This document sets out the revised terms and conditions of the Scheme having effect from February 2016
Baxi Heating UK Limited (Baxi) is a company registered in England and Wales with registered number 03879156 whose registered office is at Brooks House, Coventry Road, Warwick, CV34 4LL.
The Scheme is operated by Baxi under which Baxi Works points may be collected on the purchase and registration of qualifying Baxi Heating UK products. These may be exchanged for specified reward goods and services.
"Account" your account with the Scheme, detailing points collected and points redeemed
"Baxi" Baxi Heating UK Limited;
"Building Regulations" means compliance with Part J and Part L of the applicable regulations;
"Baxi Works points" points awarded under the Scheme on registration of a qualifying barcode;
"Business Support Items" means the items bought with points as offered on the website and which are subject to change from time to time;
"Membership Agreement" your agreement with Baxi for membership of the Scheme which incorporates these terms and conditions;
"Rewards Partner” any company whom Baxi may appoint from time to time as a supplier of Scheme Rewards in connection with the Scheme;
"Points" points awarded to you by Baxi under the Scheme
"Promotional Barcode" the promotional barcode which is supplied with a Qualifying Baxi Product;
"Qualifying Products" those Baxi products for which Scheme Points will be awarded, as determined by Baxi from time to time under Clause 5.1;
"Redemption Value" the redemption value of Scheme Points when used to purchase Scheme Rewards as determined by Baxi from time to time under Clause 7;
"Rewards" the goods and services which may be purchased using Points as determined by Baxi under Clause 7.1;
"You" or “Your” the sole trader, partnership or company who has applied to join and who has been accepted by Baxi into the Scheme.
All processes and methods relating to the Scheme, including becoming a member of the Scheme, claiming Points, ordering Rewards, updating your Account and communicating with Baxi are performed through the Scheme website and Baxi will not be obliged to use or accept any other method of transaction or communication with you (including post or telephone) unless otherwise stated in these terms and conditions.
4.1 Membership of the Scheme is open to businesses and/or individuals who supply and install heating products manufactured by Baxi and whose principal place of business is situated in the UK and Channel Islands. Businesses and/or individuals (professional heating engineers) must be Gas Safe registered. Baxi may in its sole discretion waive the requirement for a Gas Safe Registration Number if applicants have a legitimate reason for not having one and can prove that appliances have been installed in accordance with Building Regulations by a competent person.
4.2 Membership is only open to businesses. It is not open to consumers, namely natural persons acting for purposes outside their business. By becoming a member you represent to Baxi that you are acting for purposes within your business.
4.3 Membership of the Scheme is not open to anyone who receives contract support from Baxi (either directly from Baxi or indirectly via a merchant/distributor).
4.4 Membership of the Scheme is at the sole discretion of Baxi, and Baxi shall not be obliged to accept any applications for membership of the Scheme.
4.5 Membership of the Scheme is not available to persons under the age of 18 and the Rewards may not be redeemed by persons under the age of 18. You are responsible for ensuring that this age limit is strictly adhered to.
4.6 Claims for Baxi Works points can only be made for Qualifying Baxi Products purchased solely for business use by the Scheme Member or a representative of the business who is making the claim.
4.7 When you apply to become a member of the Scheme you agree that your application and membership of the Scheme shall be governed by these terms and conditions.
4.8 You must ensure that all information you provide to Baxi is accurate, and you must keep your contact and other details up-to-date, using the forms provided on the Scheme website. If you remove details which Baxi needs to administer your membership, Baxi may require you to supply alternative details or may terminate your Membership Agreement.
Baxi may from time to time require you to reconfirm your details by visiting the Scheme Web Site and actively confirming through the Scheme website that the details are correct. If you fail to do so within 14 days of a request, Baxi may in its sole discretion terminate your membership of the Scheme immediately by notice to you which may result in loss of any points accrued to date.
4.9 Your membership of the Scheme and the benefit of your Points are personal to you, and you may not assign or transfer your Membership Agreement or such benefit to any other person, or create a charge over or declare a trust over your Membership Agreement or such benefit. However, with the prior written consent of Baxi, which will not be unreasonably withheld, you may transfer your membership and the benefit of your Points to a purchaser of the parent company of your business.
4.10 You are responsible for management of all user names and passwords provided in connection with the Scheme, and Baxi shall not be responsible for any misuse of such usernames and passwords, or any fraud committed using such usernames and passwords.
