Legal
Terms of Use:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THIS AGREEMENT GOVERNS YOUR USE OF THE HOLLAND & BARNES.COM WEBSITE. BY USING THE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE EXIT THE WEBSITE. HOLLAND & BARNES.COM MAY REVISE AND UPDATE THESE TERMS AND CONDITIONS AT ANY TIME. YOUR CONTINUED USE OF THE HOLLAND & BARNES.COM SITE WILL MEAN YOU ACCEPT THOSE CHANGES.
1. User Agreement
This Agreement constitutes your agreement with HOLLAND & BARNES.COM (“HOLLAND & BARNES.COM”) with respect to your use of the HOLLAND & BARNES.COM website and its content (the “Website”). As used in this Agreement, “we” and “us” means HOLLAND & BARNES.COM or any successor or assign of HOLLAND & BARNES.COM. Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent.
2. Adult
By using the Website, you represent, warrant and covenant that you have reached the age of majority in your jurisdiction of residence.
3. Right to Use
The Website may be accessed and used only by individuals who have accepted and agreed to this Agreement, reached the age of majority in their jurisdiction of residence, and can form legally binding contracts under applicable law. Certain portions of the Website may be accessed and used only by individuals who have been issued a password by HOLLAND & BARNES.COM. HOLLAND & BARNES.COM may in its absolute discretion refuse permission to access and use the Website. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited.
Your right to use the Website is subject to any limitations, conditions and restrictions established by HOLLAND & BARNES.COM from time to time, in our sole discretion. HOLLAND & BARNES.COM may alter, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or content. HOLLAND & BARNES.COM may also impose limits on certain features and aspects of the Website or restrict your access to parts or the entire Website without notice or liability.
4. Other Agreements
This Agreement is in addition to and supplements any written agreements (including without limitation all software licenses or services agreements) that you or any persons you represent have with HOLLAND & BARNES.COM (now or in the future) concerning your dealings with HOLLAND & BARNES.COM, including software and services provided by HOLLAND & BARNES.COM. This Agreement and all other agreements that you or any persons you represent have with HOLLAND & BARNES.COM (now or in the future) together constitute the entire agreement regarding your access to and use of the Website. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with HOLLAND & BARNES.COM, the provisions of this Agreement shall govern regarding your access to and use of the Website.
5. Permitted Use
The Website is made available to you for your lawful personal use only. You may only use the Website in the manner described expressly in this Agreement. HOLLAND & BARNES.COM hereby grants to you a personal, non-transferable and non-exclusive license to access, read and download one copy of the HOLLAND & BARNES.COM content of this Website.
6. Restrictions On Use
You agree that you will not:
(i) distribute the HOLLAND & BARNES.COM Website content for any purpose including without limitation compiling a database, redistributing or reproducing the Website content; or
(ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, imitate, reproduce, upload, post, transmit, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Website content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of HOLLAND & BARNES.COM or its licensors or allow any third-party to access the Website content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
7. No Linking, Framing, Mirroring, Scraping, Data-Mining Or Postings
Linking to the Website without the express written permission of HOLLAND & BARNES.COM is strictly prohibited. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method is strictly prohibited.
You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
8. Privacy and Use of Information
YOU ACKNOWLEDGE THAT HOLLAND & BARNES.COM CANNOT ENSURE THE SECURITY OR PRIVACY OF INFORMATION YOU PROVIDE THROUGH THE INTERNET AND YOUR EMAIL MESSAGES, AND YOU RELEASE US FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF SUCH INFORMATION BY OTHER PARTIES.
HOLLAND & BARNES.COM reserves the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Website, or of any HOLLAND & BARNES.COM related products and Website.
9. Website Communications
All communications you submit through the Website must be true, accurate and complete. You authorize HOLLAND & BARNES.COM to accept communications that they receive from you by means of the Website and respond to your communications by means of Internet communications, email or other communications. Communications you send to HOLLAND & BARNES.COM by means of the Website are not delivered or effective unless and until they are processed by the responsible HOLLAND & BARNES.COM representative.
