APP Plumbing & Heating – Website and Secure Portal Usage Conditions 2024

These Usage Conditions are an agreement ("Agreement") between you and APP Plumbing & Heating about your use of this website and its secure Portal (hereafter called Portal). The information contained in or available through this website and Portal should be read in conjunction with our Privacy Policy, Cookie Policy and Website Terms and Conditions of Trade when using or purchasing items from the website or Portal. If you disagree with these Conditions, please do not use this website or Portal and do not make use of our digital services. By remaining on the website and/or accessing the Portal to make use of our services you are deemed to accept these Usage Conditions in full. Our Usage Conditions, together with APP Plumbing & Heating’s Privacy Policy, Cookie Policy and Website Terms and Conditions of Trade are periodically updated. Please check all these documents regularly for any changes.

1. Definitions

1.1 “www.appheatingdistribution.co.uk”, “APP Plumbing & Heating”, “Us”, “Our” and “We” all refer to this website, or the owner of it, which is A P P Wholesale Ltd, with company number 06552800, a private limited company, registered in England and Wales with its registered office address at Unit 1 Radford Industrial Estate, Goodhall Street, London NW10 6UA. APP Plumbing & Heating is a trading name and registered trademark of A P P Wholesale Ltd.
1.2 “You” refers to you the visitor and/or customer.
1.3 “Website” means this website at www.appheatingdistribution.co.uk
1.4 “Portal” means a secure entry point for customers with a credit account to interact with APP Plumbing & Heating and access pricing information, place orders, check shipments, confirm payments and invoices.

2. Access to the website and the separate Portal

2.1 You can access most parts of APP Plumbing & Heating’s website without having to register any details with us.
2.2 Use of the Portal requires preregistration and only authorised organisations and individuals are permitted to access, please see 2.4 for more details.
2.3 It is for you to make the proper arrangements for you to access APP Plumbing & Heating’s website and the separate Portal. You are responsible for ensuring that all individuals accessing the website or Portal via your Internet connection are aware of these Usage Conditions and agree to comply with them.
2.3 APP Plumbing & Heating’s website and/or Portal is intended for independent plumbers’ merchants who are supplying the trade and public through a trade counter. The content available on our website and the Portal may also not be suitable or accessible from other countries. We may restrict the availability of APP Plumbing & Heating’s website and Portal or our services or goods to any person or country at any time without prior notice. If you access APP Plumbing & Heating’s website and/or Portal from outside the United Kingdom, you do so at your own risk.
2.4 The APP Plumbing & Heating Portal can only be accessed using a preregistered Company user name and separate password. It is your responsibility to list the employees who you wish to have access to the Portal. In providing access to the Portal, APP Plumbing & Heating requires the registered company to safeguard the Portal. You must only allow authorised employees to have access and to prevent unauthorised individuals including former employees using the Portal;
2.4.1 The pre-registered company (APP Plumbing & Heating’s merchant) is responsible for managing its own password security of the Portal and preventing the unauthorised access and/or ordering of products and services by those it has shared (whether deliberately or inadvertently) its access details with. Any liability arising from unauthorised access will exclusively rest with the registered company. Please see Section 8 for further details.
2.4.2 For the avoidance of doubt, the management of which employees gain access to the Portal is the sole responsibility of the registered company to police and manage. APP Plumbing & Heating accepts no responsibility for the control of your staff and you will be required to pay for any goods or services they order (whether you authorised it or not), as a result of their access to the Portal.

3. Intellectual Property

3.1 Any free resources available on APP Plumbing & Heating’s website and Portal is for trade use only, but not for distribution (including sharing or making available for use by others by any means, whether free of charge or for payment) or resale. You agree that you will not resell or otherwise attempt to commercially benefit from the actual website content. For full clarity Clause 3.1 does not apply to goods you have purchased via APP Plumbing & Heating’s website and/or Portal.
3.2 All intellectual property (including without limitation copyright) on the website and Portal plus their content including text, graphics, button icons, images and software, is the property of APP Plumbing & Heating and is protected by UK, European and worldwide copyright laws. The content and software on the website and Portal may be used as an informational and/or shopping resource.
3.3 Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content is strictly prohibited. All graphics, logos and trade names are trademarks of APP Plumbing & Heating. APP Plumbing & Heating trademarks may not be used in connection with any product or service that is not affiliated with APP Plumbing & Heating or in any manner that is likely to cause confusion among customers, or in any way that disparages or discredits APP Plumbing & Heating.
3.4 If you breach any clauses within 3.1 – 3.3 your right to use the website and/or Portal including their content is automatically revoked and you must delete any copies of the content you have saved from the APP Plumbing & Heating website and/or Portal.

4. Terms of use

4.1 We do not guarantee that the APP Plumbing & Heating website and/or Portal is free from bugs or viruses or protected at all times against hacking. You are responsible for setting up your computer to access our website and/or Portal using appropriate firewall and virus protection software.
4.2 APP Plumbing & Heating takes all reasonable steps to ensure that the website and/or Portal is available 24/7. However, all digital services do encounter downtime due to server and other technical issues. No liability will be accepted for the website or Portal not being available. Access to the APP Plumbing & Heating website and Portal is permitted at our discretion. We reserve the right to suspend, withdraw, discontinue or change all or any part of the APP Plumbing & Heating website or Portal without notice.
4.3 The website and Portal may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible APP Plumbing & Heating will try to give visitors advance warning of maintenance issues, but shall not be obliged to do so.

