Website Terms of Use
1. Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.
2. Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
3. Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or otherwise sub-license material on the website;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution (such as our product catalogue and price list)].
4. Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
6. Bulletin board / chat room / comments
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website for any purposes related to marketing without our express written consent.
You must not use our website to copy, publish or send mass mailings or spam.
You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime[; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.]
We reserve the right to edit or remove any material posted upon our website.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.
7. Variation
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
8. Entire Agreement
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
9. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
10. Registrations and authorisation
Our Company Registration Number is 01362650
Our V.A.T. Registration Number is 227923886
Our Consumer Credit License number is 080693
Our W.R.A.S. Product Approval Certificate Number is 605112
Harvey Softeners is a member of the I.P.H.E. (Institute of Plumbing and Heating Engineers) and the U.K.W.T.A (United Kingdom Water Treatment Association).
11. Refunds and Return from orders placed on waterways.ltd.uk
We may change our Refund & Returns policy at any time, so please do not assume that the same terms will apply in the future.
When can I return an item?
Your legal rights in accordance with the Consumer Rights Act 2015 state that you are entitled to a full refund if;
- an item is faulty.
- an item is not as described.
- an item is unfit for it’s described purpose.
Our Refund & Returns Policy:
In addition to these rights, we are happy to refund an order you have placed mistakenly, or where the wrong item has been ordered, up to a period of 14 days after you have received the order.
Please note, we do not offer collections or pre-paid labels for returning items to us. Additionally, we do not refund any delivery charges incurred and all return postage is at cost to yourself.
To be eligible for a return:
- Returned items must be unused and have no visible signs of wear or use.
- Returned items must have any tags still attached and be returned in original product packaging.
- Discounted items are final and cannot be returned or exchanged.
Please include a note containing your order number and reason for return within your return parcel and send your items back to:
Online Shop Returns
120 High Street
West Wickham
Kent
BR4 0LZ
When will I receive my refund/replacement product?
We will endeavour to process your refund or replacement within 14 days of receiving your return in our warehouse (providing your returned items are eligible for return/refund). All refunds will be processed using the payment method used in the original purchase.
Refunds may take between 3 and 5 working days to appear in your account depending on your payment method or your bank or building society.
What happens if my return is lost or damaged?
If you suspect your return has become lost or damaged, we recommend first contacting the courier service that you used to return your items. We would also recommend sending your return via a tracked service.
Have any questions regarding returning your item?
If you have any questions concerning a return, please contact us via email at sales@waterways.ltd.uk or call us on +44 (0)208 777 6929
12. Our Complaints Policy for Regulated Loans and Hire Agreements
Stage 1: Receiving your complaint
Once we’ve received your complaint, we’ll write to you within five days to let you know who’ll be dealing with your complaint and how we’ll handle it. We’ll also send you an authority letter for you to sign which allows us access to information from the lender about your account. If we can’t get access to all of your information then we might not be able to investigate your complaint properly.
If a third party has raised the complaint for you, we’ll ask you to sign an authority letter so that we know you’re happy for us to contact the third party on your behalf. We’ll then liaise with them, wherever possible.
Stage 2: Our investigation
We take all complaints about our credit broking/hire service seriously and we’ll investigate all of them thoroughly. Your complaint will be looked into by a dedicated team of specially trained investigators.
As part of our investigation, we’ll gather information from the lender and the sales person who sold you the loan/hire contract. We may also need to speak to other people who were present at the time.
Stage 3: Contacting you
We’ll usually give you a call after we’ve received your signed authority letter. We’ll do this to understand more about your complaint and get your recollection of what happened. If you can’t remember every detail, that’s OK – just tell us what you can.
Stage 4: Our final response to you
We aim to take no more than eight weeks to get back to you with the results of our investigation. We’ll write to you to tell you what we’ve found and whether we’re going to uphold your complaint or not. If your complaint is upheld, the letter will also let you know how we propose to put things right.
The Financial Ombudsman Service (FOS)
If you’re not happy with our final response or we haven’t got back to you within eight weeks, you may be able to refer your complaint to FOS. The Financial Ombudsman is a free to use service. If you want to contact them, you’ll need to do this within six months of us sending you a final response or after the eight week deadline is up, if you haven’t received a final response. We don’t consent to the waiving of our rights to take eight weeks to investigate your complaint before you contact them.
