Website & App Terms and Conditions

Our website at https://www.howdens.com, including https://myaccount.howdens.com, https://careers.howdens.com and http://my-kitchen.howdens.com, (“Website”) and our mobile application the “Howdens Trade App” (“App”) are designed purely to provide information on Howden Joinery Limited.

Each time you access the Website or any page of the Website or our App you are deemed to have read, understood and agreed to be legally bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use our Website or our App.

The Website and the App are owned by Howden Joinery Limited. We are registered in England and Wales under company number 00526923 and have our registered office at 40 Portman Square, London, W1H 6LT, United Kingdom.

For the purpose of these terms and conditions "we", "us" and "our" refers to Howden Joinery Limited.

Version: 1.8

Last Updated: 21 January 2022

As well as these terms and conditions the following terms also apply to your use of this website:

1. the privacy policy at https://www.howdens.com/privacy-policy, which sets out the terms on which we process any Personal Data we collect from you, or that you provide to us. By using our Website and our App, you consent to this processing and you warrant that all data provided by you is accurate; and
2. the cookies policy at https://www.howdens.com/cookie-policy, which sets out information about the cookies on our site.

We may amend these terms and conditions at any time by updating them on our website. You should review these terms and conditions (including changes) each time you access our Website and our App.

These terms and conditions were last amended on the date set out above.

We do not guarantee that our Website and our App, or any content therein, will always be available or be uninterrupted. Access to our Website and our App is permitted on a temporary basis. You agree that we may, in our sole discretion, at any time and without notice, block or terminate your or any other person's access to all or part of the Website and/or our App. We may suspend, withdraw, discontinue or change all or any part of our Website and/or our App without notice. We will not be liable to you if for any reason our Website and/or our App is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Website and our App.

You are also responsible for ensuring that everyone who accesses our Website and/or our App through your internet connection and/or your device is aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.

Where we have given you (or you have chosen), a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to anyone else.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have not complied with any of the provisions of these terms and conditions.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by contacting: dataprotection@howdens.com.

The intellectual property rights in the Website and our App, and any material contained therein and any Howden Joinery Limited trade marks and brands included in that material belong to Howden Joinery Limited and/or its licensors and/or its suppliers. Those intellectual property rights are protected by laws and treaties around the world. All rights are reserved.

Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish, sell, or distribute the material on the Website or our App, or create any other material using material on the Website and/or our App, without obtaining our express prior written consent. Our status (and that of any identified contributors) as the author of content on our Website and our App must always be acknowledged.

Neither we nor anyone else, including any of our group companies and the officers, directors, employees, shareholders or agents of any of them, will be liable for any amount or kind of loss or damage that may result to you or anyone else in connection with:

• the Website and/or the App in any way; or
• the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites and/or our App.

In particular, we will not be liable for loss or damage due to viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect your computer equipment, mobile or other device, software, data or other property on account of your access to or use of or your downloading of any material from the Website or any websites linked to the Website and/or our App.
If you are a business user, please note that, in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

Nothing in these terms and conditions shall exclude or limit our liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any liability which cannot be excluded or limited under applicable law.

If your use of material on the Website and/or our App results in the need for servicing, repair or correction of equipment, software or data, you assume all related costs.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website and our App or any content on it, whether express or implied.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you. These will be set out in our trade terms and conditions of supply, which we will provide to you separately.

The Website may contain links to third party websites. These links are provided only for your convenience and their presence does not imply that we have reviewed or endorsed these third party websites or the content contained on them. We have no control over and are not responsible for the availability of, or the information, materials, products or services contained or accessible through, third party websites and we accept no liability howsoever arising in respect of any such websites. If you decide to use a third party website, you do so entirely at your own risk.

We do not guarantee that our Website and our App will be secure or free from bugs or viruses.

You are responsible for configuring your device, information technology, computer programmes and platform in order to access our Website and our App. You should use your own virus protection software and ensure any device has the most recent software update in place.

You must not misuse our Website and/or our App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website and/or our App, the server on which our Website and/or our App is stored or any server, computer or database connected to our Website and/or our App. You must not attack our Website and/or our App via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our App will cease immediately.

You may link to our https://www.howdens.com home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page as set out above.

We reserve the right to withdraw linking permission without notice.

You may not edit, modify or re-distribute any content from our Website, or use it for commercial purposes without first obtaining our permission. If you wish to make any use of content on our Website other than that set out above, please contact us at brand@howdens.com.

