
YOUR RIGHTS
Under the GDPR legislation, you are entitled to access your personal information. If you
have any such request, or should you believe that any of the data that we currently hold
is incorrect, please email us at [email protected].
You also have the right under GDPR to withdraw your consent at any time. Should you
wish to do so, or if you have any concerns or need further clarification, you can also
write to us at: PGR Timber, Courtauld House, Courtauld Road, Essex, SS13 1RZ.
LEGITIMATE INTERESTS
Legitimate Interests are areas that the company deems that information must be stored
and/or processed is vital to correct function and fundamental for day-to-day service to
operate.
For this reason, it may even be that individuals or businesses have not given, and may
have even withdrawn, consent yet the company still keeps that information.
GDPR states that the legitimate interest must outweigh the fundamental freedoms and
rights of an individual; therefore, we carry out a full assessment of the area to ascertain
the validity. We balance the organisation's interests against those of the individual to
make sure that it is justified, as well as ensuring that the subsequent impact is minimal.
PGR & PRIVACY
The aim of PGR is to conduct our business whilst protecting your privacy. Previously we
did this under the Data Protection Act (1998) and continue to do so under the EU
General Data Protection Regulation (2018). This privacy policy forms part of our
Conditions of Use. We hope that you currently use us and continue to do so in the future
with confidence.
Mobile Terms of Service
PGR Timber
Last updated: Aug. 21, 2024
The PGR Timber mobile message service (the "Service") is operated by PGR Timber (“PGR Timber”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to PGR Timber’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of PGR Timber through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with PGR Timber. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to PGR Timber or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other PGR Timber mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to PGR Timber or email [email protected].
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Term And Termination
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Governing Law
These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. PGR Timber and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.
Dispute Resolution
Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. Binding Arbitration Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Essex, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom. Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) you violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at: PGR Builders & Timber Merchants, Courtauld House, Courtauld Road, Basildon, Essex SS13 1RZ, United Kingdom