10. Passwords
All passwords remain the property of HOLLAND & BARNES.COM, and may be cancelled or suspended at any time by HOLLAND & BARNES.COM in its absolute discretion, and without any notice or liability to you or any other person. The use of a password does not restrict HOLLAND & BARNES.COM’s access to password-protected information.
YOU MUST KEEP YOUR PASSWORD CONFIDENTIAL AND NOT DISCLOSE IT TO ANY PERSON OR PERMIT ANY OTHER PERSON TO USE IT. You must take all reasonable precautions to maintain the secrecy of your password, including ensuring that any information stored on any computer with which you access the Website is protected against unauthorized access by other persons.
HOLLAND & BARNES.COM is not required to confirm the identity or authority of any person using your password. HOLLAND & BARNES.COM may act upon any communication that is given with the use of your password. HOLLAND & BARNES.COM may, in its absolute discretion, require proof at any time of the authority of any person seeking to use your password, and may refuse to accept or act upon any communication if it is not satisfied with such proof.
YOU AND ALL PERSONS YOU REPRESENT ARE JOINTLY AND SEVERALLY LIABLE FOR ANY AND ALL USE AND MISUSE OF YOUR PASSWORD. YOU MUST ENSURE THAT ALL USES OF YOUR PASSWORD COMPLY WITH THIS AGREEMENT. PASSWORDS MAY NOT PREVENT UNAUTHORIZED ACCESS TO DATA OR OTHER INFORMATION YOU MAY USE IN CONNECTION WITH THE WEBSITE. YOUR USE OF YOUR PASSWORD IS AT YOUR OWN RISK. YOU MUST NOTIFY HOLLAND & BARNES.COM IMMEDIATELY AT rick@hollandandbarnes.com IF YOU KNOW OR SUSPECT THAT YOUR PASSWORD HAS BEEN LOST OR STOLEN OR BECOME KNOWN TO OR USED BY ANY OTHER PERSON. UNTIL YOU GIVE SUCH NOTICE TO HOLLAND & BARNES.COM AND HOLLAND & BARNES.COM ACTUALLY RECEIVES AND PROCESSES IT, YOU AND ALL PERSONS YOU REPRESENT WILL CONTINUE TO BE JOINTLY AND SEVERALLY LIABLE FOR ALL AUTHORIZED OR UNAUTHORIZED USE OF YOUR PASSWORD.
11. Proprietary Information
The Website and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Website are the property of HOLLAND & BARNES.COM. The Website contains information, which is proprietary to us, our partners, and our users. We assert full copyright protection in the Website. Information posted by us, our partners or users of the Website may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names or logos displayed on the Website (collectively “Marks”), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.
12. Unsolicited Submissions
If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names (“Submissions”) to HOLLAND & BARNES.COM or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to HOLLAND & BARNES.COM and its successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of HOLLAND & BARNES.COM or its successors and assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of HOLLAND & BARNES.COM and its successors and assigns.
13. External Links
This Website may contain links to other sites (“Other Sites”). Other Sites are independent from HOLLAND & BARNES.COM and HOLLAND & BARNES.COM has no responsibility or liability for or control over Other Sites, their business, goods, services or content. HOLLAND & BARNES.COM does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. A link to another site should not be construed to mean that HOLLAND & BARNES.COM is affiliated or associated with same or that it recommends or endorses any of the content on such site.
14. Liability and Indemnity
HOLLAND & BARNES.COM DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE (WHICH INCLUDES ALL CONTENT, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE). IN NO EVENT WILL HOLLAND & BARNES.COM, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF HOLLAND & BARNES.COM OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES, WHICH WE MAY SUFFER FROM YOUR ACTIVITIES ON OR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY BREACH BY YOU OF THIS AGREEMENT, OR COMPLAINTS MADE BY OTHER PARTIES AGAINST YOU. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENCE OF ANY CLAIM.
