Welcome to PMG Garden Rooms (“We”, “Our”, or “Us”). These Terms of Service (the “Terms”, “TOS”, or “Agreement”) are a contract between Us and You (“You” or “Your”) and govern Your use of Our website and all the Services We offer. As such, please read these Terms carefully.
Your use of the main PMG Garden Rooms website (“Site”), toolbars, widgets, and applications, and Your use of any of Our Services are subject to and conditioned upon Your assent to and compliance with these Terms. Portions of the Services may be subject to other entity’s terms and conditions, and Your use of such entity’s services is subject to and conditioned upon Your acceptance of such additional terms and conditions.
By accessing the site and/or using the services, you confirm and acknowledge (1) that you have read this agreement, (2) that you understand its content, and (3) that you agree to be bound by all of the terms and conditions contained in this agreement. The agreement is between you and PMG Garden Rooms.
If You do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site or use any of the Services. Use of Our Site or Services is void where prohibited.
From time to time, PMG Garden Rooms may amend this Agreement, in its sole discretion, by posting updated versions at https://pmggardenrooms.com/terms/ or by notifying You by other means. All such modifications to the Agreement shall become effective upon the posting of the revised Agreement to https://pmggardenrooms.com/terms/ or by Your receipt of notification of a change to the Agreement. If You do not agree to the new or different terms, You should not use or access the Site, Sites, or the Services.
We manufacture bespoke Garden Rooms for Our customers. You may use the Services for Your personal use, commercial use or internal business use in the organisation that You represent, so long as You are in compliance with all provisions of this Agreement.
In connection with Your use of the Site or the Services, You may be made aware of services, products, offers and promotions provided by third parties. If You decide to use such third-party services, You are responsible for reviewing and understanding the terms and conditions governing such third-party services, and acknowledge that the third party is responsible for the performance of such services.
In providing the Services, We obtain and rely on certain information from third parties and third-party software and applications. We cannot guarantee the accuracy or completeness of such data.
It is Your obligation to ensure that You fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access Our Site or the Services does not necessarily mean that Your use thereto are legal under relevant laws, regulations and directives.
By submitting to Us Content for inclusion and/or display on Our Site or any other Services, and by consenting via check-box or similar affirmative authorisation for Us to display, use or permit third parties to access and use such Content, You hereby grant to PMG Garden Rooms a worldwide, non-exclusive, royalty-free, and transferable license (with right to sub-license) in its sole and absolute discretion, to use, reproduce, distribute and display as well as to grant or sell to third parties Your Content from time to time, now or anytime in the future, for any purpose including but not limited to sharing or promoting PMG Garden Rooms Content or a Service, selling the Content or representations thereof to third parties, publishing Your Content within the PMG Garden Rooms community or allowing PMG Garden Rooms to display the Content even if your use of a Service is not active or has been deleted. For the avoidance of doubt, You agree and understand that You automatically forfeit Your right to any intellectual property rights in this Content and thus shall not be entitled to any license fee or any other compensation for PMG Garden Rooms or any third party’s use of this Content.
By using the Services, You agree to pay all associated fees.
PMG Garden Rooms reserves the right to establish the price for every Service We offer. We may change the price of any Service at any time, in Our sole discretion. We reserve the right to charge a price for a Service that was previous offered for free. If We decide to increase the price of Service for which You are subscribed, We will make every effort to communicate this pricing change to You via email. We do not need to notify You if We decide to raise the price of a Service for which You are not subscribed. You are responsible for paying all associated costs within 14 days of invoice.
PMG Garden Rooms reserves the right to cancel all associated services due to lack of payment, gross misconduct or damaging behaviours to our company or our associates.
The Site or Services may be immediately terminated, in the Our sole discretion, upon any violation of these Terms or if We are required to end pursuant to any applicable law.
You are and shall be fully responsible for the payment of any taxes that apply to Your use of the Site or the Services.
The Services, including without limitation payment processing, may be handled directly by Us or by online third parties. Where a third party handles a payment, the payment is subject to the terms of use and privacy policy of such third party (including among others payment methods, tax liability, collection and use of Your personal information, and support levels). We recommend that You review the terms of use and privacy policy of such third parties before submitting any personal information and using such third parties’ services.
You may access and use the Site and Services only for purposes as intended by the normal functionality of the Site and Services, and so long as You are in compliance with all provisions of this Agreement. In connection with Your use of the Site and the Services, You agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, Our policies or the operational or security mechanisms of the Services, and without limiting the foregoing, You may not:
We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content, other than Content provided by Us.
In addition to these Terms, Your use of the Site and the Services is also subject to Our Privacy Policy which informs You of Our policies and procedures regarding the collection, use and disclosure of information We receive when You visit Our Site and use any part of Our Services. By using or accessing the Site and the Services, You also consent to the collection and use of information as described in Our Privacy Policy, as may be amended by Us from time to time. Our Privacy Policy is hereby incorporated by reference into this Agreement, and Your consent to these Terms shall be deemed Your consent to Our Privacy Policy. Click here to view the full Privacy Policy.
You acknowledge that Our Site and the Services, including without limitation the Software, the trademarks, service marks and logos contained on the Site (“Marks”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Site and the Services, and all PMG Garden Rooms contained therein, are reserved by Us and Our licensors.
You acknowledge that PMG Garden Rooms Content and its partners Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to PMG Garden Rooms or its partners Content, the Site and the Services not expressly granted herein are reserved.
