PRIVACY STATEMENT

 

USE OF INFORMATION
We will not collect any information about individuals, except where it is specifically and knowingly provided by them. Examples of such information are:
Your name
Your email addresses
Your occupation

We may share non-personal aggregate statistics (group) data about our site visitors’ traffic patterns with partners or other parties. However, we do not sell or share any information about individual users.

USE OF COOKIES
Cookies may be used on this website in the following ways:

To enable the personalisation features on our website (which give you the ability to recall recently viewed pages and see information which you have input on line).

To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our website. We cannot identify you personally in this way.

During promotional campaigns to generate information for our own internal marketing purposes. No user information will be kept apart from user identification. This information will not be distributed, shared or sold.

TYPES OF COOKIES
Two types of cookies may be used on this website, session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site, and persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

By using and browsing our site you consent to cookies being used in accordance with the above description. If you do not so consent, you must modify the settings in your browser to disable cookies or refrain from using this site. Please note that you may not be able to use all the interactive features of our site if cookies are disabled.

YOUR RIGHTS
In addition to these safeguards, your personal data is protected in the UK by the Data Protection Act 1998. This provides amongst other things that the data we hold about you should be processed lawfully and fairly. It should be accurate, relevant and not excessive. The information should be kept up to date, where necessary, and not retained for longer than is necessary. It should be kept securely to prevent unauthorised access by other people.

POLICY CHANGE
Any changes to this policy will be posted here.

SECURITY
HOLMAN POWER LTD, (Group Of Companies) are bound by the Data Protection Act 1998 and will comply with its requirements. Any details you give will remain completely confidential.

COPYRIGHT NOTICE
The information and graphics published on this Website (“the Information”) do not constitute any contractual or other binding commitment on us or any member of our group, nor shall any such Information be construed as an offer or other invitation to purchase or sell goods or services. Any contractual or other binding commitment subsequently entered into regarding goods or services shall be subject to the standard terms and conditions of trading of HOLMAN POWER LTD or the relevant HOLMAN POWER LTD subsidiary, as the case may be, or such other terms and conditions as are agreed in writing. The Information could include technical inaccuracies or typographical errors. We have made reasonable efforts to ensure that the Information is accurate at the time of inclusion. However, like any printed material, the Information may be out of date at the time of access by the visitor. We shall not be liable for any error or omission in, or any failure to update, such Information and any decisions based on the Information are the sole responsibility of the visitor. We reserve the right to make changes to this Website at any time without notice.

No warranty or representation, express or implied, is given concerning the Information and we specifically disclaim any implied warranties or conditions as to title, description, satisfactory quality, fitness for purpose or non-infringement of third-party intellectual property rights. In the case of jurisdictions which restrict the scope of limitation clauses, this limitation shall be applied to the fullest extent permitted by local law. Neither we, nor any member of our HOLMAN POWER LTD, (Group Of Companies, accept any liability, either directly or indirectly, for consequential loss arising from any use of this Website, including, without limitation, any loss of profits, business interruption, loss of programmes or other data on information handling systems, or otherwise.

Certain links on this Website lead to other Websites of members of the HOLMAN POWER LTD, (Group Of Companies). We accept no liability, either directly or indirectly, for the information contained on such other Websites.

Any comments or materials sent to us through this Website shall be deemed to be non-confidential. We have no obligation with respect to such comments or materials and shall be free to reproduce, use or distribute such comments or materials without limitation.

Furthermore, we shall have free use of any ideas, concepts, know-how or techniques contained in such comments or materials.

All Information, including any hypertext links are copyright and the property of HOLMAN POWER LTD, (Group Of Companies). You agree that any copies of the Information or Website pages which the visitor shall make shall retain all copyright and other proprietary notices contained herein.

The Information is intended for visitors who are able to view the Information without causing a contravention of any national or local legal or regulatory requirements.

The trade mark and logos of HOLMAN POWER LTD, (Group Of Companies) which appear on this Website are registered.

Notice:
The purpose of this document is to tell you about our information policy.

The Data Protection Act 1998 (“the Act”) places obligations on users of personal information (referred to in the Act as “personal data”) and lays down principles for its use. You are, in terms of the Act, entitled to know in advance how we intend to use any personal information which we ask you to provide to us so that you can then make an informed choice whether you want to give it to us.

Business Customers When we receive an application from a company, we may perform a search with a credit reference agency on its individual company directors and other officers.

Email and other contact details If you email us, or give us your email address, postal address or contact telephone number(s) we will keep a record of them.  We may use them to contact you about other products and services which may interest you, unless you ask us not to do so.

