THESE WEBSITE TERMS AND CONDITIONS APPLY TO YOUR USE OF, AND CONTIRBUTIONS TO, THE eatQlever WEBSITE AND EACH OF THE PAGES WITHIN IT (THE “WEBSITE”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. BY USING OR REGISTERING WITH THE WEBSITE YOU ARE SHOWING THAT YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE YOUR REGISTRATION AND/OR DO NOT USE THE WEBSITE.
THE WEBSITE IS OWNED BY MARLOW FOODS LIMITED (“WE”, “US” OR “OUR”).
1 WEBSITE ACCESS
1.1 As a guest you may access, but not contribute to the Website. If you register your be able to access different sections of the Website and submit your own contributions.
1.2 Registration on the Website is only available to persons who have the ability and capacity to enter into legally binding contracts and who are over 16 years of age.
1.3 Registration on the Website is free. In registering with the Website you will be required to complete a profile detailing the following information:
Your name; and
Your email address.
1.4 On registering with the Website you will choose, or you will be provided with, a user identification code, password or 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 to you, at any time, if in our opinion you have failed to comply with these terms and conditions.
1.5 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
1.6 The Website is only intended for use by people resident in the United Kingdom. We reserve the right to refuse access to the Website by individuals outside such region and place restrictions on the extent to which we allow use in specific countries.
1.7 We make no representation that the Website or its content is appropriate or available for use in locations outside of the United Kingdom, and accessing the Website is prohibited in territories where such content is illegal. If you access the Website from other locations, you do so at your own initiative and are responsible for compliance with any applicable local laws.
2 AVAILABILITY
2.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we will not be liable if for any reason the Website is unavailable at any time or for any period.
2.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
3 DISCLAIMER
3.1 The Website is provided to allow users to view and comment on information provided by us. We are under no obligation to review any information provided to or uploaded to the Website and we shall have no responsibility or liability for any inaccuracies in such information.
3.2 All information placed on the Website by us is provided in good faith and for general information purposes only. Whilst we will use reasonable endeavours to ensure that the information on the Website is accurate, the Website is published on an “as is” basis.
3.3 Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed.
3.4 We make no warranties of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to the Website.
3.5 We and our associated companies will not be responsible for any losses you incur as a result of any information upload to the Website by third parties or changes made to the Website by unauthorised third parties.
3.6 We give no warranties that access to the Website will be uninterrupted or error-free or that the Website or the server hosting it are free from viruses. We and our associated companies will not be responsible for any losses you incur as a result of any virus infecting your computer by reason of your use of, access to, uploading or downloading of any material to or from the Website.
3.7 We may make changes to the material on the Website, or to any products shown on the Website (including any pricing information), at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
4 INTELLECTUAL PROPERTY
4.1 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
4.5 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our contributors or licensors.
4.6 If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.7 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5 OWNERSHIP OF MATERIAL YOU SEND
5.1 Subject to the application of the Website’s Privacy Policy [insert link] to personal data, any material you send to the Website will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property that you submit. We will be entitled to use any or all of such material for any purpose, without compensation to you, including for reproduction, disclosure, transmission, publication, broadcast and posting. You must only send material to the Website if you are the original author of the material or otherwise have the necessary rights to use that material.
6 INFRINGEMENT
6.1 You shall defend, indemnify, and hold us, our affiliates and our affiliates’ employees, contractors, directors, suppliers, and representatives harmless from all liabilities, claims and expenses, including reasonable attorney’s fees, that arise from your:
6.1.1 use or misuse of, or access to the Website;
6.1.2 breach of these terms; or
6.1.3 infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
6.2 We reserve the right to remove any information you provide or upload to the Website which may infringe the rights of a third party and to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available redress.
7 ACCEPTABLE USE
7.1 You may use the Website only for lawful purposes. You may not use the Website:
7.1.1 in any way that breaches any applicable local, national or international law or regulation;
7.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
7.1.3 for the purpose of harming or attempting to harm minors in any way;
7.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below; or
7.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
7.2 You also agree:
7.2.1 not to reproduce, duplicate, copy or re-sell any part of the Website; and
7.2.2 not to access without authority, interfere with, damage or disrupt:
7.2.2.1 any part of the Website;
7.2.2.2 any equipment or network on which the Website is stored;
7.2.2.3 any software used in the provision of the Website; or
7.2.2.4 any equipment or network or software owned or used by any third party.
8 CONTENT STANDARDS
8.1 These content standards apply to any and all information which you provide or upload to the Website.
8.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any information as well as to its whole.
8.3 Information must:
8.3.1 be accurate (where it states facts);
8.3.2 be genuinely held (where it states opinions); and
8.3.3 comply with applicable law in the UK and in any country from which it is posted.
