Terms of Website Use

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.


What's in these terms?

These Terms of Website Use tell you the rules for using our website www.heatoncateringequipment.co.uk (our site).

Click on the links below to go straight to more information on each area:


·         Who we are and how to contact us.

·         By using our site you accept these terms.

·         There are other terms that may apply to you.

·         We may make changes to these terms.

·         We may make changes to our site.

·         We may suspend or withdraw our site.

·         Registration and accounts.

·         You must keep your account details safe.

·         How you may use material on our site.

·         Do not rely on information on our site.

·         The content of our site is not a contractual offer.

·         We are not responsible for websites we link to.

·         User-generated content is not approved by us.

·         When we are responsible for loss or damage suffered by you.

·         Rules about uploading content to our site.

·         Rights you are giving us to use material you upload.

·         We are not responsible for viruses and you must not introduce them.

·         Rules about linking to our site.

·         Acceptable use.

·         Which country's laws apply to any disputes?.


Who we are and how to contact us

www.heatoncateringequipment.co.uk is a site operated by Heaton Catering Equipment Limited ("We"). We are a limited company registered in England and Wales under company number 4608070, and have our registered office and trading address at 160 Heaton Park Road, Heaton, Newcastle upon Tyne, NE6 5AP, United Kingdom. Our VAT number is 806.1431.62.

We are regulated by the Financial Conduct Authority (FCA). Our registration number is: 724436. You may contact the FCA at: 25 The North Colonnade, Canary Wharf, London, E14 5HS, United Kingdom.

You can contact us by writing to the business address given above, by using our website contact form contact us, by email to service@heatoncateringequipment.co.uk, by telephone on +44 (0) 191 2656709, or by fax on +44 (0) 191 2656706.

 

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.


There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

·         Our Privacy and Cookie Policy , which sets out the terms on which we process any personal data we collect from you or that you provide to us, and information about the cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

·         If you purchase goods or services from our site, our Terms and Conditions of Sale will apply to the sales.

 

We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

If you do not agree with amended terms and conditions, you must stop using our site.

These terms were most recently updated on 29th Sept 2016.


We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.


We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business or operational reasons. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.


Registration and accounts

To be eligible for an individual account on our site, you must be at least 18 years of age. 

You may register for an account with our site by completing and submitting the account registration form on our site, and clicking on the verification link in the email that the site will send to you. 

You must notify us in writing immediately if you become aware of any unauthorised use of your account. 

You must not use any other person's account to access the site, unless you have that person's express permission to do so. 

We may:

·         suspend your account;

·         cancel your account; and/or

·         edit your account details, at any time in our sole discretion without notice or explanation. 

You may cancel your account on our website using your account control panel on the website. 


You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

You are responsible for any activity on our website arising out of any failure to keep your account details confidential, and may be held liable for any losses arising out of such a failure.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at service@heatoncateringequipment.co.uk.

Your user identification ID must not be liable to mislead and must comply with the content rules set out in Acceptable Use [INSERT AS LINK TO ACCEPTABLE USE]. You must not use your account or user ID for or in connection with the impersonation of any person.


How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

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.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Any reliance you place on such information is therefore strictly at your own risk.


The content of our site is not a contractual offer

The advertising of products on our website constitutes an ‘invitation to treat’ rather than a contractual offer. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

Prices stated on our website may be stated incorrectly.

The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.


We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.


User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us at service@heatoncateringequipment.co.uk.


When we are responsible for loss or damage suffered by you

Whether you are a consumer or a business user:

·         We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

·         Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale.

If you are a business user:

·         We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

·         We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

·         use of, or inability to use, our site; or

·         use of or reliance on any content displayed on our site.

·         In particular, we will not be liable for:

·         loss of profits, sales, business, or revenue;

·         business interruption;

·         loss of anticipated savings;

·         loss of business opportunity, goodwill or reputation; or

·         any indirect or consequential loss or damage.

·         We will not be liable to you in respect of any loss or corruption of any data, database or software.

If you are a consumer user:

Please note that we only provide our site to you for your domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


Rules about uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in Acceptable Use.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.


Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to:

·          use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media;

·         reproduce, store and publish your content on and in relation to our site and any successor site; and

·         reproduce, store and, with your specific consent, publish your content on and in relation to our site.

You grant a licence to third parties (including but not limited to other users, our partners or advertisers) to use your content for their purposes or in accordance with the functionality of our site.

You grant us the right to bring an action for infringement of the rights licensed under this section.

You waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

You may edit your content to the extent permitted using the editing functionality made available on our site.


We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. 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 our site will cease immediately.


Rules about linking to our site

You may link to our 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.

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.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in Acceptable Use.

If you wish to link to or make any use of content on our site other than that set out above, please contact service@heatoncateringequipment.co.uk.


Acceptable use

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

·         in any way that breaches any applicable local, national or international law or regulation;

·         in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

·         for the purpose of harming or attempting to harm minors in any way;

·         to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;

·         to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

·         to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

·         not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these  Terms of Website Use;

·         not to access or otherwise interact with our site using any robot, spider or other automated means;

·         not to use data collected from our site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, direct marketing); and

·         not to access without authority, interfere with, damage or disrupt:

·         any part of our site;

·         any equipment or network on which our site is stored;

·         any software used in the provision of our site; or

·         any equipment or network or software owned or used by any third party.

 

Interactive services

We may from time to time provide interactive services on our site such as but not limited to chat rooms or bulletin boards (interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.


Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

·         be accurate (where they state facts);

·         be genuinely held (where they state opinions);

·         comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

·         contain any material which is defamatory of any person;

·         contain any material which is obscene, offensive, hateful or inflammatory;

·         promote sexually explicit material;

·         promote violence;

·         promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

·         infringe any copyright, database right or trade mark of any other person;

·         be likely to deceive any person;

·         be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

·         promote any illegal activity;

·         be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

·         be likely to harass, upset, embarrass, alarm or annoy any other person;

·         be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

·         give the impression that they emanate from us, if this is not the case; or

·         advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.


Breaches of these Terms of Website Use

Report abuse

If you learn of any unlawful material or activity on our site, or any material or activity that breaches these Terms of Website Use, please let us know by emailing us at: service@heatoncateringequipment.co.uk.


Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms of Website Use through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with these Terms of Website Use constitutes a material breach of these Terms of Website Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

·         immediate, temporary or permanent withdrawal of your right to use our site;

·         immediate, temporary or permanent removal of any posting or material uploaded by you to our site; and/or your account on our site;

·         issue of a warning to you;

·         block computers using your IP address from accessing our site;

·         request to any or all your internet service providers to block your access to our site;

·         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;

·         further legal action against you; and/or

·         disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms of Website Use.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.


Which country's laws apply to any disputes?

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

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