- Terms and Conditions
-
These Terms and Conditions govern your
use of the Freshnet Systems Ltd website (the "Site") and your purchase
of any goods from Freshnet Systems Ltd Brands Limited ("Freshnet
", "we", "us" or "our"). Please read them carefully as they
affect your rights and liabilities under the law. By using this Site
or ordering any goods from this Site you, ("the buyer", "you" or
"your") agree with us to be bound by these Terms and Conditions. If
you do not agree to these Terms and Conditions you may not purchase
any goods from this Site.
This Site is owned and operated by Freshnet
Systems Limited, whose registered office is at
5 west Quay Road, Poole, Dorset, BH15 1JD to which
address any comments or complaints that you may have about this site
or our supply of goods to you may be sent or alternatively you may
email us at info@freshnet.co.uk.
These terms and Conditions do not
affect your Statutory rights.
- Ownership of Rights
- All rights
including, but not limited to, copyright, trade marks, database and
other intellectual property rights in this website are owned by or
licensed to Freshnet Systems Ltd. Any use of this website or its
contents, including copying or storing it or them in whole or part,
other than for your own personal, non-commercial use is prohibited
without the permission of Freshnet Systems Ltd. You may not modify,
distribute or re-post anything on this website for any purpose.
- Accuracy of Content
-
Freshnet Systems Ltd has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of VAT. The weights, dimensions and capacities given are approximate only and are intended only to provide a general description of the goods. To the extent permitted by applicable law, Freshnet Systems Ltd disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Freshnet Systems Ltd shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
- Amendments
-
We may update these Terms and Conditions from time to time and you should look through them as often as possible. The changes will apply to the use of the Freshnet Systems Ltd Site as soon as they are published. If you do not wish to accept the new Terms and Conditions you should not continue to use the Freshnet Systems Ltd Site. If you continue to use the Freshnet Systems Ltd Site after the date on which the change comes into effect, your use of the Freshnet Systems Ltd Site indicates your agreement to be bound by the new Terms and Conditions.
- Excluded services
-
The services provided by the Freshnet Systems Ltd Site do not include the provision of computer or other necessary equipment to access the Freshnet Systems Ltd Site. To use the Freshnet Systems Ltd site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur in this regard.
- Damage to your Computer
-
Freshnet Systems Ltd makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Freshnet Systems Ltd shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
- Registration
-
To register with Freshnet Systems Ltd you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
- Password/Account Security
-
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Freshnet Systems Ltd shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
- Limitations of use
-
You may not use the Freshnet Systems Ltd Site for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- gaining unauthorised access to other computer systems
- interfering with any other person's use or enjoyment of the Freshnet Systems Ltd Site
- breaching any laws concerning the use of public telecommunications networks
- interfering or disrupting networks or web sites connected to the Freshnet Systems Ltd Site
- making, transmitting or storing
electronic copies of materials protected by copyright without the
permission of the owner
Freshnet Systems Ltd reserves the right to refuse to post material on the Freshnet Systems Ltd Site or to remove material already posted on the Freshnet Systems Ltd Site.
You
will indemnify us against all losses, liabilities, costs and
expenses reasonably suffered or incurred by us, all damages awarded
against us under any judgment by a court of competent jurisdiction
and all settlements sums paid by us as a result of any settlement
agreed by us arising out or in connection with:
- any claim by any third party that the use of the Freshnet Systems Ltd Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Freshnet Systems Ltd Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any
regulatory, advertising or trading body or authority in connection
with the use of the Freshnet Systems Ltd Site by you.
Where the order concerns the sale of alcohol you confirm that you are over the age of 18.
- Availability of the Site
-
Freshnet Systems Ltd cannot guarantee that the service provided through this Site will be fault free. If a fault occurs in the service you should report it to Customer Services by email at [TBC]. We will attempt to correct the fault as soon as we reasonably can.
Your access to the Freshnet Systems Ltd Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Freshnet Systems Ltd will attempt to restore the service as soon as it reasonably can.
- Freshnet Systems Ltd right to Cancel or Suspend your Registration
-
The Freshnet Systems Ltd Site is provided by Freshnet Systems Ltd without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The Freshnet Systems Ltd Site provides content from other Internet sites or resources and while Freshnet Systems Ltd tries to ensure that material included on the Freshnet Systems Ltd Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Freshnet Systems Ltd will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Freshnet Systems Ltd Site. If Freshnet Systems Ltd is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we
disclaim all liabilities in connection with the following:
- incompatibility of the Freshnet Systems Ltd Site with any of your equipment, software or telecommunications links
- technical problems including errors or interruptions of the Freshnet Systems Ltd Site
- unsuitability, unreliability or inaccuracy of the Freshnet Systems Ltd Site
- inadequacy of the Freshnet Systems Ltd site to meet your requirements
To the full extent allowed
by applicable law, you agree that we will not be liable to you/or
any third party for any consequential or incidental damages
(including but not limited to loss of revenue, loss of profits, loss
of anticipated savings, wasted expenditure, loss of privacy and loss
of data) or any other indirect, special or punitive damages
whatsoever that arise out of or are related to the Freshnet
Site or your purchase of goods from us.
You agree that you shall not make any claim against Freshnet Systems Ltd to the extent that, as a result of any such claim, our aggregate liability in respect of all causes of action arising out of or in connection with your use of this Site or our supply of goods to you (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all), including for the loss or damage to goods whilst in transit, would exceed an amount equal to the value of the goods delivered to you by us under these terms and conditions. Freshnet Systems Ltd shall not be liable for any claim unless you give us written notice of the claim within 6 months of becoming aware of the circumstances giving rise to the claim or, if earlier, 6 months from the time you ought reasonably to have become aware of such circumstances.
Except as expressly provided in these Terms and
Conditions, Freshnet Systems Ltd excludes all representations,
conditions and warranties whether express or implied (by statute or
otherwise) to the fullest extent permitted by law. Nothing in these
Terms and Conditions shall exclude Freshnet Systems Ltd's liability
for personal injury or death caused by its negligence.
- Law, Jurisdiction and Language
- This
website, any content contained herein and any contract brought into
being as a result of usage of this website are governed by and
construed in accordance with Scottish Law. The parties to any such
contract agree to submit to the exclusive jurisdiction of the courts
of Scotland. All contracts are concluded in English.
- General
-
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Freshnet Systems Ltd ignores this, Freshnet Systems Ltd will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Freshnet Systems Ltd shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
A person who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions.
August 2006
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