SCHEDULE – TERMS OF USE

 

All intellectual property rights subsisting in the GARDEN ROOM VISUALISER are owned by Liniar Limited (Liniar). The GARDEN ROOM VISUALISER is made available on this website under licence from Liniar. All rights are reserved.

 

You are permitted to access and use the GARDEN ROOM VISUALISER for your own personal and private use for the purpose of designing and obtaining a cost estimate for a Liniar garden room. You shall not obtain any rights, including any intellectual property rights, in or to the design or any other output of the GARDEN ROOM VISUALISER. You are not permitted to access the GARDEN ROOM VISUALISER in order to design a product for purchase from a third party provider.

 

In order to obtain a quote and design a garden room, you may be asked to enter your email address. Garden Living Spaces Limited is the data controller of this personal data. Please refer to our privacy policy available here for information on how we use your personal data.

 

THE GARDEN ROOM VISUALISER IS PROVIDED “AS IS” WITH NO ASSURANCE THAT IT WILL BE ERROR FREE OR THAT YOUR USE WILL BE UNINTERRUPTED. USE IS AT YOUR SOLE RISK.

 

ANY PRICES DISPLAYED ARE ESTIMATES ONLY AND ARE NOT VALID OR BINDING UNLESS CONFIRMED BY GARDEN LIVING SPACES LIMITED IN WRITING. LINIAR AND GARDEN LIVING SPACES LIMITED SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INACCURATE PRICING.

 

SPECIFICATIONS, ILLUSTRATIONS, DRAWINGS, TECHNICAL DETAILS, PARTICULARS OF WEIGHTS, DIMENSIONS, CAPACITY, DESCRIPTIONS, ADVERTISING MATERIALS AND OTHER DETAILS PROVIDED IN THE GARDEN ROOM VISUALISER ARE PRODUCED FOR THE SOLE PURPOSE OF GIVING AN APPROXIMATE IDEA OF THE PRODUCTS REFERRED TO IN THEM. WHILST WE MAKE EVERY EFFORT TO ENSURE THE ACCURACY OF SUCH INFORMATION, NEITHER LINIAR NOR GARDEN LIVING SPACES LIMITED ACCEPTS ANY LIABILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS. WE RESERVE THE RIGHT TO MAKE CHANGES TO, AND TO DISCONTINUE ANY, PRODUCTS OR SERVICES AT ANY TIME WITHOUT NOTICE AT OUR SOLE DISCRETION. SUCH LITERATURE SHALL NOT FORM PART OF ANY CONTRACT NOR HAVE ANY OTHER CONTRACTUAL FORCE. THIS IS NOT A SALE BY SAMPLE. WE ADVISE CONFIRMING YOUR DESIGN WITH US PRIOR TO ORDERING TO ENSURE IT MEETS YOUR REQUIRED SPECIFICATION.

 

If you wish to place an order for a garden room, such order shall be an offer to purchase a garden room in accordance with Garden Living Spaces Limited’s standard terms.

 

SAVE TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED BY APPLICABLE LAWS, LINIAR AND ITS AFFILIATES AND LICENSORS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES HOWSOEVER ARISING IN CONNECTION WITH YOUR USE OF THE GARDEN ROOM VISUALISER.

 

You must not use the GARDEN ROOM VISUALISER:

·          for any illegal, harmful or abusive activity or in a way which breaches applicable laws;

·          to transmit, upload, disseminate or otherwise distribute any unlawful, illegal, harmful, threatening or otherwise objectionable material;

·          in a way which infringes or misappropriates intellectual property rights, rights of privacy or other third party rights;

·          to offer or advertise any products or services, other than Liniar garden rooms;

·          in a way which threatens the security or confidentiality of the GARDEN ROOM VISUALISER, Liniar’s business and/or this website; 

·          to store, distribute or transmit any viruses, bugs, malicious code, trojans, worms, locks, authorisation keys or similar software or programmes that impair or could impair the operation or use of the GARDEN ROOM VISUALISER or attack the GARDEN ROOM VISUALISER or Liniar’s or this website via a denial-of-service attack or a distributed denial-of-service attack;

·          to attempt to access without authority, interfere with, damage or disrupt any part of the GARDEN ROOM VISUALISER;

·          to commit fraud or fraudulent activity;

·          to attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the GARDEN ROOM VISUALISER or to copy, modify, translate, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any part of the GARDEN ROOM VISUALISER; and/or

·          to build a product or service which competes with the GARDEN ROOM VISUALISER;

We may suspend your access to the GARDEN ROOM VISUALISER at any time, including if you breach these Terms of Use.

 

If you do not agree to these Terms of Use, you are not permitted to use the GARDEN ROOM VISUALISER. Please contact us to discuss your options. These Terms of Use may be amended at any time. Please refer to the latest version each time you wish to access the GARDEN ROOM VISUALISER.

