PASSIVE FIRE PRODUCTS LTD – TERMS & CONDITIONS OF WEBSITE USE

Effective Date: 15 October 2022
Company: Passive Fire Products Ltd
Registered Office: 85 Great Portland St, First Floor, London, W1W 7LT, United Kingdom
Company No: 12132076

1. Acceptance of Terms

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms and Conditions (“Terms of Service”, “Terms”).
These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and/or contributors of content.

If you do not agree to these Terms, you must not access or use this website.

2. General Use

Your use of any information or materials on this website is entirely at your own risk.

3. Intellectual Property Rights

This website contains material which is owned by or licensed to Passive Fire Products Ltd. This includes, but is not limited to, the design, layout, look, appearance, graphics, and text.
Reproduction, distribution, or transmission of any content on this website — including screenshots, copying, or data extraction — is strictly prohibited without prior written consent.

All trademarks reproduced on this website which are not the property of, or licensed to, the operator are acknowledged accordingly.

3.1 PROJECT DEVELOPMENT, QUOTATIONS, TECHNICAL SCHEDULES AND INTELLECTUAL PROPERTY

1. Ownership of Project Documentation

All original project-specific documentation prepared by Passive Fire Products Ltd (“PFP”), including detailed product schedules, floor-by-floor spreadsheets, quantity take-offs, compiled product selections, quotation documents, pricing analyses, technical submissions, project coordination materials and associated original written content, remains the intellectual property of PFP to the extent that intellectual property rights subsist in those materials and are owned by PFP.

Product names, manufacturers’ information, standard technical data, underlying project facts and quantities are not claimed as exclusively owned by PFP merely because they appear in PFP documentation.

2. Permitted Use of Project Documentation

Unless expressly agreed otherwise in writing, project-specific documentation supplied by PFP is provided for the purpose of evaluating the relevant proposal and progressing the associated project through PFP.

The recipient may review and internally circulate the documentation for legitimate project evaluation and coordination. However, the recipient must not reproduce, adapt, republish, distribute or commercially exploit original PFP documentation beyond the scope of any applicable permission or licence.

Where documentation contains confidential information, commercially sensitive pricing, original compiled material or proprietary methodologies, the recipient must not disclose or use that material beyond the purpose for which it was supplied, except where authorised by PFP, required by law or otherwise permitted by applicable law or contract.

3. Direct Procurement and Alternative Supply Arrangements

PFP recognises that customers may independently compare suppliers and obtain alternative quotations.

However, unless otherwise agreed in writing or permitted by applicable law, a customer must not use PFP’s confidential information, restricted-use project documentation or original protected material to circumvent an agreed commercial arrangement, obtain competing quotations through unauthorised disclosure, or commercially exploit PFP’s work beyond the permission granted for the relevant project.

Nothing in this clause prevents a customer from independently procuring products, using information lawfully available to them, or exercising rights they have under an applicable contract or law.

4. Project Development and Consultancy Services

Routine product enquiries and standard quotations may be provided without charge at PFP’s discretion.

Detailed project development services may include, without limitation, extensive quantity take-offs, floor-by-floor schedules, product coordination, specification development, repeated revisions, value engineering, technical liaison and procurement coordination.

Where PFP intends to charge separately for such services, the scope of work, applicable fee and payment terms will be communicated and agreed with the customer in writing before the chargeable work is undertaken.

Where PFP offers project development services on the basis that a fee will be credited against a qualifying product order, the applicable qualifying order value, credit conditions and any expiry date will be stated in the written proposal.

No separate project development fee will arise solely because a customer elects not to place an order unless that fee or another applicable payment obligation has been agreed or is otherwise recoverable under applicable law.

5. Confidentiality and Supplier Information

Customers must respect any confidentiality obligations expressly agreed with PFP. Commercially sensitive information, non-public supplier pricing, negotiated discounts, sourcing arrangements and other information identified as confidential must not be disclosed or used outside the scope of the relevant agreement, except where authorised, required by law or otherwise permitted.

Nothing in these Terms creates an exclusivity obligation on a manufacturer, supplier or customer unless that obligation has been separately and validly agreed by the relevant parties.

6. Copyright Notices and Document Reproduction

PFP may identify its original documents with its company name, copyright notice, issue date, project reference and permitted-use statement.

No provision of these Terms transfers ownership of PFP’s intellectual property to a recipient. Any licence or other permission to use PFP documentation is limited to the scope expressly granted or otherwise arising under applicable law or contract.

7. Reservation of Rights

PFP reserves any rights and remedies available under applicable intellectual property law, confidentiality obligations and contract law in relation to unauthorised copying, disclosure, reproduction or use of protected documentation or confidential information.

The existence of these Terms does not automatically establish that every act of direct procurement, use of product information or approach to a supplier is unlawful.

8. Application to Quotations and Project Work

These provisions apply to project documentation and services only to the extent that the relevant terms have been validly incorporated into the applicable agreement or otherwise apply under law. Project-specific quotations, consultancy proposals, confidentiality agreements and other written arrangements may contain additional or different terms.

Where applicable, these provisions are governed by the law and jurisdiction specified in PFP’s governing-law clause.

4. Prohibited Uses

You must not:

Unauthorised use of this website may give rise to a claim for damages and loss of sales and/or constitute a criminal offences.

Use this website for any unlawful, defamatory, or harmful purpose.

Attempt to hack, disrupt, or interfere with the website’s functionality, security, or connected systems.