4.11 The number of Baxi products that you have registered over the previous year will define whether you are a Member, Associate or Baxi Approved Installer the scheme (as defined in the Scheme website). To become a Baxi Approved Installer, you will also be required to complete a Baxi Approved Installer Agreement. You will automatically be promoted to the appropriate level when you have met the relevant criteria. The number annual registrations required at each level will be published on the Scheme website. After promotion, you will remain at that level for at least one year and will only be demoted if the number of products over the last rolling year is less than the qualifying amount or if you have not met the Baxi Approved Installer criteria.
4.12 We recommend that you choose a strong password for your Account, consisting of a combination of upper and lowercase letters and numbers. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account
5.1 You will be awarded Baxi Works points for each Qualifying Baxi Product which you purchase and register on Baxi Works. Baxi may determine and change from time to time without prior notice to you the Baxi products that qualify for Points. Products valid for Baxi Works points will be displayed on the scheme site.
5.2 The number of Baxi Works points awarded for a qualifying Baxi product will be stated on the Scheme Web Site. Baxi may determine and change from time to time without notice to you how many Points will be awarded for a Qualifying Baxi Product.
5.3 You may claim Baxi Works points for up 90 todays after you have purchased and registered a qualifying Baxi Product. The procedure for claiming Baxi Works points is through the Scheme Web Site, and requires the Promotional Barcode. If a valid Promotional Barcode has been supplied by you, the Baxi Works points will be allocated automatically to your Scheme Account when you have completed the product registration (this includes supplying details to register the warranty).
Baxi also reserves the right to request from time to time proof of purchase (such as a copy invoice) to validate your claim as a condition of issuing Baxi Works points.
5.4 Where a qualifying Baxi product purchased by you has already been discounted in some other way, or is subject to some other promotion, rebate or reward scheme, or you have received or are entitled to receive any discount, rebate, gift or other reward in respect of such qualifying Baxi Product, then it will not attract Baxi Works points. Baxi Works points can also be deducted in the event that this applies.
6.1 Baxi Works points will be valid for 24 months from and including the day those Baxi Works points are credited to your Account by. If you do not use your Baxi Works points to purchase Rewards product on Baxi Works within that period, those Baxi Works points will cease to be valid.
6.2 Baxi Works points balances transferred from the old Works scheme on to the new Works scheme in February 2016 will be valid for 12 months from and including the day the new Baxi Works website went live.
6.3 Your accumulated Baxi Works points balance may be checked at any time through the website, and you will be given up to the minute availability when you submit an order for a Reward on Baxi Works.
6.4 Baxi Works points may only be used to purchase Rewards, and may not be exchanged for cash. Baxi Works points cannot be used to finance pre-arranged or external direct purchases.
6.5 Baxi Works points will be awarded when a valid promotional barcode label is claimed on the website. The promotional barcode contains 17 digits unique to the product. Serial numbers shorter than this are not valid.
6.6 Baxi may introduce additional levels of membership in accordance with any changes to its own terms and conditions.
7.1 The Rewards available at any point are listed on the Scheme website.
Baxi may determine and change the nature and quantity of Rewards which are offered from time to time without prior notice to you. All Rewards are subject to availability, and you should not assume that any given Reward will be available or continue to be available in the future or at any stated Redemption Value.
7.2 All Rewards must be ordered directly from the rewards catalogue on the Baxi works scheme website. Unless specifically notified otherwise, all rewards supplied in return for Baxi Works points are provided solely by our rewards partners. Our reward partners make no warrant in respect to any reward. You must exchange defective products or goods by following the supplier-designated procedures.
7.3 Rewards can be claimed by redeeming Baxi Works points only. In order to claim a reward you must have a sufficient points balance to cover the points referenced on the reward catalogue.
7.4 The Redemption Value(s) for all or any given Reward(s) will be specified on the Scheme website.
7.5 Baxi may set and change the Redemption Value(s) for your Baxi Works points and for any given Reward(s) from time to time at its sole discretion without prior notice to you. You should not assume that any stated Redemption Value(s) will remain the same. However, no variation to any Redemption Value(s) will affect any orders for Rewards which have been submitted by you prior to the time the variation is made.