If you do contact FOS and you don’t agree with their decision, then you retain your rights to go to court; but if you accept their decision, it then becomes binding on both of us.
You can get in contact with them using the following information:
- Telephone: 0800 023 4567
- E-mail: info@financial-ombudsman.org.uk
- Post: The Financial Ombudsman Service Exchange Tower London E14 9SR
- Website: financial-ombudsman.org.uk
13. Our contact details
The full name of our company is Harvey Water Softeners Ltd. We are registered in England & Wales under registration number 1362650. Our registered address is Hipley Street, Woking, Surrey, GU22 9LQ.
You can contact us by email at sales@waterways.ltd.uk
myHarvey App Terms of Use
Please read these terms and conditions (“App Terms”) carefully before downloading, installing or using the myHarvey App. These App Terms are a legal agreement between you and Harvey Water Softeners Limited (company number 01362650) of Fourth Floor Abbots House, Abbey Street, Reading, Berkshire, RG1 3BD (“Harvey”, “we”, “us” or “our”).
By downloading, installing or using the myHarvey App, you agree to the terms of these App Terms. If you do not agree to the terms of these App Terms you must discontinue downloading, installing or using the myHarvey App.
Depending on the version of the myHarvey App that you have downloaded, these App Terms incorporate the App Store Usage Rules or the Google Play Terms of Service (“Platform Terms”) which are incorporated into these App Terms. You acknowledge and agree that these App Terms are entered into between Harvey and you and not with Apple or Google (“Platform Provider”) and the Platform Provider is not responsible for the myHarvey App.
We may modify the terms of these App Terms at any time and any modifications are effective immediately from the time they are notified to you. Display of the modified App Terms within the myHarvey App shall be deemed to be notice to you. Your continued use of the myHarvey App confirms your acceptance of the modified App Terms. You agree to review the App Terms regularly to ensure that you are aware of any modifications.
1. Grant and scope of use
1.1
In consideration of you agreeing to abide by the terms of these App Terms, we grant to you a non-exclusive, non-transferable and revocable licence to download, install and use the myHarvey App subject to and in accordance with the terms of these App Terms.
1.2
You may download, install and use the myHarvey App for your own personal use only.
1.3
You are responsible for making all arrangements necessary for your use of the myHarvey App, including the provision of local network and internet access.
1.4
You are solely responsible for maintaining the confidentiality and security of your account with us, including any user names and passwords (“Login Details”). We will not be liable for any unauthorised use of Login Details. You must notify us immediately if you become aware of any security threat or unauthorised access to or use of your account and/or Login Details.
1.5
We may make other services, applications or functionality available to you through the myHarvey App. These services, applications or functionality shall be deemed to form part of the myHarvey App and they may allow you to access or connect to third party websites, devices or services (“Third Party Services”). Your use of any Third Party Service is subject to the terms and conditions applicable to such Third Party Service. Before using any Third Party Service, make sure you have read the terms on which they are being offered to you including the way in which they may use your personal information. We have no responsibility or liability for any Third Party Service.
1.6
In order to access and use the myHarvey App, your device must meet the minimum specifications as detailed on the myHarvey App or the Platform Terms from time to time or otherwise as notified by us to you.
2. Your use of the myHarvey App
Except as expressly set out in these App Terms or as permitted by any Applicable laws you shall:
2.1.1
not copy the myHarvey App except where such copying is incidental to normal use of the myHarvey App or where it is necessary for the purpose of back-up or operational security;
2.1.2
not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the myHarvey App;
2.1.3
not make alterations to, or modifications of, the whole or any part of the myHarvey App nor permit the myHarvey App or any part of it to be combined with, or become incorporated in, any other programs;
2.1.4
not make the myHarvey App available over a network where it could be used by multiple devices at the same time;
2.1.5
not disassemble, de-compile, reverse engineer or otherwise attempt to derive any source code of the myHarvey App, including in order to create an imitation of the functionality of such component in whole or in part, nor attempt to do any such things except to the extent permitted by Applicable law because they are essential for the purpose of achieving inter-operability of the myHarvey App with another software program, and provided that the information obtained by you during such activities:
(a)
is used only for the purpose of achieving inter-operability of the myHarvey App with another software program;
(b)
is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
(c)
is not used to create any software which is substantially similar to the myHarvey App;
2.1.6
not remove, alter and/or obscure any trade marks, copyright and/or notices of proprietary rights and restrictions on or in the myHarvey App;
2.1.7
not use the myHarvey App for any activity that infringes Applicable laws and/or regulations including without limitation data protection and privacy laws and regulations;
2.1.8
not use the myHarvey App in a way that could damage, disable, overburden, impair or compromise our systems or security;
2.1.9
not incorporate and/or link the myHarvey App to any other services and/or products without our prior written consent; and
2.1.10
replace the current version of the myHarvey App with any updated or upgraded version or new release provided by us promptly on receipt of such version or release.