15. NO WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY, SERVICE, TIMELINESS, TITLE, UNINTERRUPTED SERVICE, VIRUSES OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY HOLLAND & BARNES.COM TO THE FULLEST EXTENT PERMITTED BY LAW. THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE CONTROL OF HOLLAND & BARNES.COM AND MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE.
16. Modifications to Website and Agreement
HOLLAND & BARNES.COM assumes no obligation to update the content on this site. The content on this site may be changed without notice to you. HOLLAND & BARNES.COM is not responsible for any content or information that you may find undesirable or objectionable. HOLLAND & BARNES.COM disclaims any liability for unauthorized use or reproduction of any portion of the web site. Accessing the content from territories where it may be illegal is prohibited.
HOLLAND & BARNES.COM may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Website or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Website. Your continued use of the Website now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
17. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and any disputes arising out of this Agreement will be subject to the courts of the Province of Alberta and the federal courts applicable within the Province. You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of the courts in Alberta in respect of all disputes arising from this Agreement. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d’un commun accord que la présente entente soit redigee en anglais.
18. Assignment
You do not have the right to assign this Agreement or any of your rights to the Website to anyone. HOLLAND & BARNES.COM has the right to assign any or all of its rights and duties under this Agreement or to the Website to any third party. At the election of HOLLAND & BARNES.COM, if HOLLAND & BARNES.COM’s obligations hereunder are assumed by a third party, HOLLAND & BARNES.COM shall be relieved of any and all liability under this Agreement.
19. Termination
This Agreement is effective until terminated by HOLLAND & BARNES.COM, with or without cause, in HOLLAND & BARNES.COM’s sole and unfettered discretion. We may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by HOLLAND & BARNES.COM shall be in addition to and without prejudice to such rights and remedies as may be available to HOLLAND & BARNES.COM, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, warranty, governing law and assignment, your license to HOLLAND & BARNES.COM for Submissions, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
20. Other Matters
This Agreement ensures to the benefit of and be binding upon each of HOLLAND & BARNES.COM and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
Any rights not expressly granted by this Agreement are reserved to HOLLAND & BARNES.COM.
You expressly request and require that this Agreement be drawn up in the English language.
Privacy & Policy:
THIS POLICY WAS LAST UPDATED ON APRIL 20, 2010 HOLLAND & BARNES.COM (“HOLLAND & BARNES.COM”, “we”, or “us”) is committed to safeguarding personal information entrusted to us. We manage your personal information in accordance with Alberta’s Personal Information Protection Act and other applicable privacy laws. The policy (the “Policy”) discloses our practices for collection, use, disclosure and confidentiality of your personal information. The Policy applies to HOLLAND & BARNES.COM and our affiliates. The Policy also applies to any person providing services on our behalf.
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Personal information
Personal information means information about an identifiable individual. This includes your name, home address and phone number, age, gender, marital or family status, an identifying number, financial information including credit and credit card information, and educational history.
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Personal information we collect
We collect only the personal information that we need for the purposes of providing products and services to you, and as indicated below, for marketing and demographic information purposes. The personal information that we collect includes the personal information required to:
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open and manage customer accounts and to facilitate contact with customers;
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deliver requested products and services;
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inform customers of any changes in our products and services;
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invoice customers for any services;
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prevent fraud;
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follow up with customers to determine satisfaction with our products and services;
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inform customers about HOLLAND & BARNES.COM products and services that may be of interest to them;
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meet legal and regulatory requirements; and
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compile aggregated demographic information for marketing and other purposes.
More specifically, the information that we will ask you for includes your name, address, and other contact information. Credit card information is collected by a third party service provider and is not provided to us unless you do so at your own discretion. We may collect IP addresses of persons, including our customers, who access our website. IP addresses are collected for technical purposes and our website uses cookies for some purposes. We cannot access any personal information about you through the use of these devices.
