Legal Terms of use for Professional Supermarket.com

1.1 This website is owned and operated by Professional Supermarket.com which is a business name of Digital Dynasty LLP, a limited liability partnership incorporated in England and Wales under the Limited Liability Partnerships Act 2000 (number OC340698). Our registered address is Suite LG01, Chancery House, Chancery Lane, London WC2A 1QU
1.2 You can contact us by emailing us at contact@professionalsupermarket.com or by clicking here or by post at our registered office.
1.3 These terms of use govern your use of our website.
1.4 By using our website, you acknowledge and accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
1.5 If you are a consumer, your statutory rights are not affected by these terms of use.
   

2.1 Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
2.2 You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
2.3 You must not:
 
  • republish, copy or duplicate material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
  • post any illegal or offensive material or provide links to other websites containing such material;
  • use this website for sending junkmail, spamming or other similar matters;
  • use this website to offer anything other than the professional services that are intended without our prior written consent.
   

3.1 We reserve the right in our discretion to refuse you with access and use of this website.
3.2 You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.3 You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
3.4 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
3.5 You must not use our website to transmit or send unsolicited commercial communications.
3.6 We shall have no responsibility for any equipment or telecommunications services that you use to access this website.
3.7 We may deactivate your account where it has remained inactive for three months or where you have not paid any fee that is payable for services that we make available for a fee.
3.8 We may stop operating the website or sell our rights in the website at any time without providing notice to you.
3.9 We reserve the right to irretrievably delete any information or other user generated content placed on this website.
   

4.1 We do not provide legal, accountancy, conveyancying or similar professional services but merely provide a conduit for persons wishing to offer or acquire such services.
4.2 We make no warranty as to the suitability, qualification or experience of any person who is referred to or offers any services or goods on this website. You acknowledge that where you are looking to procure any good or services, it is your sole responsibility to satisfy yourself as to the suitability, qualifications and experience of any person that you may engage for your purposes.
4.3 Where you register or place any content on this website for the purpose of offering any legal, accountancy, conveyancing or other services, you will ensure that you have all appropriate qualifications and experience that are necessary to provide such services. Where applicable, you also ensure that you are registered with any body responsible for regulating the services that you offer and comply with all requirements of such regulatory body (for example and insofar as is relevant, current practising certificates and professional indemnity insurance) and any other statutory or legal requirements. You acknowledge that we may provide assistance and information that we hold to any regulatory body for the purposes of assisting them in any investigation relating to any type of misconduct.
   

5.1 Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
5.2 If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
5.3 We may disable your user ID and password in our sole discretion without notice or explanation.
   

6.1 In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
6.2 You will ensure that any information submitted to us (such as contact information, addresses, email addresses, payment information) and your user content is accurate and not misleading in any way and will update the same so that it remains so.
6.3 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content (but excluding any branding, logos or trademarks) in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
6.4 Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
6.5 You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
6.6 We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
6.7 Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
   

7.1 You agree that you will notify us if you become aware of an inappropriate behaviour on this website, such as the posting of offensive material. Such inappropriate behaviour will not be tolerated and is likely to result in an immediate ban from the use of this website and termination of registration.
7.2 We do not have any contractual obligation or technical means to verify the identity of any person who uses this website or any user generated content. We cannot be liable for false or misleading statements of persons who user this website. Accordingly, you must take appropriate steps to investigate user generated content if you intend on acting on it. “User generated content” is any content placed on this website by a user of the website other than us.
7.3 We are not responsible or liable if your identity is used by a third party. You should immediately notify us if there is any security breach or if you become aware that a third party is using your password.
7.4 We are not responsible for any acts or omissions of any third party who use your identification information or account. You agree to indemnify us against any claims of this kind.
7.5 You agree that you will not make available to any third parties your password or other activation codes.
   

8.1 Any trademarks, trade names, logos, animation, coding, text, images (which is not user generated content) is our intellectual property and you acknowledge that we reserve all rights in the same and will not challenge the ownership of such intellectual property.
8.2 You may not link this website to another, without our prior written consent. You may however, place a link on your personal profile page to your own website which provides more detail about the good and services that you have referred to in your profile page (which must accord with the type of good and services generally provided by professional service providers who are the subject of this website).
8.3 You agree that you will not use or reproduce any user generated content that is not your property without their written consent. You agree to indemnify the owner of such user generated content where you breach this provision and they shall be entitled to enforce this clause 8.3 against you in accordance with the Contract (Rights of Third Parties) Act 1999.
   

9.1 In order to access this website it will be your responsibility to ensure that you have the right technology and suitable internet access.
9.2 We reserve the right to suspend the operation and functioning of the website at any time for maintenance, improvements or other technical reasons without notice.
   

10.1 Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
10.2 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
   

11.1 Use of this website is currently free of charge. However, we may begin to charge for use of this website at any time and the chargeable price for use of this website shall take effect after we have posted the details of any pricing on the website.
11.2 In circumstances where we begin to charge for use of this website, you agree that we may deactivate your existing free account and that thereafter you will be required to pay any relevant charges for use of this website.
11.3 Where a charge becomes payable for use of this website, we may adjust charges from time to time however this will not affect any existing use of the site that have been paid for.
   

12.1 If you are a ‘consumer’ as defined in the Consumer Protection (Distance Selling) Regulations 2000 and are resident in the EU you may cancel any paid membership within 7 days of paying any fees for use of this website and we will provide you with a refund within 45 days. However, this provision shall not apply once you have begun to use the website.
   

13.1 Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
13.2 Subject to clause 13.1, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
 

    (a)   We will not be liable for any consequential, indirect or special loss or damage;

    (b)   we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, opportunity, data, or information;

    (c)   We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

    (d)   Our maximum liability in relation to any event or series of related events in connection with your use of this website will be limited to:
 
(i)   to the extent that the website and the information, services and your use of the website is provided free-of-charge, we will not be liable for any loss or damage of any nature; or
(ii)   in circumstances other than those referred to in clause 13.2(d)(i), an aggregate sum not to exceed the total amount that you have paid to us for your use of this website for the previous twelve months; or
 

To the extent that clauses 13.2(d) (i) or (ii) are held to be unenforceable, then our liability shall be limited to the minimum sum that is permitted by law. 

13.3 You agree that the terms contained within these terms of use and in particular this clause 13 are fair and reasonable.
13.4 In the event that we incur any liability to you, then you must provide us with a reasonable opportunity to remedy the matter before you incur any costs in remedying the matter yourself. If you do not, then we shall have no liability to you for the matter in which the liability arose.
13.5 In addition to us, this clause 13 applies to our employees, Members, officers, agents, subcontractors, service providers and related entities and shall be enforceable by them under the Contracts (Rights of Third Parties Act) 1999.
   

14.1 You hereby agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use or arising out of any claim that you have breached any provision of these terms of use.
   

15.1 Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website (without refund), prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
   

16.1 We may revise these terms of use from time-to-time. You acknowledge and agree that the revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page each time you access the website to ensure you are familiar with the current version.
   

17.1 We or third parties may provide links to other third party sites on this website. We do not review, endorse or recommend such websites, their content or the goods or services offered on them. You use them at your own risk.
   

18.1 We may transfer or assign our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
   

19.1 If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
   

20.1 Except as expressly provided, these terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
   

21.1 These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
   

22.1 These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.
   
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