7.6 Subject to condition 14.1 below, to the fullest extent permitted by law baxi shall have no liability to you (whether in contract or tort, or under statute, or for breach of contract, negligence, breach of statutory duty, or otherwise howsoever) with respect to the scheme rewards, including with respect to safety, quality, fitness for purpose, compliance with description or otherwise, or with respect to any delay in delivery, non delivery or other breach by the reward partners of any contract to supply you a scheme reward, and all such liability is hereby excluded to the fullest extent permitted by law. for the avoidance of doubt, all warranties, terms and conditions implied by statute, common law, custom or otherwise as to the safety, condition or quality of the scheme rewards, or the fitness for purpose of the scheme rewards, or correspondence of the scheme rewards with any sample or description, are hereby excluded.
7.7 Where you are entitled to any refund with respect to any Reward, except the event you receive a full or partial refund in any other form such refund may be in the form of a re-credit of some or all of the Baxi Works points used by you to purchase such Reward.
8.1 The Business Support Items available at any point are listed on the Scheme website. Baxi may determine and change the nature and quantity of Business Support Items which are offered from time to time without prior notice to you. All Business Support Items are subject to availability, and you should not assume that any given Business Support Items will be available or continue to be available in the future or at any stated Redemption Value.
8.2 The Redemption Value(s) for all or any given Business Support Items will be specified on the Scheme website.
8.3 Baxi may set and change the Redemption Value(s) for any given Business Support Items from time to time at its sole discretion without prior notice to you. You should not assume that any stated Redemption Value(s) will remain the same. However, no variation to any Redemption Value(s) will affect any orders for Business Support Items which have been submitted by you and accepted by Baxi prior to the time the variation is made.
8.4 Baxi does not warrant that lead-generating measures will generate leads or subsequent business.
8.5 Where Business Support Items are personalised, the member is responsible for ensuring details (as signed off) are accurate and Baxi will not be responsible for any errors as a result of incorrect information supplied.
8.6 No refund is available on Business Support Items.
8.7 Where separate terms and conditions apply to certain Business Support Items, these will be available on the website.
9.1 Priority phone line. If you ring Baxi Customer Support, on the dedicated Works priority line and select option 1 for ‘service’ we promise to answer your call within 30 seconds. If all our agents are busy, you can leave a message on the Works answer phone and we will ring you back within half an hour. If you select option 2 for 'technical', you’ll jump straight to the front of the queue for the top tier of technical support. The Works priority phone line is only available to you, the Works member, not the homeowner.
9.2 Next day call out from Baxi Customer Support. For members and associates we guarantee next day call out (dependant on time and date of call, see below) for breakdowns of registered boilers or cylinders for appliances off* within warranty
* 'appliance off' means a boiler that is not producing heating or hot water, or leaks gas or water.
9.3 Same day call out from Baxi Customer Support. For Baxi Approved Installers, we offer same day call out (dependant on time and date of call, see below) for breakdowns of registered boilers or cylinders for appliances off* within warranty
* 'appliance off' means a boiler that is not producing heating or hot water, or leaks gas or water.
9.4 Baxi reserves the right to withdraw the Baxi Customer Support priority service call out and priority technical helpline if you are not participating in the Works scheme (registering at least 1 boiler a year).
9.5 The same day call out operates on a best endeavour basis. For example, in periods of high demand, such as adverse weather conditions
9.6 For Scotland, the same and next day call out only applies to the following postcode regions EH, FK, ML, KY, G (except G60/63/81--‐84), KA (except KA27/28/29 KA31--‐KA99). The above SLA is not applicable to any postcodes outside of these regions due to their rural locations.
10.1 You will apply for manufacturer's warranty by completing the online registration form on the website.
10.2 To complete the form you will need the serial number of the boiler(s).
10.3 Manufacturer's warranty registrations and extended warranty registrations are carried out in accordance with Baxi Customer Support terms and conditions, which are available on the website.
10.4 The information held by Baxi Customer Support takes precedence over what it says in a member's account.
11.1 Purchasing an extended warranty will be deemed as acceptance of the terms and conditions.
11.2 Only one additional extended warranty may be bought per appliance. The warranty must be purchased for a specific appliance within 60 days of the installation date.
11.3 Call Baxi Customer Support on 0344 335 8818 to make payment between 8am and 5pm Monday to Friday.
11.4 You can make payment by credit or debit card only (excluding American Express and Diner's Club) Baxi Customer Support will ask for your details and the installation details to process the boiler(s) extended warranty.
11.5 Once payment is confirmed, Baxi Customer Support will issue you with a receipt and certificate for the homeowner.
11.6 The addressee you selected when registering the boiler on works will receive the standard warranty confirmation for the 2 years as usual. To avoid confusion, you can select to be the addressee and pass on the relevant paper work when it arrives.