We normally collect customer information directly from our customers. We may collect your information from other persons with your consent or as authorized by law. We usually notify customers, before or at the time of collecting personal information, of the purposes for which we are collecting the information. One situation in which we do not provide notice is when a person volunteers information for an obvious purpose. For example, when a potential customer asks us to send information relating to our services, then the information will be used only to contact the individual and provide them with the requested information.
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Personal information we store and changing your personal information
Subject to some exceptions, you have the right to access your own personal information in a record that is in our custody or under our control. One exception is that we might refuse to provide access to information where access would reveal personal information about another individual. Another exception is that we may refuse to provide access to personal information where access would reveal confidential business information. These exceptions are provided for illustrative purposes and do not constitute an exclusive list of exceptions. In some cases where exceptions to access apply, we may withhold that information and provide you with the remainder of the record. If we refuse a request in whole or in part, we will provide the reasons for the refusal.
You may request access to your personal information by contacting HOLLAND & BARNES.COM as indicated below at paragraph 8. All requests for access must be made in writing and must include sufficient information to allow us to identify you and the information you are seeking. You may also request information about our use of your personal information and any disclosure of your personal information to persons outside our organization. We may charge a reasonable fee to provide access to personal information; in such cases we will advise you of any fees that may apply before beginning to process your request.
We rely on persons who have provided us with information to notify us if there is a change to their personal information that may affect their relationship with HOLLAND & BARNES.COM. If you are aware of an inaccuracy in the personal information that you have provided to us, please let us know and we will correct it on request wherever possible. We do not charge a fee for correction of personal information.
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Consent to collect and use personal information
Ordinarily we ask for consent to collect, use or disclose personal information. We may assume that you consent where you volunteer personal information for an obvious purpose. We also do not ask consent, for example, where collection, use or disclosure without consent is authorized or required by law. For example, we are not required to request consent when the collection, use or disclosure is reasonable for an investigation or legal proceeding, to collect a debt owed to HOLLAND & BARNES.COM, in an emergency that threatens life, health or safety, or when the personal information is available from a public telephone directory.
We ask for your express consent for some purposes and may not be able to provide certain products or services if you do not consent to the collection, use or disclosure of certain personal information. Where express consent is needed, we will normally ask for consent orally (in person or by telephone), or in writing (for example by signing or checking a box on a consent form). Consent forms may include electronic forms.
In cases that do not involve sensitive personal information, we may rely on “opt-out” consent. You can opt out by completing the appropriate form(s) or by otherwise communicating to us in writing your desire that your personal information not be used or stored for a specific purpose, or at all. In the absence of an opt out, we may disclose your contact information to organizations that we believe may be of interest to you, and use your personal information to forward marketing information on our services from time to time.
You may withdraw your consent to the use and disclosure of personal information by HOLLAND & BARNES.COM at any time unless the personal information is necessary for us to fulfill legal obligations. We will respect your decision, but we may not be able to provide you with certain products and services if we do not have the necessary personal information.
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Use of personal information
We use and disclose personal information only for the purposes for which the information was collected, except as authorized by law. We may aggregate personal information to study demographic trends and may provide such aggregated information to third parties for marketing or other commercial purposes. If we wish to use or disclose your personal information for any new business purpose other than the marketing of services or as set out herein, we will ask for your consent.
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Storing your personal information
We keep your information for as long as is reasonable to fulfill the purposes for which the information was collected or as long as required by law – whichever is longer. We do not retain any personal information, other than in aggregate form, once we are no longer providing you with services.
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Security measures we will take to safeguard my personal information
We take the protection of your personal information very seriously and the security measures we have implemented reflect this. We make every reasonable effort to prevent any loss, misuse, disclosure or modification of personal information, as well as any unauthorized access to personal information. Measures that may be used when destroying your personal information include shredding paper records and deleting electronic records.
