The headings in this agreement are for convenience only and shall not affect its interpretation. |
| 1 |
INTRODUCTION |
| 1.1 |
Vega Nutritionals Ltd (“Vega”) has developed, maintains and owns this website (“Site”). This Site provides any person accessing it (“Users”) information or services related to Vega products. Vega is a United Kingdom registered company (No. 3323920) whose registered office address is 41 Central Avenue, West Molesey, Surrey, KT8 2QZ. |
| 1.2 |
Please read the following Site Terms and Conditions (“Terms”) carefully before accessing or using this Site, as they may affect Users rights and liabilities under the law. By accessing or using this Site, Users agree that they have read, understood and accept to be bound by these Terms. |
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| 2 |
ACCESS & INFORMATION |
| 2.1 |
Users may browse and use any freely available information or services provided on this Site. To access some of the information or services provided on this Site, Users may be required to register as an authorised User of this Site. Vega reserves the absolute right to prevent Users from accessing this Site or to refuse or terminate registration to this Site or any part of this Site. |
| 2.2 |
No information provided on this Site shall be construed as advice or to seek to diagnose, treat or cure diseases, or to replace medical advice. Users should obtain any appropriate professional advice relevant to their particular circumstances. |
| 2.3 |
Vega reserves the absolute right to suspend, modify or terminate, temporarily or permanently, the information or services provided, or any part thereof, at any time, and from time to time, with or without prior notice. Users agree that Vega shall not be liable to them or to any third party for any suspension, modification or termination of the information or services provided on this Site. |
| 2.4 |
Users agree not to use this Site in any way that causes or is likely to cause this Site or access to it to be interrupted, damaged or impaired in any way. |
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| 3 |
EXCLUSIONS AND LIMITATIONS |
| 3.1 |
Vega does not represent or warrant that access to this Site will be uninterrupted, error free or will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new information or services. |
| 3.2 |
Vega does not represent or warrant that this Site or the server that makes it available is virus free. Users will be solely responsible for any damage, expense or loss caused to their data, network connection, computer system or computer-related software or equipment, that may result from access to this Site and/or the download of any information or material from this Site. |
| 3.3 |
The information on this Site is provided on an “as is” basis, without any endorsements or representations made and without warranties of any kind, express or implied, including, but not limited to, about the completeness, accuracy, reliability, suitability or availability with respect to this Site or the information, products, services, or related graphics contained on this Site for any purpose. Any reliance Users place on such information is therefore strictly at their own risk. |
| 3.4 |
In no event will Vega be liable for any damage, expense or loss, including, but not limited to, any direct, indirect, incidental, special, consequential or other exemplary damage, expense or loss of whatsoever kind arising out of or in connection with the use of this site or reliance on its content. |
| 3.5 |
Vega does not represent or warrant that information or services provided on this Site are appropriate or available for use in territories outside the United Kingdom. If Users choose to access this Site from territories outside the United Kingdom, they do so on their own initiative and are responsible for compliance with local legislation and regulations. |
| 3.6 |
The above exclusions and limitations apply only to the extent permitted by law, and does not exclude liability for death or personal injury caused by Vega’s negligence. None of Users statutory rights as a consumer that cannot be excluded or limited are affected. |
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| 4 |
SECURITY AND PRIVACY |
| 4.1 |
By accessing or using this Site, Users agree to the terms of Vega’s Website Privacy Policy ( click here), and by submitting voluntarily any personal data or information to this Site, Users consent to the collection, use, storage or disclosure of any such data or information in accordance with this Policy. |
| 4.2 |
Vega takes the security of its computer systems and the privacy of Users personal data or information very seriously and constantly reviews its security procedures to ensure the best possible service to Users. |
| 4.3 |
The United Kingdom Government has created specific laws and offences for unauthorised actions against computer systems and personal data or information. Vega shall investigate any such actions with a view to prosecuting and/or taking legal proceedings to recover damages against persons responsible. |
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| 5 |
COPYRIGHT & INTELLECTUAL PROPERTY |
| 5.1 |
All aspects of this Site, including, but not limited to, the design, text, graphics, the selection and arrangement thereof, all software compilations, underlying source code and all other material on this Site are copyright of Vega or their licensor’s, and are protected by the United Kingdom and other international copyright laws. |
| 5.2 |
In accessing and using this Site, Users agree that any information or material saved or downloaded is only for future personal non-commercial use or reference, they may not otherwise copy, modify, reproduce, store, distribute, transmit or use any of such information or materials for public or commercial purposes, without the express prior written consent of Vega, except in the case of authorised Users taking materials from a secure section of this Site. All copyright and other proprietary information contained in downloaded materials must be preserved and retained. |
| 5.3 |
