Terms & Conditions for use for the EstimatorXpress Crystal Direct app

Note that Crystal Direct have their own terms and conditions of use which you must accept separately.

Terms of use

  1. General
    1. These terms and conditions shall apply when you click Send.
    2. Nothing in these terms and conditions is intended to create an agreement for us to sell goods or supply services offered by Crystal Direct. HBXL provide advertising and referral services to you. By clicking Send you are making a request for quotations on building materials for your job to Crystal Direct. This offer may be accepted or rejected by Crystal Direct and if accepted is done so on the terms and conditions of Crystal Direct.
    3. We may alter these terms and conditions from time to time and your continued use of the Crystal Direct quotation facility shall constitute acceptance of the amended terms and conditions.
    4. If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
    5. If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other that right or other rights on a later occasion.
    6. We may assign or transfer our rights under this agreement.
    7. Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
    8. Certain words and phrases are used within these terms and conditions and the meanings of these are explained below
      1. “you” and “your” means the person who wishes to use the Crystal Direct quotation facility.
      2. “we” “us” and “our” means HBXL, a trading name of House Builder XL Limited its employees and agents, its successors and includes any other person or business to whom we may transfer our rights under these terms and conditions.
      3. “Crystal Direct” means a national manufacturer and supplier of PVC-U products, a trading name of (2) Hickling Developments Limited.
    9. Your obligations
      1. It is your responsibility to ensure that all information you supply to us through our software is complete and accurate.
      2. If you fail to provide complete and accurate information this may lead to products or services quoted being invalidated.
      3. You warrant that you have taken all reasonable precautions to ensure that any data you submit to Crystal Direct is true and accurate and free from viruses and anything else which may have a detrimental effect
      4. Crystal Direct terms and conditions will govern any transaction between you and they.
    10. Licence to use Software
      1. We grant you a non-exclusive, revocable, non-transferable licence to use the software.
      2. You acknowledge and agree that when you access and collect information from third party sites through Crystal Direct and our software, you do so on your own behalf and that you have not appointed us to act as your agent. We purely provide access to such third party sites.
    11. UK residents only
      1. The products and services described are only available to residents of the United Kingdom.
    12. Our Obligations
      1. We will use reasonable endeavours to allow uninterrupted access to the Crystal Direct quotation facility via your software, but access to Crystal Direct quotation facility may be suspended, restricted or terminated at any time without liability to you.
      2. We reserve the right to change, modify, substitute, suspend or remove without notice to you any information or service on the Crystal Direct quotation facility from time to time.
    13. Intellectual property
      1. All information, data and copyright material and any trade marks (whether registered or unregistered), trade names, brands, logos and devices included in that material belongs to us or our licensors.
      2. The copyright and all other intellectual property rights in the material contained in the Crystal Direct quotation facility, together with the Crystal Direct quotation facility design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software belong to us or our licensors. All rights are reserved. None of this material may be reproduced or redistributed without our prior written permission.
      3. You grant us a world-wide, royalty-free, non-terminable licence to use, keep, share, save, collect, copy, distribute, publish and transmit data you submit via the Crystal Direct quotation facility.
    14. Responsibility for content
      1. We make no representations or warranties of any kind in respect of the Crystal Direct quotation facility, its contents or the products and services offered by Crystal Direct and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published via Crystal Direct.
      2. We make no warranty about the accuracy of the description, price, delivery price or times or otherwise relating to the products or services supplied via the Crystal Direct quotation facility and these are subject to change by Crystal Direct.
      3. We make no warranty that Crystal Direct or any linked Crystal Direct Website or email is free from viruses or other malicious computer problems which may have a harmful effect on technology.
      4. Nothing within the Crystal Direct quotation facility is, or shall be deemed to constitute advice or a recommendation to purchase any product or service. Any and all information provided via Crystal Direct is for general information purposes only.
      5. You can apply for and buy a number of products and services via Crystal Direct. Please be aware that the products and services are provided by third parties over whom we do not have control. We accept no liability for any products or services or information provided by third party providers.
      6. As you use the Crystal Direct quotation facility and their website there may be references to specific terms and conditions which apply to certain products or services. In such circumstances, it is your responsibility to refer to such terms and conditions applicable to those offers.
    15. Liability

YOUR ATTENTION IS IN PARTICULAR DRAWN TO THESE PROVISIONS FOR LIMITATIONS OF LIABILITY

  1. We are a provider of specialist software products and web based solutions for use by professionals and as such users should apply their professional skill and judgement in assessing outcomes from the application of the services we provide to a project and we accept no liability with regard to errors or omissions that would be reasonably foreseeable to such a user. None-professional users should seek professional advice.
  2. Notwithstanding any other provision of these terms and to the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of goodwill, loss of business information, pecuniary loss, special, incidental or consequential loss) arising out of the use of failure of or inability to use the Crystal Direct quotation facility, even if we have been advised of such damages. In any case, our and our supplier’s entire liability under any provision of this agreement shall be limited £1 million (being the extent of our insurance cover).
  3. Nothing in these terms shall limit our liability for death or personal injury caused by us or any of our employees’ or agents’ negligence.
  4. We give no warranty or service level commitment as regards technical support notwithstanding the generality of the above provisions.
  5. We are not responsible if the data, material and information supplied via Crystal Direct is inaccurate or if there are any errors or omissions in the data, material and information.
  6. We do not monitor, verify or endorse data, material and information submitted or provided by third parties. We are not responsible for any data, material or information supplied via Crystal Direct which has been provided by third parties.
  7. We assume no responsibility for the content or services of Crystal Direct.
  8. Advertisements
    1. The Crystal Direct quotation facility is delivered on behalf of a third party and we are not responsible for the content or the use of cookies.
  9. Payment
    1. Payment for products and services supplied via Crystal Direct should you accept their quotations may be made on the relevant Crystal Direct website or by any means agreed with Crystal Direct.
  10. Termination
    1. We have in our sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use the Crystal Direct quotation facility if you:
    2. Act inconsistently and in breach of these terms and conditions;
    3. At any time violate or attempt to violate any rights of any other user of Crystal Direct or third parties;
    4. Are engaged in any fraudulent activity;
    5. At our sole discretion.
  11. Data Protection
    1. We will use personal data held by us to provide our services for advertising and for marketing with our partner Crystal Direct and we may pass on your details to third parties in accordance with these terms. You hereby authorise us to share data with our service providers and for the above purposes.
  12. Jurisdiction and Enforceability
    1. English law will apply to this agreement and the parties agree to submit to the exclusive jurisdiction of the English courts.