This website, http://www.sizeit.co.uk, ("the Website") and the web-based Size It software application and its Content available at the Website ("the Tool") are owned (or licensed to) and operated by Baxi Heating UK Limited, trading as Andrews Water Heaters, registered number 03879156, whose registered office is at Brooks House, Coventry Road, Warwick CV34 4LL ("Andrews").
1.1 The Tool has been designed for use by, and is intended by Andrews to be used by specifiers of water heaters to assist in the calculation of the correct water heater size, but is available for use by anyone.
1.2 The Tool is designed to enable self-assessment against a common competency framework for calculating water heater size. Use of the Tool, including the recommendations it generates, does not guarantee that you will select the correct sized water heater for an application. The Tool is designed to add to existing knowledge, skill and experience of the user and provide the help and support to contact professionals at Andrews that can help in the correct sizing of a water heater.
2.1 To access the Tool, you must self-register on the Website to obtain log-in details.
2.2 You are responsible for maintaining the confidentiality of your log-in details and will be fully responsible for all activities that occur under your log-in details.
3.1 You must not:
3.2 You must comply with all relevant laws and regulations relating to your use of the Website and Tool.
3.3 Although the Tool is designed to store data entered by users, it is your responsibility to make and store copies of any Content or reports you wish to retain for future reference.
3.4 It is your responsibility to ensure that you have the necessary compatible hardware and software and any other necessary facilities to access and use the Website and Tool.
3.5 You are responsible for having all necessary permissions in respect of any information or materials you submit on the Website or Tool.
4.1 The Website and Tool, their features and functionality, and all material and information contained on the Website and Tool prior to input by you of your information (the "Content") are protected by copyright, database rights, trade marks, domain names and other intellectual property rights ("Intellectual Property Rights") and either belong to Andrews or are licensed to Andrews. You may only use them as expressly permitted by these Terms.
4.2 You may print or download Content provided that:
6.1 Andrews provides the Website, Tool and reports that the Tool generates without charge on an "as is" basis. You acknowledge that the Tool is a tool that has not been designed or tailored for your specific use. Andrews does not warrant, represent or claim that your use of the Tool or its outputs are a substitute for your own knowledge, skill and experience. As such, it is your responsibility to be satisfied that the Website and Tool are suitable for your use.
6.2 While Andrews tries to ensure that the Website and Tool are functioning correctly, this may not always be achievable. Andrews will work with its third party service provider(s) to seek to resolve problems and to minimise any periods that the Website and Tool are unavailable, for example due to pre-planned or emergency maintenance or a suspected breach of security. However, Andrews does not guarantee that the Website, Tool and Content will be error free or that any errors in the Website and Tool or Content will be corrected.
6.3 Due to the nature of the internet, Andrews cannot guarantee that access to the Website and Tool will always be available or uninterrupted.
6.4 Andrews will use reasonable endeavours to ensure that Content provided by or on behalf of Andrews is accurate and, so far as reasonably practicable, up-to-date. However, Andrews does not warrant or represent that such Content is accurate, up-to-date or complete.
6.5 Andrews reserves the right at any time, without notice, to modify, remove or suspend the Website, Tool or any Content, including without limitation to comply with changes in the law or to add new features. In the case of modifications, Andrews will try as far as reasonably possible to ensure that any modifications do not reduce overall quality.
6.6 Andrews works with its third party service provider(s) to seek to ensure the security of the Website, Tool and Content. However, Andrews cannot guarantee the security of information you submit during its transmission across the internet where this is outside of Andrews' control.
6.7 Except as expressly set out in these Terms, Andrews excludes to the fullest extent permissible in law, all conditions and warranties, express or implied, statutory, customary or otherwise.
7.1 Except as provided in clause 8.2, Andrews will be under no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) and howsoever arising out of or in connection with the Website, Tool and/or Content, including but not limited to your use of them or their availability or non-availability, for any losses including the following:
7.2 Andrews does not exclude or limit its liability (if any) to you for personal injury or death resulting from Andrews' negligence, for fraud, for fraudulent misrepresentation or for any matter for which it would be illegal for Andrews to exclude or limit, or to attempt to exclude or limit, its liability.
8.1 Andrews may immediately and without notice suspend or terminate your access to the Tool at any time.
8.2 In the event that these Terms are terminated, for whatever reason, the rights granted to you shall immediately cease and you agree to and shall immediately cease using the Tool.
10.1 Andrews may revise and amend these Terms at any time in its sole discretion by updating the Terms and making them available for you to view on the Website. You will be bound by any changes to these Terms from the time you next access the Website or the Tool. If you do not agree with any changes to these Terms please do not continue to access the Website or the Tool.
10.2 These Terms are a contract between you and Andrews. It forms the entire agreement between us in relation to its subject matter and supersedes any prior written or oral agreements, representations or understandings between you and Andrews in relation to such subject matter, except that nothing in these Terms will exclude or limit any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.
10.3 Your rights under these Terms are not transferable to anyone else unless Andrews gives you prior written permission.
10.4 If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which shall remain in full force and effect.
10.5 Failure by either Andrews or the user to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
10.6 These Terms and all non-contractual matters arising in connection with it shall be governed by and construed in accordance with the laws of England and any disputes shall be subject to the exclusive jurisdiction of the English courts irrespective of the location from which you are accessing the Website.