Amberdwell.com – WEBSITE TERMS OF USE
Please read these terms and conditions carefully before using this site as they are a legally binding agreement between you and us.
WHAT’S IN THESE TERMS?
These terms tell you the rules for using our website: www.amberdwell.com (referred to as the “Site”). Throughout this document, we refer to them as the “Terms”. A reference to “you” or “your” is a reference to the user of this Site.
1. WHO WE ARE AND HOW TO CONTACT US
We are Amberdwell Ltd (company number 40203618394), trading under the business name Amberdwell, and our address is Riga, Latvia, Ropazu Novads, Stopinu Pagasts, Lici, Kraces-19 (referred to as “we” or “us” or “our”). We are not a manufacturer of prefabricated houses. We are the providers of the Site. It is our members (manufacturers of prefabricated houses, referred to as “members”) that display model details for you to view.
2. BY USING OUR SITE YOU ACCEPT THESE TERMS
These Terms set out all of the rules and obligations that apply to your use of the Site.
By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
We recommend that you print and keep a copy of these Terms for future reference. They are a legally binding agreement between you and us.
These Terms may also refer to other terms that apply when using our Site, such as our Privacy Policy.
3. WE MAY MAKE CHANGES TO OUR TERMS
We amend these Terms occasionally by updating them on the Site. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time.
4. WE MAY MAKE CHANGES TO OUR SITE
We may, from time to time, change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it.
5. YOUR OBLIGATIONS AND ACCEPTABLE USE
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Site and that your computer system is compatible with this Site.
You must not misuse our system or this Site. In particular, you must not hack into, circumvent security, or otherwise disrupt the operation of our system and this Site or attempt to carry out any of the preceding. This includes introducing viruses, trojans, worms, logic bombs, or other material that is or could be malicious or technologically harmful. You must not misuse any forms on the Site, and any forms you submit must be a genuine inquiry.
You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site. You must not use any scraping technology on the Site. Any such use or attempted use of an automated program shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs is strictly unauthorized.
You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form, or email you send or submit from or to the Site.
Whenever you use features that allow you to upload content to our Site, or to make contact with other users via our Site, you must comply with the content standards set out in these Terms. You warrant that any such contribution does comply with the standards mentioned below, if you are a business, you will indemnify us against any breach of this warranty.
6. INTERACTIVE SERVICES AND CONTENT
When you fill out and submit an inquiry form on our Site, your personal data will be processed in accordance with our Privacy Policy.
All content that you upload to our Site will be considered non-confidential and non-proprietary and we have the right to use any such content for any purpose, subject to the terms of our Privacy Policy. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third parties’ legal rights.
The views users express on our Site do not represent our views or values.
All content that you upload to our Site must:
be accurate (where you state facts);
be genuinely held (where you state opinions), and comply with the applicable law of the country from which they were posted.
Your content must not: Contain any material that is defamatory to any person;
contain any material that is obscene, offensive, hateful, discriminatory, unethical, immoral, or inflammatory, or contain any material that does or could potentially infringe the intellectual property rights of a third party.
We will determine at our discretion whether there has been a breach of this clause 6. Where we believe a breach of clause 6 has occurred we may take such action as we deem appropriate. This action may include the following: immediate, temporary, or permanent withdrawal of your right to use our Site; immediate, temporary, or permanent removal of any posting or material uploaded by you to our Site; further legal action against you and disclosure of such information to law enforcement or authorities as we reasonably feel necessary.
In addition to all of our rights set out above, we reserve the right to take down any content you upload to our Site at any time without notice or giving a reason.
7. REGISTRATION
To receive details of prefabricated houses presented on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, you will be given access at the point of application.
Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
You accept sole responsibility for all use of and for keeping secret any password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorized use of them or any other breach of security of this Site of which you become aware.
We have the right to disable any account or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
8. INTELLECTUAL PROPERTY
The copyright and all other intellectual property rights in this Site (including all database rights, trademarks, service marks, trading names, text, graphics, code, files, links, and other materials published on it) belong to us or our licensor(s). All rights are reserved.
Subject to clause 5, you may download material from this Site for the sole purpose of using this Site, which we provide an option for you to do. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass off, or link to any material or information on or downloaded from this Site without our prior written consent.
The devices and word marks: Amberdwell is our registered trademark. You must not use or copy them without our prior written consent.
9. WARRANTY
Whilst we endeavor to ensure that any material available for downloading from this Site (such as a presentation brochure) is not contaminated in any way, we do not warrant that such material will be free from infection, viruses, and/or similar code.
Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error-free. We may suspend, withdraw, discontinue, or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
The information on this Site is for general interest only and does not constitute specific advice. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date.
We give no warranties or representations that the information about prefabricated houses on this Site is correct, accurate, or up-to-date.
We give no warranty or guarantee that the Site or information on it complies with laws other than those of the Latvian Republic.
To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms that may apply to our Site or any content on it, whether express or implied.
The details of the prefabricated houses available on this Site are provided to us by our members for your information only. We do not verify the details provided and give no warranties or representations regarding their accuracy or completeness. You do so at your own risk if you rely on these details. We recommend that you check all details with our member advertising the model before making any decisions or taking any action regarding a prefabricated house advertised on our Site.
10. BARRING FROM THE SITE
We reserve the right to bar users from this Site and/or restrict or disable their access or use of any or all elements of our services on a permanent or temporary basis at our sole discretion.
11. WE MAY SUSPEND OR WITHDRAW OUR SITE
Our Site is made available free of charge.
We do not guarantee that our Site, or any content, will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our Site for business and operational reasons. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions and that they comply with them.
12. OUR SITE IS ONLY FOR USERS IN THE EUROPEAN SINGLE MARKET
Our Site is directed to people residing in the European Single Market. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
13. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
This Site contains links to websites operated by third parties. We have no control over their content. We give no warranties or representations regarding the accuracy or completeness of any information appearing on any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third-party website linked to this Site, you do so at your own risk.
14. RULES ABOUT LINKING TO OUR SITE
You must not include links to this Site in any other Site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any “deep link” to any page on this Site. You may link to our home page at www.amberdwell.com and pages within the Site provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.
Our Site must not be framed on any other Site.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
We will not be liable for any failures due to software, Internet errors, unavailability, or any other circumstances beyond our reasonable control. We do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power, or otherwise caused by or to your computer system.
We may put in place such systems as we, from time to time, see fit to prevent automated programs from being used to obtain unauthorized access to our system and this Site. We shall not be liable to you for any consequences arising from or in connection with any such use or attempted use of automated programs to obtain unauthorized access to our system or this Site.
We will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
If you choose to contact our members using the Site, your details (including your e-mail address, telephone number, and home model you are interested in) will be sent to the member with whom you are enquiring. We do not accept any liability for any subsequent communications you receive directly from that member.
If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, business interruption, or business opportunity.
If defective digital content that we have supplied damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
If you are a business user, we exclude all implied conditions, warranties, representations, or other terms that may apply to our Site or any content. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Site; or use of or reliance on any content displayed on our Site.
In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill, or reputation, or any indirect or consequential loss or damage.
16. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these Terms, their subject matter, and their formation are governed by the law of The Latvian Republic.
If you are a business, these Terms, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by The Latvian Republic.
17. CUSTOMER FEEDBACK AND QUALITY
We try to ensure that all customer feedback is dealt with fairly and consistently and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at Amberdwell Ltd, using the address provided at the beginning of these Terms, or contact us using our contact form. We aim to acknowledge all customer feedback.