2.2
You acknowledge that:
2.2.1
the myHarvey App may not be free of bugs or errors and you agree that the existence of any bugs or errors shall not constitute a breach of these App Terms;
2.2.2
we cannot guarantee that the myHarvey App be continuously available online free of any faults, interruptions and/or errors and you acknowledge and agree that from time to time there may be disruptions to the provision of the myHarvey App in order to enable us and/or our licensors to carry out necessary maintenance work; and
2.2.3
we have the right to make modifications to the myHarvey App which are necessary to comply with Applicable laws and regulations and/or for any reason where the modifications do not materially affect the nature or quality of the myHarvey App.
2.3
You agree that you are responsible for your own conduct whilst using the myHarvey App and for any content that is stored within or processed via the myHarvey App and for any resulting consequences. You agree that you will only use the myHarvey App for purposes that are proper and in accordance with these App Terms. You undertake, amongst other things, not to transmit, upload, post to or make available via the myHarvey App any content or material that:
2.3.1
is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
2.3.2
facilitates illegal activity or causes damage or distress to any person;
2.3.3
depicts sexually explicit images;
2.3.4
promotes unlawful violence;
2.3.5
you are not legally permitted to hold or which infringes the rights of any third party including without limitation, rights of privacy, data protection rights and intellectual property rights; and/or
2.3.6
transmits any viruses, worms, defects, Trojan horses or other items of a destructive or harmful manner;
and we reserve the right, without liability or prejudice to our other rights to suspend your access to the myHarvey App for any breach of this clause 2 and/or remove any content uploaded into the myHarvey App.
3. Intellectual property rights
3.1
You acknowledge and agree that all copyright and other intellectual property rights in the myHarvey App including any trade marks, object code or source code are owned by us and/or our licensors and the rights in the myHarvey App are licensed to you and not sold. You have no intellectual property rights in, or to, the myHarvey App other than the right to use it in accordance with these App Terms.
3.2
If you become aware of any action or claim by a third party that the myHarvey App infringes the intellectual property rights or other rights of a third party (“Intellectual Property Claim”), you shall:
3.2.1
promptly notify us in writing of the action or claim;
3.2.2
make no admissions or settlements without our prior written consent;
3.2.3
co-operate fully with us; and
3.2.4
at our request give us or our licensors, complete control over the litigation and settlement of any action or claim and provide all information and assistance that we and/or our licensors might reasonably require.
3.3
If any Intellectual Property Claim is made or, in our reasonable opinion is likely to be made, against you, we may at our sole option and expense terminate these App Terms immediately by notice in writing to you.
3.4
For the avoidance of doubt, we will have no obligation regarding any Intellectual Property Claim based on use of the myHarvey App in breach of these App Terms and/or where an Intellectual Property Claim relates to content inputted into the myHarvey App by you.
3.5
In the event of any Intellectual Property Claim, we will be solely responsible for the investigation, defence, settlement and discharge of the Intellectual Property Claim.
4. Support
4.1
We may release changes, updates, or enhancements to the myHarvey App at any time. We may provide maintenance and support for the myHarvey App but we have no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that the Platform Provider has no obligation to provide you with any maintenance and support services with respect to the myHarvey App.
5. Warranties
5.1
We do not warrant that the use of the myHarvey App will be accurate, fit for purpose and/or of satisfactory quality or that defects will be corrected or that the myHarvey App will be uninterrupted or error-free.
5.2
We warrant that we have the right, power and authority to enter into these App Terms, to perform our obligations and to grant you the rights set out in these App Terms.