 

 

LINIAR LIMITED – DATA ADDENDUM

Liniar has agreed to license the use of its Garden Room Visualiser to you pursuant to the above T&Cs. To the extent that Liniar is required to process any personal data on your behalf in connection with the use of the Garden Room Visualiser, this Data Addendum shall apply to such data processing activities and shall form part of and be incorporated into the above T&Cs.

1.       Definitions and Interpretation

1.       Defined terms used in this Data Addendum shall have the meaning given in the T&Cs, unless otherwise defined in this Data Addendum:

1.       The terms personal data, controller, processor, process, data subject, personal data breach and data protection impact assessment shall each have the applicable meaning set out in the Data Protection Legislation.

2.       References to paragraphs and the Annex are to paragraphs of and the annex to this Data Addendum, unless stated otherwise. The Annex forms a part of this Data Addendum and the T&Cs.

3.       A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision.

4.       Any words following the terms including, include or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

3.       General

1.       The parties acknowledge and agree that you are the controller of the Personal Data. To the extent that Personal Data is input into the Garden Room Visualiser and hosted by Liniar, Liniar shall be a processor of such Personal Data.

2.       In addition to the Personal Data which Liniar processes on your behalf as a processor, Liniar may also process personal data (including Personal Data) in connection with the Garden Room Visualiser in Liniar's own capacity as a data controller (where Liniar will determine the purposes and means of the processing). The provisions of this Data Addendum shall not apply to such processing where Liniar is the data controller, but Liniar shall undertake such processing in accordance with Liniar's legal obligations to data subjects under the Data Protection Legislation.

3.       Each party agrees that it shall comply with its obligations under the Data Protection Legislation, together with the provisions of this Data Addendum and any applicable Data Protocol, in respect of all Personal Data processed pursuant to the T&Cs.

4.       In the event of any conflict between the provisions of this Data Addendum and the provisions of the T&Cs, the provisions of this Data Addendum shall take precedence.

4.       Your obligations

1.       As a data controller, it your responsibility to ensure that you are entitled to, and have a lawful basis to, process and to authorise Liniar to process the Personal Data in the manner and for the duration envisaged by this Data Addendum. You hereby consent to Liniar processing the Personal Data in the manner envisaged by this Data Addendum for the purposes of performing its obligations under the T&Cs. If at any time you have reason to believe that the processing of any Personal Data under this Data Addendum is in breach of Data Protection Legislation, you shall immediately notify Liniar, together with an explanation of the concern.

2.       Prior to sharing Personal Data with Liniar, you shall identify the lawful basis on which the parties can rely under Data Protection Legislation to process such Personal Data. Unless the lawful basis you wish to rely on is performance of a contract (or taking steps at the request of the data subject prior to entering into a contract) or the data subject's consent, you shall inform Liniar of the lawful basis for processing such Personal Data (prior to sharing such personal data with Liniar). If the lawful basis for processing changes, you shall notify Liniar as soon as practicable, but in any event no later than 14 days after such change occurs.

3.       You shall ensure at all times that your instructions to Liniar for the processing of Personal Data under this Data Addendum comply with Data Protection Legislation and that compliance with such instructions would not cause Liniar to breach any Data Protection Legislation.

4.       You are responsible for the provision of fair processing information to relevant data subjects and for obtaining any consents that may be required (in each case to the extent necessary in order to comply with Data Protection Legislation) from that data subject. You shall ensure that such fair processing notices are accurate and complete, and that any consents are sufficient in order for Liniar to lawfully process the Personal Data in the manner set out in this Data Addendum.

5.       If you require Liniar to transfer any Personal Data to a third party provider engaged by you, you shall be solely responsible for identifying and ensuring there is a lawful basis for such processing under the Data Protection Legislation and that such transfer complies with Data Protection Legislation. You acknowledge and agree that Liniar has no control over and shall have no liability in respect of how any personal data is processed by such third party provider engaged by you.

6.       If you have requested integration of any software with any third party applications, it shall be your sole responsibility to ensure such third party integration complies with Data Protection Legislation. Such third parties shall either be controllers or processors on your behalf and shall have no direct relationship with Liniar. Liniar shall not be responsible or liable for the way in which other controllers and/or your other processors process the Personal Data.