 Use any automated system, bot, scraper, or data-mining tool to access, extract, or collect data from this website. Any use of such systems that interferes with, slows down, or prevents the normal operation of the website — including disruption to customer access, communication, or checkout processes 

— will be treated as unauthorised interference. Passive Fire Products Ltd reserves the right to pursue legal action to recover any resulting loss of earnings, reputational damage, and administrative costs, calculated in part by reference to the company’s average order value.”

Take screenshots, download, copy, reproduce, store, or otherwise capture any part of this website, including but not limited to its pages, product listings, text, images, graphics, videos, downloadable files, or overall layout and design. 

This prohibition extends to any form of digital or physical storage, archiving, or reproduction of website content for personal, commercial, or analytical purposes without the prior written consent of Passive Fire Products Ltd. 

Any unauthorised capture, storage, or redistribution of website content constitutes a breach of copyright and may result in legal action.

5. External Links

Our website may include links to other websites for your convenience.
We do not control, endorse, or take responsibility for the content, privacy policies, or security of such external sites. You should review their privacy statements independently.

5.1 Blog and News Content Disclaimer

Our Blog and News pages are managed and populated by an external organisation for the purpose of generating traffic and awareness to the linked sites/articles/original owners - or product information from manufacturers. Passive Fire Products Ltd does not create, edit, or verify the accuracy of any articles, opinions, images, or information published within these sections.

Accordingly, we do not endorse and cannot be held responsible or liable for the content, accuracy, legality, or intellectual property compliance of any materials featured therein. Any such content remains the responsibility of the originating source or author.

Passive Fire Products Ltd cannot be held liable for, nor be subject to, any copyright or intellectual property claims arising from materials provided or published by the external content provider or linked websites. Users are encouraged to independently verify any information obtained from these pages before relying on it.

6. Linking to Our Website

You may not create a link to this website from another website or document without our prior written consent.

7. Availability & Liability Disclaimer

We make every effort to keep this website running smoothly. However, Passive Fire Products Ltd takes no responsibility and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

We will not be liable for any direct, indirect, incidental, or consequential loss or damage arising from the use of this website or the information contained within it.

8. PRODUCT INFORMATION, SPECIFICATION AND LIABILITY DISCLAIMER

All product information, technical data, recommendations and specifications provided by Passive Fire Products Ltd are supplied for guidance purposes only and are based solely on the information made available to us by the customer at the time of enquiry, including but not limited to photographs, drawings, dimensions, descriptions, plans and other supporting documentation.

Any specification or recommendation issued by Passive Fire Products Ltd is prepared in good faith using the information provided. We do not inspect the site, verify existing construction, or confirm that the information supplied is complete or accurate unless expressly agreed in writing.

Whilst our technical team is happy to provide advice and assist in selecting suitable passive fire protection products, the final responsibility for ensuring that the specified products and systems are suitable for the intended application remains with the customer, the appointed designer, contractor and/or certified installer.

It is the customer's and certified applicator's responsibility to:

• verify that all dimensions, substrates, construction details and fire performance requirements are correct;
• ensure that the proposed solution is appropriate for the actual site conditions;
• confirm that the selected system complies with all applicable Building Regulations, Approved Documents, manufacturer installation requirements and relevant third-party certification;
• obtain any necessary approval from Building Control, the Approved Inspector, Fire Engineer, Principal Designer or other relevant authority before installation where required.

Customers are strongly advised to obtain a free, no-obligation specification and quotation from our technical department before purchasing any products.

Products purchased without first obtaining a formal written specification from Passive Fire Products Ltd will not be eligible for certification or certification support from Passive Fire Products Ltd unless otherwise agreed in writing.

Passive Fire Products Ltd shall not be liable for any loss, damage, delay, consequential loss, failed inspection, non-compliance, remedial works, certification issues or additional costs arising from:

• inaccurate, incomplete or misleading information supplied by the customer;
• changes to the project after a specification has been issued;
• installation not carried out in accordance with the manufacturer's instructions or third-party tested details;
• use of products outside their tested scope of application;
• failure to obtain the necessary approvals from Building Control or other relevant authorities; or
• failure to seek appropriate professional advice where required.

Nothing within any specification or recommendation issued by Passive Fire Products Ltd shall transfer responsibility for design, regulatory compliance or workmanship from the customer, designer, contractor or certified installer.

9. Orders, Stock, and Cancellations

While items listed on our website are assumed to be in stock and available for dispatch, this cannot be guaranteed.
Customers will be informed of any delays. Orders paid and later cancelled may be subject to a reasonable cancellation fee.
Please refer to our Returns Policy for full details.

10. Privacy and Data Protection

We are committed to protecting your privacy in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

We may collect and process personal data such as:

We collect this information to improve our products and services, manage orders, and send promotional content (where consented).
We will never sell or share your personal information without your permission unless required by law.

For details, please see our Privacy Policy.

11. Cookies

Our website may use cookies to enhance user experience and improve site performance. You can manage or disable cookies through your browser settings.

12. Recordings and Communications

Direct calls may be recorded for training, quality, or dispute resolution purposes.

13. Indemnity

You agree to indemnify and hold harmless Passive Fire Products Ltd from any claims, losses, or damages arising out of your misuse of this website or breach of these Terms.

14. Changes to Terms

Passive Fire Products Ltd reserves the right to update or modify these Terms at any time without notice. Changes will be effective once posted on this page. You are encouraged to review these Terms regularly.

15. Governing Law

These Terms and Conditions and any dispute arising out of them shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction.

© Passive Fire Products Ltd – All Rights Reserved.
No part of this website may be reproduced, stored, or transmitted in any form without prior written permission.