Avail Terms of Use

1. Terms of App Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our app (referred to throughout this document as "our App"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our App. By using our App, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our App.

2. Information about us

Our App is operated by STARK Building Materials UK Limited ("We"). We are registered in England and Wales under company number 3291592 and we have our registered office at Binley Business Park, Merchant House, Harry Weston Road, Coventry CV3 2TT. Our VAT number is 394 1212 63.

3. Right to Use our App

If you do not agree to the terms of use please do not download our App, and if you have already started the download please end the download process by deleting the App. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that may be controlled, but not owned, by you to download a copy of our App onto your device. You may be charged by your service providers for internet access on your device. You accept responsibility in accordance with these terms of use for the use of our App, any service on our App and in relation to any device which is used to access our App, whether or not the mobile telephone or handheld device is owned by you. We license use of our App to you on the basis of these terms of use and subject to any rules or policies applied by any appstore provider or operator from whose site you downloaded our App. We will not be selling our App to you and we remain the owners of our App at all times. Our app is available to handheld mobile devices running Apple iOS - most up to date and 3 versions down, and Android OS including: Marshmallow, Nougat, Lollipop, KitKat, Jelly Bean. We and our subcontractors do not accept any responsibility whatsoever for unavailability of our App, or any difficulty or inability to download or access content or any other communication system failure which may result in our App being unavailable. In order to use our App, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications which are defined above in relation to the Apple IOS and Android OS. The version of our App software may be upgraded from time to time to add support for new functions and services. From time to time updates to our App may be issued through the relevant appstore. Depending on the update, you may not be able to use our App until you have downloaded the latest version of our App and accepted any new terms.

4. Accessing our App version

You must be at least 18 years of age to access and use our App. Access to our App is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide via our App without notice (see below). We will not be liable if for any reason our App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our App, or our entire App, to users who have registered with us. If you are provided with, a user identification code, 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 third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. When using our App, you must comply with the provisions of our content policy. You are responsible for making all arrangements necessary for you to have access to our App. You are also responsible for ensuring that all persons who access our App through your device are aware of these terms, and that they comply with them.

5. Registering for an account

Access to our App is free but all users must have obtained registration details from Jewson Partnership Solutions through the AVAIL web application. Users can only create one account. You must not impersonate any other person or entity or use a false name or a name that you are not authorised to use.

6. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our App, and in the material published on it. Those works are protected by, amongst other things, copyright and trade mark laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our App for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our App in breach of these terms of use, your right to use our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7. Indemnity

You agree to indemnify us and hold us harmless from all liabilities, claims and expenses that arise out of any content you submit, post or transmit via our App or from your use/ misuse of our App or the use/misuse by any person for whom you are responsible or have given access/authorisation to use the App or from your violation of these terms of use.

8. Reliance on Information

Posted Commentary and other materials posted on our App are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our App, or by anyone who may be informed of any of its contents.

9. Our App changes regularly

We aim to update our App regularly, and may change the content at any time. If the need arises, we may suspend access to our App, or cease to make it available indefinitely. Any of the material on our App may be out of date at any given time, and we are under no obligation to update such material.

10. Our Liability

The material displayed on our App is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other STARK companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our App or in connection with the use, inability to use, or results of the use of our App, any websites linked to it and any materials posted on it;
Any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; o loss of goodwill;
- wasted management or office time; and
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

11. Information about You and Your Visits to our App

We process information about you in accordance with our privacy statement.

We process information about you in accordance with our Employee Data Privacy Notice.

By using our App you warrant that all data provided by you is accurate.

12. Uploading Material to Our App

Whenever you make use of a feature that allows you to upload material to our App, or to make contact with other users of our App, you must comply with the content standards set out in our Content Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any material you upload to our App will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our App. We have the right to remove any material or posting you make on our App if, in our opinion, such material does not comply with the content standards set out in our Content Policy.

13. Viruses, Hacking and Other Offences

You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App. You must not attack our App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately. 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 our App or to your downloading of any material posted on it, or on any website linked to it.

14. Termination

We reserve the right, in our absolute discretion, to terminate your access to all or part of our App without notice. Upon such termination or suspension, you will be denied access to any information or files you have stored on our App.

15. Links from Our App

Where our app contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents 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.

16. Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our App although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.

17. Trade Marks

18. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our App. If you do not agree to any changes we have made to the App, you must stop using our App immediately.

19. Your Concerns

If you have any concerns about material which appears on our App, please contact publicsector@saint-gobain.com or visit the STARK website for more information. Thank you for using our App.

20. Changes to Terms of Use Policy

We may revise this Terms of Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Terms of Use Policy may also be superseded by provisions or notices published elsewhere on our site.