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Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Site (the “Site”) and Herman Miller Limited, the owner of this Site.  By using the Site you agree to be bound by these Terms and Conditions (the “Terms”) therefore if you do not agree to be bound by the Terms you should stop using the Site immediately.

No part of this Site constitutes a contractual offer capable of acceptance.  The training contained herein is for information purposes and must not be relied upon as professional advice.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

“Account” means collectively the personal information and credentials used by Users to access the Content of this Site;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site;

“Herman Miller” means Herman Miller Limited of Methuen Park, Chippenham, Wiltshire SN14 0GF, registration number 1097772

“Service” means collectively any online facilities, tools, services or information that Herman Miller makes available through the Site either now or in the future;

“Services” means the services available to you through this Site, specifically on ergonomic guidance and/or advice ;

“System” means any online communications infrastructure that Herman Miller makes available through the Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“Site” means the website that you are currently using www.ergonomics hub.com.

2. Intellectual Property

2.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Herman Miller, our affiliates or other relevant third parties.  By continuing to use the Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Site unless otherwise indicated on the Site or unless given express written permission to do so by Herman Miller.

3. Third Party Intellectual Property

3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

3.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Site or unless given express written permission to do so by the relevant manufacturer or supplier.

4. Fair Use of Intellectual Property

Material from the Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

5. Links to Other Sites

This Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Herman Miller or that of our affiliates.  We assume no responsibility for the content of such Sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.

6. Use of Communications Facilities

6.1 When using the enquiry form or any other System on the Site you should do so in accordance with the following rules:

6.1.1 You must not use obscene or vulgar language;

6.1.2 You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

6.1.3 You must not submit Content that is intended to promote or incite violence;

6.1.4 It is advised that submissions are made using the English  language(s) as we may be unable to respond to enquiries submitted in any other languages;

6.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;

6.1.6 You must not impersonate other people, particularly employees and representatives of Herman Miller or our affiliates; and

6.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

6.2 You acknowledge that Herman Miller reserves the right to monitor any and all communications made to us or using our System.

7. Accounts

7.1 In order to access the ergonomic training facilities you are required to create an Account which will contain certain personal details. By continuing to use this Site you represent and warrant that:

7.1.1 all information you submit is accurate and truthful;

7.1.2 you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

7.2 It is recommended that you do not share your Account details, particularly your username and password.  Herman Miller accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

7.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact ergonomics_hub@hermanmiller.com immediately to suspend your Account.

7.4 When choosing your username you are required to adhere to the terms set out above in Clause 6.  Any failure to do so could result in the suspension and/or deletion of your Account.

7.5 Herman Miller will use your data for marketing purposes only and will not share you details with any third party.  If you do not wish to receive any communications from us then please let us know this by replying to your welcome email as instructed. 

8. Termination and Cancellation

8.1 Either Herman Miller or you may terminate your Account.  If Herman Miller terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

9. Services, Pricing and Availability

9.1 Whilst every effort has been made to ensure that all descriptions of Services available from Herman Miller correspond to the actual Services, Herman Miller is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.

10. Disclaimers

10.1 Herman Miller makes no warranty or representation that the Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

10.2 No part of this Site is intended to constitute advice and the Content of this Site should not be relied upon, the site is for guidance only. When making any decisions or taking any action of any kind in regards to the health & safety of individuals you must not rely on the content of this site.

10.3 No part of this Site is intended to constitute a contractual offer capable of acceptance.

11. Changes to the Service and these Terms and Conditions

Herman Miller reserves the right to change the Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Site following the changes.  If Herman Miller is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

12. Availability of the Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and/or faults.  To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Herman Miller accepts no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

13. Limitation of Liability

13.1 To the maximum extent permitted by law, Herman Miller accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein. Users should be aware that they use the Site and its Content at their own risk.

13.2 Nothing in these Terms and Conditions excludes or restricts Herman Miiller’s liability for death or personal injury resulting from any negligence or fraud on the part of Herman Miller.

14. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

15. Notices

All notices/communications shall be given to us either by post to our Premises (as listed on www.hermanmiller.co.uk) or by email to ergonomics_hub@hermanmiller.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

16. Law and Jurisdiction

These terms and conditions and the relationship between you and Herman Miller shall be governed by and construed in accordance with the Law of England and Wales and Herman Miller and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.