5.3
You warrant represent and warrant that:
5.3.1
you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
5.3.2
you are not listed on any U.S. Government list of prohibited or restricted parties; and
5.3.3
you will comply with any Applicable third party terms of agreement when using the myHarvey App including without limitation the Platform Terms.
6. Limitation of liability
6.1
We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise arising out or in connection with these App Terms and/or your use of the myHarvey App for any indirect, consequential or special loss; loss of revenue; loss business, contracts or opportunity; loss of profits; loss of reputation or goodwill; and/or loss or corruption of data; in all cases howsoever arising and whether foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise.
6.2
Our total liability, whether in contract, tort (including negligence), breach of statutory duty or otherwise under or in connection with these App Terms shall in no circumstances exceed £100.
6.3
We shall have no liability to you for any loss, damage, expense or other claims arising as a result of:
6.3.1
use of the myHarvey App in any manner inconsistent with these App Terms;
6.3.2
the input by you of any inaccurate, incomplete, illegible or incorrect information into the myHarvey App and/or any content processed by the myHarvey App;
6.3.3
any communications or network defects, delays or failures that you experience in trying to access and use the myHarvey App; and/or
6.3.4
your negligence and/or wilful misconduct.
6.4
The exclusions in Clauses 6.1 – 6.3 shall apply to the fullest extent permissible at law, but we do not exclude or limit liability for:
6.4.1
death or personal injury caused by our negligence;
6.4.2
fraud or fraudulent misrepresentation; and/or
6.4.3
any other liability which may not be excluded or limited by law.
7. Termination
7.1
We may immediately and at any time change, terminate, suspend, remove or disable your access or right to use the myHarvey App in all cases without any liability, if:
7.1.1
you commit a breach of these App Terms;
7.1.2
any third party (including without limitation the Platform Provider or a network connectivity provider) restricts, prevents or ceases to authorize the installation or use of the myHarvey App on your device or over you network.
7.2
Termination or suspension of your access to or use of the myHarvey App shall be without prejudice to any rights accrued by us prior to termination or suspension.
7.3
Upon termination of these App Terms for any reason:
7.3.1
all rights granted to you under these App Terms shall cease;
7.3.2
you must cease all activities authorised by these App Terms;
7.3.3
you must immediately delete or remove the myHarvey App from every device in your and your personnel’s possession.
8. Data protection
8.1
You agree that in entering into these App Terms, we may collect technical information regarding the device you use the myHarvey App on and/or use data that is captured by, stored within or otherwise processed by the myHarvey App in an anonymised format, in order to analyse data for insight, provide insight and analytics to you, improve our products and services and/or as otherwise notified by us to you from time to time.
8.2
You acknowledge and agree that we may collect information about your device each time you use the myHarvey App and we may collect information that is stored on your device together with location data. Any personal data collected by us will be used in accordance with our privacy policy which can be found at https://www.harveywatersofteners.co.uk/privacy-policy/
9. General
9.1
You may not transfer, assign, charge or otherwise dispose of these App Terms, or any of your rights or obligations arising under them, without our prior written consent.
9.2
You may not transfer, assign, charge or otherwise dispose of these App Terms, or any of your rights or obligations arising under them, without our prior written consent.
9.3
Nothing in these App Terms is intended to, or shall be deemed to establish any partnership or joint venture between the parties.
9.4
These App Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these App Terms, except that you acknowledge and agree that the Platform Provider will have the right to enforce these App Terms against you as a third party beneficiary.
9.5
Neither party shall be in breach of these App Terms nor liable for delay in performing, or failure to perform, any of its obligations under these App Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
10. Law and jurisdiction
10.1
These App Terms, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the exclusive jurisdiction of the English courts.
11. Contact
11.1
If you have any questions regarding these App Terms, you may contact us at sales@harvey.co.uk
Anti-slavery and human trafficking policy
Harvey Water Softeners Limited, and its associated companies, (“the Company”, “we”) operate to a set of values which reflect how we behave. With particular reference to the Modern Slavery Act 2015, we are committed to opposing modern slavery in all its forms and preventing it by whatever means we can. We demand this of all who work for us and expect it of all with whom we have business dealings. Our attitude to modern slavery is a zero tolerance approach.