5.       Liniar's Responsibilities

1.       In respect of the Personal Data processed by Liniar as a processor on your behalf, Liniar shall: (a) only process Personal Data on your behalf where and to the extent necessary to perform its obligations under the T&Cs and comply with Liniar's obligations under applicable law in accordance with the terms of this Data Addendum, any additional applicable Data Protocol, and any additional reasonable instructions you may issue from time to time (provided that such instructions are within the scope of Liniar's obligations under this Data Addendum and the T&Cs), unless otherwise required by law, regulation, court of competent jurisdiction or any other governmental or regulatory body; (b) ensure that personnel who have access to and/or process the Personal Data are obliged to keep the Personal Data confidential; (c) not transfer the Personal Data outside of the combined area of the United Kingdom and the European Economic Area (the Combined Area) without complying with the provisions of the Data Protection Legislation in respect of such transfer, save that if you require Liniar to transfer any Personal Data outside the Combined Area pursuant to your instructions, it shall be your responsibility to ensure that any such transfer complies with the provisions of the Data Protection Legislation and to notify Liniar of any specific instructions or restrictions in respect of the same; (d) notify you if Liniar becomes aware of any Data Subject Request relating to the Personal Data; (e) upon your request, provide commercially reasonable assistance, at your cost, to respond to any Data Subject Request; (f) provide commercially reasonable assistance to you, at your cost, in ensuring compliance with your obligations under the Data Protection Legislation with respect to consultations with supervisory authorities or regulators or carrying out a data protection impact assessment, in each case in respect of Liniar's processing of Personal Data; (g) inform you without undue delay if Liniar becomes aware of the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or otherwise processed by Liniar on your behalf in connection with the T&Cs; (h) maintain records and information regarding Liniar's processing activities in respect of the Personal Data to demonstrate Liniar's compliance with this Data Addendum; and (i) allow for audits by you or your designated independent auditor of Liniar's procedures relevant to the processing of Personal Data, provided that in the case of any audit, you shall: (i) comply with any reasonable requirements or security restrictions that Liniar may impose to safeguard Liniar's systems, personal data Liniar holds on behalf of other customers and clients and Liniar's own confidential or commercially sensitive information; (ii) avoid unreasonable disruption to Liniar's business and operations; (iii) reimburse Liniar for any time expended by Liniar in respect of any such audit, at Liniar's then current professional services rates, which shall be made available to you upon request, which costs shall be reasonable, taking into account the resources expended by Liniar; and (iv) before the commencement of any audit, the parties shall mutually agree on the scope, timing, and duration of the audit.

6.       Security

1.       Liniar shall implement appropriate technical and organisational measures, taking into account the nature and purposes of the processing, for the protection  and security of the Personal Data and to protect against the unauthorised or unlawful processing of the Personal Data and against accidental loss or destruction of, or damage to, the Personal Data appropriate to the nature of the Personal Data to be protected (the Security Measures).

2.       You shall also implement your own appropriate technical and organisational measures, taking into account the nature and purposes of the processing, for the protection and security of the Personal Data and to protect against the unauthorised or unlawful processing of the Personal Data and against accidental loss or destruction of, or damage to, the Personal Data, appropriate to the nature of the personal data to be protected.

3.       Details of the Security Measures are available from Liniar upon request and you shall have the opportunity to review and assess the Security Measures in accordance with your own obligations as a controller under Data Protection Legislation. You shall ensure you are satisfied with the level of security offered by Liniar in respect of Liniar’s processing of Personal Data and that the same meet your requirements as a data controller of the Personal Data prior to licensing the Garden Room Visualiser.

4.       Liniar reserves the right to revise the Security Measures at any time, without notice, provided that such revisions will not materially reduce the overall security provided for the Personal Data that Liniar processes in the course of performing its obligations under the T&Cs.

5.       If you, acting reasonably, at any time consider that the Liniar Security Measures do not offer a sufficient level of security and protection for the processing of Personal Data, having regard to the nature and purpose of the processing, you shall immediately notify Liniar, together with such additional security measures which you require to be implemented to offer sufficient protection. Any such measures shall be implemented at your sole cost and expense. If it is not possible or reasonably practicable for Liniar to implement such additional security measures (having regard to Liniar's wider business) and/or if you do not agree to the additional costs associated with such security measures, either party may terminate the T&Cs immediately on written notice.

7.       Sub-Processors

1.       Liniar may appoint the processors set out in the Annex as sub-processors of the Personal Data under this Data Addendum. You acknowledge that such information is confidential.

2.       You hereby consent to Liniar appointing the processors set out in the Annex as processors of the Personal Data under this Data Addendum. Liniar shall have in place a written contract with such processors in respect of such processing of the Personal Data to the extent required under Data Protection Legislation.

3.       Liniar shall inform you of any intended changes or replacements to any such processors or any additional processors. Within a period of 30 days of the date of notification of such changes, you may object to any such changes on reasonable grounds, in which event either party shall have the right to terminate the T&Cs with immediate effect. If you have not objected to any such changes within a period of 30 days of the date of the notification of the changes, you shall be deemed to have accepted such changes.

8.       Liability

8.       Change of law

9.       Termination

10.   Severance

11.   Variation

12.   Governing Law and Jurisdiction

1.       This Data Addendum and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, its subject matter or formation shall be governed by and construed in accordance with English law.

2.       Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Data Addendum, its subject matter or formation (including non-contractual disputes or claims).

ANNEX – DATA PROTOCOL

o     Names and addresses

o     Contact details, primarily email addresses

o     IT hosting providers;

o     IT penetration testing and security providers;

o     Software as a service providers;

o     Support and technical assistance providers;

o     Other third party suppliers of systems required to operate the Garden Room Visualiser.