Terms and Conditions of Use
1 Our contract
By using or subscribing to our site and services you enter into a binding
contract with us on the following terms and conditions.
2 A UK business service only
Our site is is a portal service site directed at commercial enterprises
in the United Kingdom.
3 Our promises
3.1 We will permit you to access, use and interact with our site and services
subject to these terms and conditions.
3.2 We will:
3.2.1 exercise reasonable care in compiling our site;
3.2.2 use reasonable efforts to make our site available to you at all
times; and
3.2.3 take the steps set out in our privacy policy to endeavour to secure
any personal data and credit card information you give us.
4 Exclusions and limitations
4.1 We do not represent or warrant that access to our site, or any part
of it will be uninterrupted, reliable or fault free.
4.2 We do not represent or warrant to you that our site or any of its
contents will be accurate, complete or reliable.
4.3 We do not represent or warrant that:
4.3.1 any services (whether or not provided by us) will be provided with
due care and skill; or
4.3.2 any goods (whether or not provided by us) will be of merchantable
quality or will be fit for any purpose (even if that purpose has been
previously notified to us).
4.4 To the extent permitted by law, we exclude all liability (whether
arising in contract, tort or otherwise and whether or not due to our negligence)
which we may otherwise have to you as a result of:
4.4.1 any technical, factual, textual or typographical inaccuracies, errors
or omissions on or relating to our site or any information on our site;
4.4.2 the unavailability of our site (or any part of it), goods or services;
4.4.3 any delay in providing, or failure to provide or make available,
goods or services or any negligent provision of goods or services;
4.4.4 any goods not being of merchantable quality or fit for their intended
purpose; or
4.4.5 any misrepresentation on or relating to our site, the goods or the
services (other than a fraudulent misrepresentation made by us or on our
behalf).
4.5 Our maximum liability to your business in respect of your use of our
site or any services we provide or make available to you through or in
relation to our site will be the amount of any subscription fees paid
on behalf of your business during the year in which the liability arose.
You agree that we shall have no liability for indirect or consequential
losses, loss of data, income or profits or damages for loss of or damage
to property.
4.6 You agree that each of these limitations is reasonable having regard
to the nature of our site and in particular given that when you transact
any business with parties contacted via our site that business will in
each case be a separate contract with that supplier or purchaser
4.7 None of the exclusions or limitations in this clause 4 shall exclude
or restrict our liability for death or personal injury caused by our negligence.
4.8 None of the above exclusions shall affect any statutory rights which
are not capable of being excluded. However, in such case our obligation,
where permitted by law, will be limited to the re-supply of our site,
good or service to you.
4.9 Each of the above exclusions or limitations shall be construed as
a separate, and severable, provision of these terms and conditions.
5 Site subscription and charges
5.1 By subscribing to our site, you agree to pay our charges at the rate
applicable from time to time and stipulated on the site.
5.2 If you fail at any time to pay any subscription charges due we reserve
the right to withdraw and or delete any references to you or your business
on our site without further notice
6 Links to other sites
Certain links, including hypertext links, in our site will take you outside
our site. Links are provided for your convenience and inclusion of any
link does not imply endorsement or approval by us of the linked site,
its operator or its content. We are not responsible for the content of
any website outside our site.
7 Termination of subscription
7.1 We may terminate your subscription immediately if you are in material
breach of any of these terms and conditions and in particular upon any
failure by you to pay your subscription charge in accordance with these
terms and conditions. You may terminate your subscription at any time
on 30 days notice to us.
7.2 Any rights that have accrued to either party at the date of termination
will remain enforceable after termination.
8 General
8.1 Third party rights
Where in these terms representations and warranties are made to us and
to suppliers of goods and services through our site, you acknowledge and
agree that such representations and warranties are intended to grant rights
to, and operate for the benefit of, all such suppliers and that each such
supplier may rely upon and enforce such representations and warranties
against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
8.2 Variations
We reserve the right at any time without notice to revise the content
of our site (including the services offered by us) and these terms and
conditions. Any changes to these terms and conditions will be posted on
our site and by continuing to use our site following any such change you
will signify that you agree to be bound by the revised terms and conditions
of use.
8.3 Credit card security and registration
We use a secure server that implements Secure Socket Layer technology
(certified to the standard for encrypted credit card transactions stipulated
by Verisign Inc) to prevent any person from gaining access to your credit
card or registration information whilst it is on our site or being transmitted
across the internet.
If you discover that goods or services have been ordered from a supplier
over our site using your credit card details in circumstances where you
had not agreed to or authorised this, then (provided you have not, through
failure to take reasonable care, allowed an unauthorised person to gain
access to your credit card details, purchaser ID or password) our suppliers
are required to refund to you the money they receive provided that: (a)
you inform your credit card company and us of the unauthorised purchase
as soon as you discover it; and (b) you co-operate with your credit card
company, the supplier, us and, if necessary, the police in relation to
the unauthorised use.
8.4 Taxes
We have made every effort to make clear whether the quoted prices for
goods and services available through our site include any relevant tax
or duty or do not. Where in any case it is not clear please note before
you make an order that you might be required to bear a liability to tax
or duty (for example value added tax) imposed by the supplier or by operation
of law that is in addition to the price.
8.5 The use of your information
You agree that we may collect, store, and use information about you in
accordance with our privacy policy. You acknowledge and agree to be bound
by the terms of our privacy policy.
8.6 Copyright
All rights in the design, text, graphics and other material on our site
and the selection or arrangement thereof are the copyright of us or other
third parties. Permission is granted to electronically copy and print
in hard copy portions of our site solely in connection with the acquisition
of goods or services through our site. Any other use of materials on our
site (including reproduction for purposes other than those noted above
and alteration, modification, distribution, or republication) without
our prior written permission is strictly prohibited.
You hereby grant to us a perpetual royalty-free, irrevocable licence to
copy, issue copies, communicate to the public, make publicly available
and include in a cable programme service (either in whole or in part or
in a modified or edited form) any material you up-load or post to our
site (whether to a chat room, bulletin board or otherwise). You acknowledge
and agree that such material is not up-loaded or posted subject to any
obligation of confidence.
8.7 Trade marks
We are the proprietor of the" FARMSHOP UK.COM" trade mark in
the UK and other countries. All other trade marks, product names and company
names or logos used in our site are our property or that of their respective
owners. No permission is given by us in respect of the use of any such
trade marks, get-up, product names, company names, logos or titles and
such use may constitute an infringement of the holder's rights.
8.8 Access
We reserve the right in our sole discretion to deny users access to our
site or any part of our site without notice and to decline to provide
the service to any user that is in breach of these terms and conditions
of use.
8.9 Events beyond our control
We shall not be liable to you for any breach of these terms and conditions
of use or any failure to provide or delay in providing our services through
our site resulting from any event or circumstance beyond our reasonable
control including, without limitation, strikes, lock-outs and other industrial
disputes, breakdown of systems or network access, fire, explosion or accident.
8.10 Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings
or claim of whatever nature arising out of or in any way relating to them
or their formation) shall be governed by and interpreted in accordance
with English law and, for these purposes, the parties irrevocably submit
to the exclusive jurisdiction of English courts.
8.11 Unenforceability
The enforceability or otherwise of any provisions of these terms and conditions
shall not affect the enforceability of the rest of these terms and conditions.
9 Definitions
In these terms and conditions:
9.1 'our site' means our presence on the Internet;
9.2 'our', 'we' and 'us' means Farmshop.uk.com Limited and, where applicable,
its officers, employees and authorised agents; and
9.3 'you' and 'your' include any business with which you are associated
and on behalf of which you use our site ('your business').