8.4 Information must not:
8.4.1 contain any material which is defamatory of any person;
8.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
8.4.3 promote sexually explicit material;
8.4.4 promote violence;
8.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
8.4.6 infringe any copyright, database right or trade mark of any other person;
8.4.7 be likely to deceive any person;
8.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
8.4.9 promote any illegal activity;
8.4.10 be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
8.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
8.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
8.4.13 give the impression that it emanates from us, if this is not the case; or
8.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
9 VIRUSES, HACKING AND OTHER OFFENCES
9.1 You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
9.2 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 co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
9.3 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 the Website or to your downloading of any material posted on it, or on any website linked to it.
10 LINKING TO THE WEBSITE
10.1 You may link to the Website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.2 You must not establish a link from any website that is not owned by you.
10.3 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in section 8.
10.4 If you wish to make any use of any information on the Website other than that set out above, please address your request to customer.services@marlowfoods.com or by completing this form http://www.quorn.co.uk/CMSPage.aspx?ssbid=10.
11 SUSPENSION AND TERMINATION
11.1 We will determine, in our discretion, whether there has been a breach of our acceptable use requirements through your use of the Website. When a breach of these terms has occurred, we may take such action as we deem appropriate.
11.2 Failure to comply with these terms, may result in our taking all or any of the following actions:
11.2.1 immediate, temporary or permanent withdrawal of your right to use the Website;
11.2.2 immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
11.2.3 issue of a warning to you;
11.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
11.2.5 take further legal action against you; and/or
11.2.6 disclose of such information to law enforcement authorities as we reasonably feel is necessary.
11.3 We exclude liability for actions taken in response to breaches of our acceptable use requirements. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
11.4 We may terminate your access to the Website or any part of it with immediate effect at any time, with or without cause and with or without notice.
11.5 You may terminate your use of the Website and these terms by discontinuing use of the Website and on selecting the appropriate resignation procedure provided on the Website. Following resignation and on receipt of a request from you to so, we will use reasonable endeavours to delete all data provided by you from our operational databases, except that we may retain such data in order to comply with our legal obligations.
11.6 Provisions of these terms which either are expressed to survive termination or from their nature or context it is contemplated that they are to survive termination shall remain in full force and effect notwithstanding termination.
12 LINKS TO OTHER WEBSITES
12.1 For your convenience, we may from time to time provide links to websites owned and operated by third parties. If you use these links, you will leave the Website. We have not reviewed these third party websites and have no control over the consent or security of the third party websites. If you decide to access a third party website through a link on the Website, you do so entirely at your own risk. We make no representations regarding third party websites, their content, or any results that may be obtained from using them.
13 CHANGES TO THESE TERMS AND CONDITIONS
13.1 We have the right to amend these terms and conditions without notice to you by updating this posting on the Website. You should check the Website from time to time to review the then current terms and conditions, because they are binding on you. By using the Website following amendment of these terms and conditions you are showing that you agree to the amended terms and conditions. If you do not agree to the amended terms and conditions, please do not continue to use the Website.
14 LIABILITY
14.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage, even if foreseeable, that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, anticipated savings, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use, or the results of use of the Website, any websites linked to the Website or the material on such websites.
14.2 Nothing in this legal notice shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is 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 applicable law.
15 TRADE MARKS
15.1 “Quorn” and “eat Qlever” are trade marks of Marlow Foods Limited, currently registered or pending application in the United Kingdom/European Union.
16 WRITTEN COMMUNICATIONS
16.1 When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17 TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
17.2 You may not transfer, assign, charge or otherwise dispose of any contract between you and us, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
18 EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control.
19 WAIVER
19.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
20 SEVERABILITY
20.1 If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21 ENTIRE AGREEMENT
21.1 These terms constitute the entire and only agreement between you and us in relation to their subject matter and replace and extinguish all prior or simultaneous agreements, undertakings, arrangements, understandings or statements of any nature made by us or you whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter.
21.2 We both acknowledge that neither you or us is relying on any statements, warranties or representations given or made by either you or us in relation to the subject matter of these terms, save those expressly set out in these terms, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these terms save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party.
22 THIRD PARTIES
22.1 A person who is not a party to these terms has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any of these terms. Notwithstanding that any of these terms may be or become enforceable by a person who is not a party to them, these terms may be varied, amended, modified, suspended, cancelled or terminated by agreement in writing between the parties or these terms may be rescinded (in each case), without the consent of any such third party.
23 LAW AND JURISDICTION
23.1 These terms and conditions shall be governed by and should be construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts.
24 COMPANY DETAILS
24.1 Marlow Foods Limited
Contact address: 28 The Green, Kings Norton Birmingham, B38 8SD
Registered office: Premier House, Centrium Business Park, Griffiths Way, St. Albans, Hertfordshire, AL1 2RE and with registration number 01752242.
VAT 813044469