11.7 You will receive additional confirmation about the extended warranty once payment has been made.
12.1 When you register your appliance with Baxi, you will have the option of letting Baxi register the appliance with Gas Safe who will notify the Local Authority. Baxi will issue a confirmation letter and the notification certificate to the address you have specified during the process.
13.1 Data provided for Warranty Registration will be used in accordance with Baxi's terms and conditions of business, a copy of which is available on the website.
13.2 Data provided for Gas Work Notification will be used in accordance with Baxi's terms and conditions of business, a copy of which is available on the website.
13.4 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under and Our obligations under that Act.
13.5 We may use your personal information to:
13.6 We will not pass on your personal information to any third parties [without first obtaining your express permission to do so].
14.1 By joining the Baxi Works Programme you agree to allow BAXI and its partners to communicate with you via your chosen method with suitable offers, which may contain opportunities to earn and redeem. Baxi will always use this communication method responsibly. If you would prefer not to receive such offers you can contact us via works scheme website. Alternatively you are given the opportunity in every electronic communication received to opt-out of receiving any further communication.
15.1 nothing in these conditions shall limit or exclude either parties liability for:
15.2 baxi excludes and shall not have liability to you (whether in contract, tort, or under statute, or for breach of contract, negligence, breach of statutory duty, or otherwise and howsoever arising) for any of the following types of loss or any losses resulting therefrom:
15.2.1 any special, indirect or consequential loss;
15.2.2 any loss of profit, use, expectation, anticipated savings, data, production, business, revenue, contract or goodwill;
15.2.3 any costs or expenses, liability, commitment, contract or expenditure incurred in reliance on or in the expectation of the scheme rewards being provided in accordance with the scheme; or
15.2.4 losses suffered by third parties or your liability to any third party.
15.3 all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
Baxi shall not be in breach of your Membership Agreement where BAXI fails to perform or delays in performing any obligations which it has to you under your Membership Agreement or in relation to the Schedule due to any event or circumstance beyond its reasonable control.
If you have claimed Baxi Works points unlawfully or in breach of your Membership Agreement, then in addition to any other rights and remedies of Baxi:
17.1 If you have been supplied with any Reward, paid for using any such Baxi Works points , you will be liable to pay to Baxi on demand an amount equal to the value of such Reward less any cash payment you made in respect of such Reward.
17.2 Baxi's Rewards Partners shall be entitled to cancel any undelivered orders for Rewards you have made.
17.3 Baxi shall be entitled to forfeit all of your Baxi Works points, including validly claimed Baxi Works points.
17.4 Baxi shall be entitled to refuse to award further Baxi Works points.
17.5 Baxi shall cancel your membership.
18.1 You may at any time by notice to Baxi terminate your membership of the Scheme. In such case, your membership will terminate at the end of the next day following receipt of your notice. Baxi may terminate your membership of the Scheme at any time immediately by notice to you.
18.2 Baxi may close the Scheme at any time by at least one week's notice on the web site which shall effect a termination of your Membership Agreement at the point of closure.
18.3 We may terminate your membership of the Scheme immediately by notice to you if you:
18.3.1 commit an irremediable material breach of your Membership Agreement;
18.3.2 commit any breach of these terms (however minor, and whether or not remediable) and you commit a similar breach again after notice from Baxi;
18.3.3 commit any remediable breach of these terms and conditions (however minor) and do not remedy that breach in a reasonable period after notice from Baxi.
18.4 On closure of this Scheme or termination of your membership of the Scheme, your Membership Agreement will terminate and all your Baxi Works points will automatically cease to be valid and be forfeit.
Baxi may unilaterally vary the Scheme and all or any of the terms of the Scheme, including these terms and conditions, and any other terms of your Membership Agreement in any way and at any time immediately by notice posted on the Scheme Web Site, or by notice sent by e-mail or post to you.
20.1 The Baxi Works points and Rewards may be subject to taxation. Any such tax liability is your sole responsibility and Baxi will not accept any responsibility for tax liabilities incurred as a result of any receipt by you of Baxi Works points or purchase by you of Rewards using Baxi Works points, or in respect of contract support or any other discounts, rewards or benefits received by you in return for the purchase of Baxi products.
20.2 No person other than you and Baxi shall have the right to enforce any term of your Membership Agreement, including these terms and conditions, and the Contracts (Rights of Third Parties) Act 1999 shall not apply. In any event the Membership Agreement and these terms and conditions may be varied without the consent of any third party.