You are solely responsible for Your interaction with other users of the Services and other parties with whom You come in contact through Your and their use of Our Site or the Services. We reserve the right, but have no obligation, to monitor and/or manage disputes between You and other users of the Services. If You have a dispute with one or more users of the Site or the Services, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The Site may contain links and references to websites belonging to other entities. We may, from time to time, at Our sole discretion, add or remove links to other entity’s websites. These links are provided solely as a convenience to You, and access to any such websites is at Your own risk. We encourage You to be aware when You leave the Site, and to read the terms and conditions and privacy policy of each other entity’s website that You visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event shall PMG Garden Rooms Content be responsible for the information contained in such websites, their practices or for Your use of or inability to use such websites, or transmissions received from such websites. You expressly relieve Us from any and all liability arising from Your use of any third-party website.
Subject to the terms of this Agreement and so long as this Agreement is not terminated, We grant to You a nonexclusive, non-transferable, non-sublicensable right to display on Your website a link to the Site’s homepage, as long as Your use is not misleading, illegal or defamatory, or Your website is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to You. You may not use the logo in any way that suggests that We endorses or sponsors Your site, or that tarnishes, blurs or dilutes the quality of Our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of and goodwill associated with the logo shall inure to Our benefit.
The data related to Your visit of Our Site and use of Our Services as well as any feedback you may provide PMG Garden Rooms, including without limitation, images, words, ideas, knowledge, techniques, marketing plans, information, questions, answers, suggestions, emails comments, and the like shall be considered non-confidential nor of a proprietary nature. In providing this material, You authorise Us to use it and any images, developments or derivatives thereof, according to Our needs as determined in Our sole discretion, including for public relations and promotion of the Site and the Services in the online and offline media, and all without requirement of any additional permission from You or the payment of any compensation to You.
PMG Garden Rooms Content, the site and the services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Without limiting the above, (i) we make no warranty that the site, the services or the content will meet your requirements, or will be uninterrupted, continuous, timely, secure, accurate, correct, complete or available; (ii) we do not endorse or approve any content provided by any party other than us and disclaim all liability whatsoever thereto; and (iii) we do not warrant or make any representations regarding the use or the results of this site, the services or the content in terms of its correctness, completeness, results, availability, accuracy, reliability or otherwise.
To the fullest extent permitted by law, under no circumstances shall we be liable for any injury, death, act of god, accident, delay, direct or indirect, incidental, punitive, special, exemplary or consequential damages arising out of any (i) use or the inability (for any reason) to use any part of this Site or the Services (including without limitation inaccuracies or errors of information as a result of accessing this site or the services), (ii) action or inaction in connection with this agreement or for cost of procurement of substitute services, or (iii) statements or conduct of you or any third party on this site or your site or mobile website, including without limitation any submissions thereon; in each case, including but not limited to, damages for loss of profits, even if we have been advised of the possibility of such damages, whether based on contract, tort, negligence, strict liability or otherwise.
All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Our aggregate liability shall not exceed amount paid by You to Us pursuant to this Agreement.
You release, and agree, at your own expense, to indemnify, defend and hold harmless us, our officers, directors, employees, agents and affiliates, from all claims, liabilities, loss and damages (of every kind, whether known or unknown and suspected or unsuspected) related to in any way to: (i) your use of, access to or reliance on this Site, the Services or the Content, or (ii) your violation of any of the terms of this agreement or any applicable laws or regulations.
We will provide You with written notice of such a claim. You will not enter into any settlement or compromise of any such claim without Our prior written consent. We may assume the exclusive defence and control of any matter subject to indemnification by You. In all events, You shall cooperate fully in the defence of any claim.
You shall not use the services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. We have adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of PMG Garden Rooms users who infringe or are believed to be infringing the rights of copyright holders:
If You believe that any material contained on this Site infringes Your copyright, You should notify this Site’s Designated Agent listed below by mail or email with the following information:
Attn: PMG Garden Rooms
Address: 8 Langley Grove, Sandridge, St Albans AL4 9DU, UK
Email: [email protected]
Your notice to the Designated Agent should be in English and contain the following information:
(a) a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright interest that is allegedly infringed;
(b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed;
(c) a description of the exact name of the infringing work and the location of the infringing work on the Services;
(d) information sufficient to permit Us to contact You, such as Your physical address, telephone number and e-mail address;
(e) a statement by You that You have a good faith belief that the use of the material identified in the manner complained of is not authorised by the copyright owner, its agent, or the law;
(f) a statement by You that the information in the notification is accurate and, under penalty of perjury that You are authorised to act on the copyright owner’s behalf.
The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, We reserve the right at any time and in Our sole discretion, to remove content which in Our sole judgment appears to infringe the intellectual property rights of another person.
This Agreement will be governed by laws of England & Wales without regard to its choice of law or conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue in the courts in England & Wales, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted here-under, may not be transferred or assigned by You, but may be assigned by Us without restriction. You agree that no, franchise or agency relationship exists between You and Us as a result of the use of the Site or the Services. This Agreement comprises the entire agreement between You and Us, states Our and Our suppliers’ entire liability and Your exclusive remedy with respect to the Site and Services, and supersedes all prior agreements pertaining to the subject matter thereof. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against Us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
If You have any questions about these Terms, please contact us Re: Terms via email at [email protected].
Last Modified: 3rd April 2023