5. Visitor conduct

5.1 With the exception of personal data, the use of which is covered within the APP Plumbing & Heating privacy policy, any material you post to the website or on the Portal shall be considered non-proprietary and not confidential. Unless you advise us to the contrary, APP Plumbing & Heating will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
5.2 When using the website or Portal, you must not attempt unauthorised access to the APP Plumbing & Heating website and/or Portal back office, the servers that host our services or databases connected to our sites, and you will not post or send to or from the website or Portal any material:
- 5.2.1 for which you have not obtained all necessary permissions.
- 5.2.2 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the laws of England and Wales; or
- 5.2.3 which is harmful in nature, including, and without limitation, denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data.
5.3 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. APP Plumbing & Heating will report any such breach to the relevant law enforcement authorities and we will co-operate with them by disclosing your identity. In the event of such a breach, your right to use our digital hosted services will also cease immediately.
5.4 APP Plumbing & Heating will fully co-operate with the Police and any other law enforcement authorities or court order, requiring us to disclose the identity or other details of any person posting material to the website or Portal in breach of Paragraph 5.2.
5.5 If a third party alleges that content posted by you on the APP Plumbing & Heating website or Portal is in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third party.
5.6 APP Plumbing & Heating reserves the right to remove any posting you make on our website or Portal for any reason and without notice, but particularly if your post does not comply with these terms of use.

6. Credit Account

6.1 Users wishing to submit personal information to establish a credit account must be over 18 years of age. If we discover that you are under 18 your details will be deleted.

7. Links to and from other websites

7.1 Any links to third-party websites located on the APP Plumbing & Heating website or Portal are provided for your convenience only. We have not reviewed these websites and have no responsibility for their content. We do not endorse third party websites or make any representations about them. If you choose to access a third-party website hyperlinked to the APP Plumbing & Heating website and/or Portal, it is at your own risk. APP Plumbing & Heating will not be liable for any loss or damage that may arise from your use of them.
7.2 APP Plumbing & Heating does not permit the linking of its Portal. However, if you would like to link to the APP Plumbing & Heating website, you may only do so on the basis that you link to, but do not replicate, any page on the website, and subject to the following conditions:
- 7.2.1 you do not in any way imply that APP Plumbing & Heating is endorsing any services or products unless this has been specifically agreed to by us in writing;
- 7.2.2 you do not misrepresent your relationship with APP Plumbing & Heating or present any false information about us;
- 7.2.3 you do not link from a website that is not owned by you; and
- 7.2.4 your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws of England and Wales.
7.3 If you decide to link to the APP Plumbing & Heating website and this is in breach of Paragraph 7.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

8. Disclaimer and exclusion of liability - please read carefully

8.1 The APP Plumbing & Heating website is made available free of charge. Access to the Portal is password protected and only offered by invitation. Whilst APP Plumbing & Heating takes all reasonable steps to ensure that the information provided on the website and Portal is correct, we cannot guarantee the correctness or completeness of material on the website and/or Portal or the absence of inaccuracies, omissions or typographical errors. APP Plumbing & Heating may make changes to the material shown at any time and without notice, including corrections. While we strive to ensure the information is correct, some material on the website may be outdated or incorrect, and we are under no obligation to update it.
8.2 The material on the APP Plumbing & Heating website and/or Portal is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of the website and/or Portal on the basis that we exclude all representations, warranties and conditions which but for these Usage Conditions may have effect in relation to this website.
8.3 All information and services are provided "as is" without warranty or condition of any kind. APP Plumbing & Heating disclaims all warranties and conditions with regard to the information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
8.4 Any information on the website or Portal in many cases will be an abbreviated and a simplified summary for trade use only, and is not a substitute for taking specific advice on your own situation from an appropriately qualified specialist.
8.5 You use the APP Plumbing & Heating website and/or Portal at your own risk - neither we, nor our agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the website or Portal (whether under these Usage Conditions or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
8.6 Neither we nor any other party (whether or not involved in producing, maintaining or delivering the APP Plumbing & Heating website and/or Portal) shall be liable or responsible for any kind of loss or damage that may result to you or a third-party as a result of your or their use of these services. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with the APP Plumbing & Heating website and/or Portal.
8.7 APP Plumbing & Heating will have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) relating to:
- 8.7.1 use of, or inability to use, the APP Plumbing & Heating website and/or Portal; or
- 8.7.2 use of, or reliance on, the contents of the website and/or Portal.
8.8 We will not be liable to you for:
- 8.8.1 lost profit or turnover;
- 8.8.2 interruption or disruption of your business;
- 8.8.3 your failure to make anticipated savings;
- 8.8.4 lost business opportunities or damage to your goodwill or reputation; or
- 8.8.5 indirect or consequential losses.
8.9 If you are a consumer, you agree not to use the APP Plumbing & Heating website or Portal for any commercial or business purposes, and we shall have no liability to you for anything mentioned in Paragraphs 8.8.1 to 8.8.5.
8.10 APP Plumbing & Heating will have no liability to you for any losses caused by distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software and data from your use of our website or Portal, or your downloading of any content on them, or on any website linked to them.
8.11 Nothing in these Usage Conditions shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.

9. Miscellaneous

9.1 If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the above disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
9.2 Unless otherwise specified, these Usage Conditions constitute the entire Agreement between you and APP Plumbing & Heating with respect to the use of the website and/or Portal, which supersede all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the use of these services.
9.3 We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, postings on the Website and/or Portal, or other reasonable means now known or developed in the future.

10. Governing jurisdiction

10.1 These Usage Conditions shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.

11. Contact details

11.1 If you wish to contact APP Plumbing & Heating, please email us using sales@appheatingdistribution.co.uk, or write to Head Office, A P P Wholesale Ltd, Unit 1 Radford Industrial Estate, Goodhall Street, London NW10 6UA or telephone 02392 751306.