20.3 Baxi may sub-contract its obligations in relation to the Scheme and its operation, and may appoint an agent to operate the Scheme on its behalf.
In particular, such information may be held by Baxi or its agents or sub-contractors for the purposes of operating the Scheme, and such information may be passed on to our rewards partners enable them to fulfil any agreement you make with them to purchase a Reward. You will be responsible for ensuring that all such individuals have consented to the use of their data in the manner envisaged above.
20.5 Baxi reserves the right to audit the boiler registration process from time to time, which may include requesting copy invoices relating to specific, recently registered boilers.
20.6 All notices and communications by you to Baxi concerning the Scheme, including complaints and questions, shall be sent by e-mail using the address stated on the Scheme Web Site, or using any web form submitted through the Scheme Web Site, or using any technical enquiry number provided from time to time on the Scheme website.
All notices and communications Baxi to you may be sent by e-mail using the address which you have provided Baxi in your registration with the Scheme. You will be responsible for keeping this e-mail address up to date.
20.7 In these terms and conditions a reference to a "person" includes a reference to a company or other body corporate, association, partnership or individual; a reference to the singular shall include the plural and vice versa; references to liability include liability in contract, negligence, tort and otherwise howsoever, other than for fraud; and a reference to any gender shall include every gender.
20.8 You agree that the Scheme and your Membership Agreement is governed by English Law, and that the English Courts shall have exclusive jurisdiction.
21.1 Baxi and its affiliates are not responsible for lost, interrupted or unavailable network service or other connections, miscommunications, computer or technical failure, or incorrect or inaccurate bidding information howsoever caused or other error of any kind whether human, mechanical or electronic.
22.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
22.2 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
1.1 The Baxi Works points and Rewards may be subject to taxation. Any such tax liability is your sole responsibility and Baxi will not accept any responsibility for tax liabilities incurred as a result of any receipt by you of Baxi Works points or purchase by you of Rewards using Baxi Works points, or in respect of contract support or any other discounts, rewards or benefits received by you in return for the purchase of Baxi products.
"Account" means an account required for a User to access certain areas of Our Forum, as detailed in Clause 4;
"Section" means a discussion section hosted on Our Forum;
"Post" means a post in a Forum on Our Forum (and includes any and all content in such posts including, but not limited to, text, images, video files, audio files and emoticons);
"Section" means a themed subset of Our Forum containing Posts regarding a specified topic or range of topics;
"System" means any online communications infrastructure that We make available through Our Forum either now or in the future. This may include, but is not limited to, contact forms, email, live chat, file hosting and forums;
"User" means a user of Our Forum; and
"We/Us/Our" means Baxi Heating UK Ltd, a company registered in England and Wales with registered number 03879156, whose registered office address is Brooks House, Coventry Road, Warwick, CV34 4LL
"Works Membership" the sole trader, partnership or company who has applied to join and who has been accepted by Baxi into the Works loyalty scheme
2.1 Access to Our Forum is free of charge. No part of Our Forum requires payment of any kind in order to access or use it. Our Forum requires an Account to log in and post. Accounts will be allocated by Baxi Heating UK Ltd as part of Works Membership.
2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Forum.
2.3 Access to Our Forum is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Forum (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Forum (or any part of it) is unavailable at any time and for any period.
2.4 If you close and delete your Account, any Posts you have made on Our Forum may be deleted or anonymised by changing your username and associated details.
3.1 Subject to the licence granted to Us under sub-Clause 4.4, Users retain the ownership of copyright and other intellectual property rights subsisting in Posts made by them (unless any content in those posts is owned by a third party who has given their express permission for that content to be used in a Post under these Terms and Conditions). All other content included on Our Forum (including all user-facing material, and all underlying content such as code, software and databases) and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All content is protected by applicable United Kingdom and international intellectual property laws and treaties.
3.2 For your own business use (including research and private study) only, you may:
3.2.1 Access, view and use Our Forum in a web browser (including any web browsing capability built into other types of software or app);
3.2.2 Download Our Forum (or any part of it) for temporary caching;
3.2.3 Print pages from Our Forum;
3.2.4 Download, copy, clip, print, or otherwise save extracts from pages on Our Forum;
3.2.5 Quote other Users’ Posts within the Sections on Our Forum;
3.2.6 Save pages from Our Forum for later and/or offline viewing.
3.3 You may not use any content downloaded, copied, clipped, printed or otherwise saved from Our Forum for commercial purposes other than those directly associated with the promotion, selection, installation and maintenance of Baxi Heating UK Ltd products and associated services.