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Contact information
If you have a question or concern about any collection, use or disclosure of personal information by HOLLAND & BARNES.COM, or would like to request access to your own personal information, please contact our privacy officer Rick Thomas at hollandandbarnes@hotmail.com.
Depending on the situation, you may also wish to contact the Information and Privacy Commissioner of Alberta:
Office of the Information and Privacy Commissioner (Calgary)
Suite 2460, 801 6th Avenue SW
Calgary, Alberta
T2P 3W2
Phone: (403) 297-2728
Fax: (403) 297-211
Toll Free: 1-888-878-4044
E-mail: generalinfo@oipc.ab.ca
Web site: http://www.oipc.ab.ca/
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Preferred Vendors Code of Conduct:
Holland & Barnes.com welcomes our working relationship with all Preferred Vendors and service providers to the extent that they enhance the experience of our clients. To work successfully with Holland & Barnes.com’s clients and contractors, we expect that you will abide by the following Preferred Vendor Code of Conduct:
It is expressly agreed that Holland & Barnes.com will have no liability whatsoever with respect to the provision of goods and/or services. You agree to indemnify Holland & Barnes.com against any claims made by any person or entity against Holland & Barnes.com with respect to any loss of damage caused directly or indirectly by your provision of any goods or services.
All goods and services for Holland & Barnes.com clients and contractors will be performed in a professional manner and in accordance with the instructions provided at the time of booking. If you are unable to provide the services in a timely manner, you will inform Holland & Barnes.com as soon as possible where time permits and no later than two (2) business days after services are requested if no timeframe is provided at booking.
Any Terms & Conditions of booking will be provided to Holland & Barnes.com prior to engagement, or they will have no effect. Specifically, any cancellation, refund, or scheduling terms must be clearly stated at the outset of the engagement.
You agree to maintain current Liability insurance in an amount no less than $0,000,000 or $0,000,000 for inherently dangerous activities, including but not limited to automotive transport, equestrian activities, nautical excursions, boat charters, helicopter charters, aviation charters or activities involving firearms of any kind.
As a supplier of Holland & Barnes.com, you and/or your group of companies and/or affiliates of any nature will not, in any manner, solicit and/or accept any business from sources that have been made available to them by and through Holland & Barnes.com, including but not limited to clients, partner brands, or other suppliers. You likewise will not in any manner access, contact, solicit and/or conduct any transaction with said sources, otherwise than exclusively for the provision of the benefits here stated without Holland & Barnes.com’s prior written consent.
You and your employees, further agree to strict non-disparagement of Holland & Barnes.com, our clients, contractors or our partner brands, whether written or oral.
As a Holland & Barnes.com supplier, you warrant that you will comply with any applicable data protection, privacy or similar laws, including but not limited to << >> that apply in relation to any personal data in connection with this Agreement (hereafter, “Protected Data”). In particular, you will obtain all necessary consents to the processing of personal data so far as may be necessary for the purposes of this Agreement, including without limitation the disclosure of such Protected Data to Holland & Barnes.com or any third parties with whom you may share personal data for the purposes of providing goods and/or services. You further agree that you will not retain nor sell Protected Data, and that you will process and secure Protected Data with a high standard of care. Each party will indemnify the other and keep the other indemnified against all claims demands, actions, costs, expenses (including but not limited to legal costs and disbursements on a full indemnity basis) losses and damages arising from or incurred by reason of any wrongful processing of any Protected Data.
You are responsible for the security of any cardholder data (credit or debit) that Holland & Barnes.com provides to you by any means (orally, electronically, offline or via paper based records). In accordance with ***guidelines, Holland & Barnes.com will monitor your compliance through its Client Benefits team. Holland & Barnes.com reserves the right to terminate any agreement for services with immediate effect should your security procedures not meet acceptable standards.