Our Website may include a gallery function, allowing those who have purchased a Howdens kitchen to have photographs of their kitchen featured on the Website, accompanied by a brief caption. Where we include this functionality, you may upload photographs of your Howdens kitchen directly to our Website. Alternatively, where you have posted a photograph of your Howdens kitchen on social media and tagged us, we may contact you to ask you for permission to post your photograph in our gallery. If you post a photograph to our Website directly, or you permit us to include your photograph in our gallery in response to our request, you agree to the following terms in consideration for the chance to have your photograph featured in our photo gallery and in other advertising, marketing and promotional materials:

• You hereby grant to us and our group companies (“Licensed Parties”) a non-exclusive, non-revocable, perpetual, sub-licensable, royalty-free right (without obligation) to use (and authorise suppliers and other third parties to use) your photograph, your name, your likeness (if applicable), your social media handle and any other personal information you provide (including in any caption) (“User Content”), in whole or in part, worldwide for any purpose whatsoever in connection with the promotion of the Howdens brand, products and services in any and all media, including (without limitation) on the Licensed Parties’ and any third party’s digital and social media (including websites and mobile apps), printed publications and/or promotional materials (“Permitted Purpose”);

• You agree that all or any part of the User Content may be cut, edited, altered, modified, added to, deleted from, combined with text, music, sound or other materials and/or used to create derivative works for the Permitted Purpose and you waive all rights to review, approve or receive notice of the use of the User Content or to receive further compensation in relation to its use;
  
  
• To the maximum extent permitted by law, and to the extent that any such rights have accrued to you in connection with the User Content, you hereby unconditionally and irrevocably waive all, and agree not to assert any, moral rights, performers’ rights and/or any other similar rights and all right of publicity and privacy in any country in the world in connection with the User Content. In particular, you agree that we shall be entitled but not obliged to credit you for the User Content and you confirm that your grant of rights in this section is not conditional on such credit being provided;
  
  
• You confirm that you are at least 18 years old, that you have full power and authority to grant us all rights granted in this section and that the User Content does not infringe the rights of any person or any applicable laws. In particular, you confirm that you are the owner of all rights in the User Content or that you have obtained all necessary licences, permissions, consents and other rights in the User Content from relevant third party rights owners to enable you to grant the rights herein. If your photograph features any identifiable person, you confirm that you have obtained the permission of that person (or their parent or legal guardian if a minor) to grant us the right to use the User Content;
  
  
• Where you post a photograph (with or without a caption) to our Website directly, you agree not to post any material that is, or may reasonably be considered to be, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or otherwise unlawful; and
  
  
• You agree not to upload viruses or other harmful or destructive files or data to our Website or to interrupt or prevent the operation of and/or access to our Website.

We reserve the right not to publish any User Content, or to remove User Content already published on our Website, for any reason including (without limitation) where in our opinion the User Content breaches these terms and conditions.

If you believe any material in our photo gallery infringes third party rights or is otherwise unlawful or in breach of these terms and conditions, please contact us immediately, providing your name and contact details and clearly identifying the material you wish to report. Please ensure you tell us when and where you saw the material and clearly explain the nature of your complaint. We will review your complaint and decide what action to take (if any) in our sole and absolute discretion, which may include the removal of the material from where it has been published or displayed. However, we are not obligated to take any action not required by law.

Our App may include functionality allowing you to utilise a QR code for check in and/or collection from depot, view product request lists and account information (account name and summary). You may receive notifications via the App to keep you informed about your request and/or collection.

You agree to only use the App on a mobile device and network that you own or control.

You may use and display the contents of the App on your mobile device, but solely for your own personal use or internal business purposes. Other than the aforementioned, you may not without our prior written consent:

• download or print any content of the App;
• copy, reproduce, use or otherwise deal with any content on the App;
• modify, distribute or re-post any content on the App for any purpose;
• use the content of the App for any commercial exploitation whatsoever;
• interfere with any other person’s use or enjoyment of the App or the internet;
• interfere or disrupt networks or web sites connected to the App;
• make, transmit or store electronic copies of materials protected by copyright;
• rent, lease lend, sell, redistribute or sublicense the App.

Our Website and our App are intended to be accessed and used by residents of the United Kingdom and the Isle of Man only. We make no promise that our Website and our App are appropriate or available for use in other locations. If you choose to access our Website or our App from other locations, you acknowledge that you do so at your own initiative and are responsible for compliance with local laws where they apply.

If you are a business user: the laws of England and Wales apply to these Terms and Conditions and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer user: the laws of England and Wales apply to these Terms and Conditions, although if you are resident in another part of the United Kingdom or the Isle of Man you will retain the benefit of any mandatory protections given to you by the laws of that jurisdiction. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales.This means that you can choose whether to bring a claim in the courts of England and Wales or, if you live in another part of the UK or the Isle of Man, in your local courts.

If any provision (or part of a provision) within these terms and conditions shall be deemed unlawful, void or for any other reason unenforceable then that provision (or part) shall be severable from these terms and conditions and shall not affect the validity and enforceability of the remaining provisions (or parts).

Any Personal Data that you provide when using the Website and/or our App will be used in accordance with our privacy policy.