3.4 You may not systematically copy content from Our Forum with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
3.5 Subject to sub-Clauses 3.2 and 3.7 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content or any other material from Our Forum unless given express written permission to do so.
3.6 Our status as the owner and author of the content on Our Forum (or that of identified licensors or Users, as appropriate) must always be acknowledged.
3.7 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
4.1 An Account is required if you wish to submit Posts to Our Forum(s).
4.2 If you wish to submit Posts to Our Forum(s), you agree that you will be solely responsible for those Posts. Specifically, you agree, represent and warrant that you have the right to submit the content of a Post and that your Post will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 5.
4.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 4.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
4.4 You (or your licensors, as appropriate) retain ownership of the content of your Posts and all intellectual property rights subsisting therein. By submitting a Post, you grant Us a non-exclusive, royalty-free, irrevocable, worldwide licence to reproduce, distribute, re-format, store, publicly display, and sub-licence your Post. Other Users may also quote, in whole or in part, your Posts within Our Forum and otherwise in accordance with the provisions of Clause 3.
4.5 If you wish to remove a Post, your original Post will be deleted however due to the functionality of Our Forum, any quotes of your Post will remain.
4.6 We may reject, reclassify, or remove any Posts submitted to Our Forum where the content of those Posts, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Post(s) in question should be removed as a result.
5.1 You may only use Our Forum (including, but not limited to, the Forum(s)) in a manner that is lawful and that complies with the provisions of this Clause 5.
5.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
5.1.2 You must not use Our Forum in any way, or for any purpose, that is unlawful or fraudulent;
5.1.3 You must not use Our Forum to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
5.1.4 You must not use Our Forum in any way, or for any purpose, that is intended to harm any person or persons in any way.
5.2 When submitting Posts (or communicating in any other way using Our Forum), you must not:
5.2.1 Post or communicate anything that is sexually explicit;
5.2.2 Post or communicate in a way that is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.2.3 Post or communicate anything that promotes or assists in any form of unlawful activity;
5.2.4 Post or communicate anything that discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
5.2.5 Do anything that is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.2.6 Do anything that is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
5.2.7 Misleadingly impersonate any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 4.2);
5.2.8 Imply any form of affiliation with Us where none exists;
5.2.9 Infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
5.2.10 Post or communicate in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.3 We reserve the right to suspend or terminate your Account and/or your access to Our Forum if you materially breach the provisions of this Clause 4 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
5.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Our Forum;
5.3.2 Remove any Post(s) submitted by you that violate(s) this Acceptable Usage Policy;
5.3.3 Issue you with a written warning;
5.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
5.3.5 Take further legal action against you as appropriate;
5.3.6 Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
5.3.7 Any other actions that We deem reasonably appropriate (and lawful).
5.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
Links to other sites may be included on Our Forum. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Forum is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7.1 Posts from other Works Forum members on Our Forum do not constitute advice on which you should rely. Our Forum is provided for general information purposes only.
7.2 We make no representation, warranty, or guarantee that Our Forum will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
7.3 We make reasonable efforts to ensure that Our content on Our Forum is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.
7.4 We are not responsible for the content or accuracy, or for any views expressed in any Posts submitted by Users. Any such views or content represent the views and values of the relevant User, and do not reflect Our views and values in any way.
8.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Forum or the use of or reliance upon any content (whether that content is provided by Us or whether it is in the form of Posts submitted by Users) included on Our Forum.
8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Forum or any content (including Posts) included on Our Forum.
8.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
8.4 We exercise all reasonable skill and care to ensure that Our Forum is free from viruses and other malware, however subject to sub-Clause 7.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Forum (including the downloading of any content (including any provided in Posts) from it) or any other site referred to on Our Forum.
8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Forum resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
8.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
9.1 We exercise all reasonable skill and care to ensure that Our Forum is secure and free from viruses and other malware.
9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Forum.
9.4 You must not attempt to gain unauthorised access to any part of Our Forum, the server on which Our Forum is stored, or any other server, computer, or database connected to Our Forum.
9.5 You must not attack Our Forum by means of a denial of service attack, a distributed denial of service attack, or by any other means.
9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Forum will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
Use of Our Forum is also governed by Our Cookie and Privacy Policies, available from the Baxi Works website www.baxiworks.co.uk. These policies are incorporated into these Terms and Conditions by this reference.