How will we use your personal information?  We will use your personal information for the following principal purposes:

  1. to carry out credit references prior to opening an account for you;
  2. to manage your account with us and generally keep our records up to date and to administer our relationship with you;
  3. to provide you with our services and equipment in the way that you request; and
  4. to comply with any laws or any regulations or other rules to which we are subject and with which we are obliged to comply.
  5. We may also pass your personal information to other companies or people in the following circumstances:
  6. To members of our group of companies who may be able to provide products or services to you which may be of interest to you and, also to enable them to keep their records up to date in the course, of administering your relationship with them. As a result, members of our group of companies may contact you from time to time by letter, telephone, email or otherwise to inform you about or promote other products and services that may interest you.
  7. To our agents or sub-contractors. In the event that, we do so, we will only provide them with personal information to the extent that is strictly necessary and appropriate so that they can assist us in providing the particular service you have asked us to provide for you or otherwise for the purposes of managing or administering our relationship with you.

Other than in the above circumstances, unless you have given us your express consent, we will not provide information about you to any other persons.  We always endeavour to ensure that your personal information is kept safe and secure.  We will not sell information about you to third parties.

Under the Act you have the right of access to information we hold about you on our records.  The Act allows us to charge a fee of £25 for this service.  Please contact the Office of the Information Commissioner for more details on these rights.  If any information we hold about you is inaccurate or incorrect, please let us know and we will correct it.

Acceptance of the Terms of Use

Welcome to the website of HOLMAN POWER LTD and Group of Companies., its subsidiaries and affiliates (“Company”, “we” or “us”). These Website Terms of Use constitute a legal agreement between HOLMAN POWER and “you,” (and similar terms such as “your”) meaning: (i) you in your individual capacity, (ii) any company or other legal entity on whose behalf, or for whose benefit, you are accessing this Website; and (iii) any person or entity who may have rights through you. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of this Website owned and controlled by HOLMAN POWER  with a homepage at www.holmanpower.com as well as subordinate and affiliated pages and any page from which you navigated to this Policy, as well as all content, functionality and services offered on or through such Website (collectively, the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website. 

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet this requirement, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Without limiting the foregoing, HOLMAN POWER may at any time, with or without prior notice: 

  • Change, add, remove, or revise portions of the terms and conditions of these Terms of Use.
  • Change or discontinue the Website, in whole or in part, including eliminating or discontinuing any content on or feature of the Website. 
  • Change any prices or fees appearing on or associated with the Website or for any products or services offered for sale or otherwise available on the Website. 
  • Refuse or cancel any order, at our sole discretion, for any reason.
  • Terminate or restrict any account or user for any reason, at our sole discretion.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page, so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Great Britain and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website only to the extent reasonably necessary for you to conduct business or consider conducting business with the Company, and not for other unrelated purposes (for example, not for the purpose of competing with the Company). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print, download, copy or forward a reasonable number of pages of the Website related to your own business dealings with the Company and/or for the purpose of letting others know about our offerings.  

Unless you have express, written permission from the Company, you must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics or use such items separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you breach these Terms of Use, or print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, the Company will discontinue your right to use the Website and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term HOLMAN POWER, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Great Britain or other countries). 
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter.” “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Monitoring, Enforcement and Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Website. 
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, and/or to comply with any court order requesting or directing us to disclose the identity or other information of anyone using this Website in a violation of these Terms of Use or any law or regulation. Copyright Infringement – DMCA Notice.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the Great Britain copyright law. If you believe in good faith that materials hosted by HOLMAN POWER and appearing on the Internet, such as on this Website, infringe your copyright rights, you or your agent may send HOLMAN POWER written notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorised to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon HOLMAN POWER actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send HOLMAN POWER a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see https://www.gov.uk/copyright for details.

If you believe that any other person using this Website has violated any terms in this Agreement, please notify us immediately, specifically identifying the conduct or materials at issue. You may contact us by emailing us at sales@holmanpower.com or writing to HOLMAN POWER LTD, Greenhill House, Thorpe Road, Thorpe Wood, Peterborough, Cambridgeshire, PE3 6RU, England, Great Britain.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its content.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Employment-Related Features of the Website

Certain sections of the Website may post information regarding work opportunities with the Company and may permit you to inquire about or apply for such positions. The following disclosures apply to employment-related information on and uses of the Website:

  • EEO Commitment. The Company is an equal opportunity employer. Qualified applicants will receive consideration for employment without regard to race, colour, age, gender, religion, national origin, genetic information, protected veterans status, sex, sexual orientation, gender identity, disability status or any other status protected under Great Britain, British Law, state or local laws.
  • E-Verify. As a contractor, HOLMAN POWER participates in the government E-Verify program to electronically verify the employment eligibility of all new hires and all existing employees working under government contracts. We may use and disclose information submitted by you during our participation in the E-Verify program.  

