TERMS AND CONDITIONS OF USE

Who we are?

EXPORTASTE LTD

Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with E-taste Platform, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

EXPORTASTE LTD

Copyright notice

2.1 Copyright (c) 2016 Exportaste Ltd.

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

EXPORTASTE LTD

Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print product data and logistic data sheets; and

(d) print the purchase order from our website,

3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for business purpose, and you must not use our website for any other purposes.

3.4 Unless you own or control the relevant rights in the material, you must not:

(a) edit or otherwise modify any material on our website;

(b) republish material from our website (including republication on another website);

(c) sell, rent or sub-license material from our website;

(d) show any material from our website in public;

(e) reproduce, duplicate, copy or otherwise exploit material from our website for a commercial purpose; or

(f) redistribute material from our website, except for content specifically and expressly made available for redistribution (such as our newsletter). It may only be redistributed within your organisation.

3.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

EXPORTASTE LTD

Acceptable use 

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) 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;

(d) 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;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

EXPORTASTE LTD

Registration and accounts

5.1 To be eligible for an individual account on E-taste Platform under this Section 5, you must be at least 18 years of age.

5.2 You may register for an account with our website by completing and submitting the account registration form on our website.

5.3 You shall fully, accurately and truthfully provide the data requested on the form. Information that is marked mandatory must be provided.

5.4 We will examine the application for registration. If the outcome is positive, you will receive an email informing of the relevant user rights. Simultaneously, the account will be activated, allowing you to immediately use the platform. Transmission of the access data is deemed the acceptance of the application for registration.

5.5 We reserve the right to ban users whose data are incomplete or obviously wrong, as well as users who have registered by circumventing the form by technical means.

5.6 If the data requested change after registration, you shall be obliged to notify any such changes without a delay.

5.7 You must not allow any other person to use your account to access the website.

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

EXPORTASTE LTD

User login details

6.1 If you register for an account with E-taste Platform, we will provide you with a User ID and password to enable you to access restricted areas of our website or other content or services.

6.2 Your User ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or User ID for or in connection with the impersonation of any person.

6.3 The User ID and the password are not transferable to third parties.

6.4 You must keep your password confidential.

6.5 You must notify us in writing immediately if you become aware of any disclosure of your password.

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

EXPORTASTE LTD

Cancellation and suspension of account

7.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details,

at any time in our sole discretion without notice or explanation.

7.2 You may cancel your account on our website using your account control panel on the website or sending an email to [email protected]

EXPORTASTE LTD

Your content: licence 

8.1 In these terms and conditions, “your content” means all the personal and business information that you submit to our website and E-taste Platform.

8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and, with your specific consent, publish your content on and in relation to this website.

8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5 You may edit your content to the extent permitted using the editing functionality made available on our website or sending an email to [email protected]

8.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

EXPORTASTE LTD

Your content: rules

9.1 You warrant and represent that your content will comply with these terms and conditions.

9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

EXPORTASTE LTD

Pricing

10.1 When you place an order through this website, we will display approximate prices and quotations.

10.2 All prices lists and quotations are subject to change without prior notice due to currency fluctuations and/or any increase in transportation costs, fuel costs or taxes or fees chargeable for services at ports and airports.

10.3 Products and services will be invoiced at correct prices ruling on date of issue of the proforma invoice. Once the invoice has been issued, its price will not vary during the period of validity of the proforma invoice.

EXPORTASTE LTD

Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

EXPORTASTE LTD

Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 We will not be liable to you in respect of any special, indirect or consequential loss or damage due to any incorrect or inaccurate information you provided.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.7 We will not be liable to you in respect of any losses arising out of any acts or omissions of any hosting services provider or other third party services provider.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

EXPORTASTE LTD

Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;; or

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

EXPORTASTE LTD

Variation

14.1 We may revise these terms and conditions from time to time.

14.2 Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website.

EXPORTASTE LTD

Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

EXPORTASTE LTD

Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions 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.

EXPORTASTE LTD

Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

EXPORTASTE LTD

Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with our privacy policy, legal and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

EXPORTASTE LTD

Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with Scots law.

19.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Scotland.

EXPORTASTE LTD

Our details

20.1 This website is owned and operated by Exportaste Limited.

20.2 We are registered in Scotland under registration number SC529531, and our registered office is at 44 The Vennel, Linlithgow, EH497EU, West Lothian, United Kingdom.

20.3 You can contact us by writing to the business address given above; by using our website contact form; or by email to [email protected]