All trademarks, names, logos and service marks (collectively “Trademarks”) displayed on this Site are registered Trademarks of Vega or their licensor’s. Any use including framing, metatags or other text utilising Vega’s or their licensor’s Trademarks is strictly not allowed without the express written consent of Vega or their licensor’s. |
| 5.4 |
Nothing contained on this website should be construed as granting, whether express or implied, any licence or right to use any Trademarks without the express prior written consent of Vega or their licensor’s. |
| 5.5 |
Misuse of Trademarks on this Site and in its contents, except as provided in these Terms, is strictly not allowed. Users are advised that Vega or their licensor’s will aggressively enforce their intellectual property rights on this Site and its contents to the fullest extent of the law. |
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| 6 |
EXTERNAL LINKS |
| 6.1 |
No hypertext links shall be created from any website controlled by Users or otherwise to this Site without the express prior written consent of Vega. If Users do create a link to this Site, they will do so at their own risk and the exclusions and limitations set in clause (3) above will apply to their use of this Site by linking to it. |
| 6.2 |
Vega may provide external links to other websites or resources for Users convenience. Vega does not monitor or review the content of these websites or resources, and an inclusion of any link does not imply approval or endorsement by Vega of its content, services or other materials on or available from such websites or resources. Vega shall not be responsible or liable, directly or indirectly, for any damage, expense or loss caused or alleged to be caused by or in connection with the use of or reliance of any such content, services or other materials. |
| 6.3 |
These Terms apply only to this Site and not to the websites of other companies or organisations that link through this Site, which may have their own terms and conditions that Users must agree to separately. |
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| 7 |
PUBLIC FORUMS AND SUBMISSIONS |
| 7.1 |
Vega shall not be responsible or liable for any information or material submitted or posted by Users to the public areas of this Site, including, but not limited to, bulletin boards, chats, discussions, postings, transmissions, or any other public area found on this Site. Any information or material submitted or posted by Users is not approved, endorsed or reviewed by Vega. Vega reserves the absolute right to remove any information or material submitted or posted by Users in public areas of this Site, with or without prior notice. |
| 7.2 |
Users further agree not to use this Site to submit or post any information or material; that is illegal, libellous, defamatory, obscene, objectionable, offensive, menacing or that is otherwise injurious to third parties; that is in breach of copyright, trademarks, confidence, privacy or any other right; that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law. Users agree to indemnify Vega or any third party against any damage, expense, liability or loss of whatever nature which Vega or any third party may suffer which is caused by or attributed to, whether directly or indirectly, the use of this Site by Users to submit or post any such information or material. |
| 7.3 |
Vega shall fully cooperate with any government law enforcement agency or court order requesting or directing Vega to disclose the identity of anyone submitting or posting any such information or material or trying to mislead others as to the identity or origin of any communications. |
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| 8 |
CONTRACTS |
| 8.1 |
All contract of sales made on this Site will be governed by Vega’s Standard Terms and Conditions of Sale ( click here). No contract of sale will be formed until an order or purchase has been acknowledged and accepted by Vega. |
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| 9 |
GENERAL |
| 9.1 |
These Terms, the Privacy Policy or any other agreement constitute the entire agreement between Users and Vega and supersede any and all other agreements, representations and understandings, whether written or oral. |
| 9.2 |
The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract between Users and Vega, in order that no contractual rights are conferred onto third parties, however, this shall not affect any rights of third parties which exists or is available apart from that Act. |
| 9.3 |
If any clause or provision of these Terms is determined to be invalid, unenforceable or illegal for any reason, including, but not limited to, the exclusions and limitations set in clause (3) above, than the invalidity of that clause or provision will not affect the validity of the remaining clauses or provisions of these Terms, which will remain in full force and effect. |
| 9.4 |
Vega shall not accept liability for any failure to comply with these Terms where such failure is due to circumstances beyond their reasonable control. |
| 9.5 |
Vega may amend or modify these Terms, with or without prior notice, from time to time, and such amendments or modifications will be deemed effective immediately upon posting on this Site. Users should regularly review these Terms for any amendments or modifications, and by continuing to access and use this Site, Users agree that they have read, understood and accept to be bound by these Terms, after any such amendment or modification. |
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| 10 |
GOVERNING LAW AND JURISDICTION |
| 10.1 |
These Terms shall be governed by English law (excluding choice of law principles). |
| 10.2 |
The Courts of England shall have sole jurisdiction to settle any disputes, which may arise out of or in connection with these Terms. |
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| 11 |
COMMENTS OR QUESTIONS |
| 11.1 |
If Users have any comments or questions concerning this Site, these Terms or the Privacy Policy, please contact Vega ( click here). |
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Last Updated August 2008 |