TERMS OF USE

1 Our contract

1.1
By using or subscribing to our site you enter into a binding contract with us on the following terms and conditions.
 

2 Our promises
 

2.1
We will permit you to access, use and interact with our site subject to these terms and conditions.
 

2.2 We will:

2.2.1
Exercise reasonable care in compiling our site;

2.2.2
Use reasonable efforts to make our site available to you at all times; and

2.2.3
Take the steps set out in our privacy policy [ LINK TO PRIVACY POLICY] to endeavour to secure any personal data and credit card information you give us.

3 Exclusions and limitations.

3.1
We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.

3.2
We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.

3.3

We do not represent or warrant that:
 

3.3.1
Any services (whether or not provided by us) will be provided with due care and skill; or

3.3.2
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).

3.4
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:

3.4.1
Any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;

3.4.2
The unavailability of our site (or any part of it), goods or services;

3.4.3
Any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;

3.4.4
Any goods not being of merchantable quality or fit for their intended purpose; or
 

3.4.5
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).

3.5
Our maximum liability to you 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 by you or on your behalf 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.

3.6
You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase information, goods or services through out site you will enter into a separate contract with the supplier in each case.

3.7
None of the exclusions or limitations in this clause 3 shall exclude or restrict our liability for death or personal injury caused by our negligence.

3.8
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.

3.9
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
 

4 Site subscription and charges
 

4.1
Subscription to our site is free. All other charges are for advertising purposes only and are shown in the relevant sections.

5 Links to other sites

5.1
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.

6 Termination of subscription

6.1
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.

6.2
Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

7 No commercial use

7.1
You agree that you will use our site only for your own personal or internal business purposes and that you shall not exploit our site or any of its contents for any commercial purpose.

8 General

8.1
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

8.2.1
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

8.3.1
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.

8.3.2
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

8.4.1
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

8.5.1
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 [ SEE PRIVACY POLICY].

9 Copyright

9.1
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.

9.2
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.

10 Trade marks

10.1
All 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.

11 Restrictions

11.1
You are prohibited from posting or transmitting to or from the Website any material:

11.1.1
That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

11.1.2
For which you have not obtained all necessary licences and/or approvals; or

11.1.3
Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

11.1.4
Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

11.2
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 11.1

12 Access

12.1
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.

13 Events beyond our control

13.1
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.

14 Applicable law and jurisdiction

14.1
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.

15 Unenforceability

15.1
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.

16 Definitions

16.1
In these terms and conditions:

16.2
"our site" means our presence on the Internet;

16.3
"our", "we" and "us" means Agvendor and, where applicable, its officers, employees and authorised agents; and

16.4
"you" and "your" include any business with which you are associated and on behalf of which you use our site.