Additional information regarding our collection, use and sharing of information is contained in the Company’s Privacy Policy

Online Purchases and Other Terms and Conditions

All purchases through our Website or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by our Terms of Sale related thereto, a copy of which is attached to or referenced in our sales documents.

If you purchase an item through this Website, you may be asked by HOLMAN POWER or an applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide HOLMAN POWER or such third party with information that is truthful, accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. HOLMAN POWER is not responsible for any errors in shipping information provided by you or for a non-secure ship-to location. You are responsible for all activity and charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes. Any pricing of items is subject to change without notice, and any order is not deemed accepted by us until we ship or deliver the product(s) to you.  We may correct at any time, including after shipment, pricing, or similar errors, including but not limited to typos or outdated pricing.  

We reserve the right, without prior notification, to change the descriptions, images, listings of, links and references to products and/or services on the Website (collectively, “Product Offerings”), or to limit the order quantity on any product or service and/or refuse service to you.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. 

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our sole discretion. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and you are subject to the terms and conditions of use for such websites.

Geographic Restrictions

This website is intended for use and viewing in the Great Britain and Rest of the world. The owner of the Website is based in Peterborough, Cambridgeshire in Great Britain. We make no claims that the Website or any of its content is accessible or appropriate outside of Great Britain. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the Great Britain or Canada, you do so on your own initiative and are responsible for compliance with local laws. 

British Government Users

You agree and acknowledge that the Website, content, and information owned by HOLMAN POWER as expressed herein (“HOLMAN POWER Property”) are commercial items developed at private expense and not under any Great Britain, British Government contract. U.K, Great Britain. Government’s rights relating to the HOLMAN POWER Property are limited to those rights as set forth herein and are binding on U.K Government users in accordance with Government Acquisition Regulation as applicable.

Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a Great Britain Government embargo, or that has been designated by the U.K Government as a “terrorist supporting” country; and (ii) you are not listed on any Great Britain Government list of prohibited or restricted parties. 

Third Party Terms of Agreement

You agree to comply with applicable third-party terms of agreement when using the Website, e.g., you must not be in violation of your Internet service provider or applicable telecommunications agreement when using the Website.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

EXCEPT AS EXPLICITLY STATED IN YOUR APPLICABLE PRODUCT WARRANTY CONTAINED IN YOUR SALES DOCUMENTS, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, THE “HOLMAN POWER-RELATED ENTITIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE.  TO THE EXTENT ANY LIMITATION OR EXCLUSION IS FOUND TO BE INVALID OR UNENFORCEABLE AT LAW, HOLMAN POWER’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO HOLMAN POWER FOR THE PRODUCTS OR SERVICES PROVIDED BY HOLMAN POWER. THE INVALIDITY OR UNENFORCEABILITY OF THE LIMITATION OF REMEDY CLAUSE SHALL NOT IMPACT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER DISCLAIMER, EXCLUSION OR LIMITATION CONTAINED IN THE TERMS OF USE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Security

While we take reasonable measures to protect the confidentiality of your information, no one can give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. By submitting information to HOLMAN POWER, you agree that you are aware of these risks. If you do not wish to submit your information electronically, please do not do so, however in such case you may not be able to make use of the full functionality of the Website. You agree not to hold HOLMAN POWER responsible or liable for any consequences that may arise as the result of any illegal acts by third parties and/or actions not authorized by HOLMAN POWER, including but not limited to hacking or similar crimes.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including but not limited to your user contributions, any use of the Website, including its content, information, services and products other than as expressly authorised in these Terms of Use.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the U.K laws of the State of England without giving effect to any choice or conflict of law provision or rule or any other jurisdiction.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United Kingdom, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. In any action, proceeding or suit involving the Terms of Use between you and the Company, the Company shall be entitled to its reasonable legal expenses, including its attorney fees, if it prevails.

Limitation on Time to File Claims and Nature of Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.  

You agree that you will pursue any claim arising under or related to these Terms of Use and the Website only in your individual capacity, and not as part of any class action or collective action.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition; any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use, Privacy Policy, and Terms of Sale applicable to your purchase constitute the sole and entire agreement between you and HOLMAN POWER with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. 

Your Comments and Concerns

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