Nviron Webshop
Terms of Use
1. Legally binding agreement
1.1.This page applies to all users of, and visitors to, our website under the domain [insert domain] (“our site”). References in these terms and conditions to “you” mean any such user or visitor, whether or not you are entitled to register to use the site in accordance with clause 5.1.
1.2.This page tells you the terms and conditions on which you may access and use any part of our site. Please therefore read these terms and conditions carefully before you start to use the site. Your use of our site means that you accept, and agree to abide by, the provisions of these terms and conditions, which constitutes a legally binding agreement relating to your use of our site. This legally binding agreement applies whether or not you are eligible to register an account with us, and whether or not you choose to buy anything from our site. If you do not agree to these terms and conditions, you must not use our site.
1.3.By agreeing to comply with these terms and conditions, you are also agreeing to comply with all applicable laws relating to your use of our site.
1.4.We refer to these terms and conditions from this point as “these Terms”.
2. Information about us
2.1.Our site is operated by Nviron Limited (referred to in these Terms as “us”, “we” or “our”), which is a company registered in England and Wales under company number 02294787 with its registered office at Unit 6 Abbots Park, Monks Way, Preston Brook, Runcorn, England, WA7 3GH.
2.2.We are registered with the Information Commissioner’s Office for the purposes of applicable Data Protection legislation.
3. Changes to these Terms
3.1.We may revise, supplement and/or replace these Terms at any time, to take effect from the date of posting on our site or (if applicable) notifying you otherwise. You are expected to check these Terms from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our site.
4. Accessing and using our site
4.1.Our site is made available only for an Approved Business to order goods (see clause 5.1). You must not use the site for any other purpose (including in connection with any commercial promotions).
4.2.We allow you to access our site as it may exist and be available on any given day. We have no other obligations to you, except as expressly stated in these Terms, in our Privacy Policy (to the extent applicable), and (if you order goods from our site), our Terms and Conditions of Sale.
4.3.We aim to ensure that access to our site is available 24 hours a day, but we do not guarantee that access to it will be uninterrupted or that our site will be error free. In particular, the operation of our site may be interrupted from time to time for maintenance, updates or technical improvements.
4.4.We aim to update our site regularly and may change the content at any time. From time to time, access to some parts of our site, or our entire site, may be restricted or suspended. We may at any time, in our absolute discretion and without prior notice, modify or replace our site or close or suspend it indefinitely.
4.5.You are responsible for ensuring that you have all necessary equipment and communication facilities to enable you to have access to our site.
4.6.Our site should be used within the United Kingdom only. We make no representations that our site is appropriate for use in other locations or can be lawfully accessed or used in any other country. If you access or use our site from any other country then you do so at your own risk and you are solely responsible for compliance with any laws applicable to such country. We shall not be responsible, nor liable to you, for any legal consequences arising out of or in connection with your use of our site (or any activities arising from your use of our site) in any countries where any such use or activities are, or may be, criminal offences or otherwise unlawful. Accordingly, you must make your own informed decisions (at your sole risk) about the use of our site or undertaking any such activities in any such country and any potential adverse consequences.
4.7.When you use our site or download any material posted on it or (on any website linked to it), you agree to accept the risks of any loss or damage which may be caused by viruses, distributed denial-of-service attacks or other technologically harmful material that may infect your equipment, software, data or other proprietary material. You agree that it is your sole responsibility to take steps to prevent or lessen the impact of such things.
4.8.You may use our site only for lawful purposes. You must not use our site:
4.8.1.in any way that breaches any law or regulation;
4.8.2.in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.8.3.for the purpose of harming or attempting to harm any person or entity in any way;
4.8.4.to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
4.8.5.to harvest or attempt to harvest any data on our site (for example by way of scraping, spidering, crawling or other technology or any other specialist software used to harvest data).
4.9.Without prejudice to clause 4.8, you must not:
4.9.1.infringe our intellectual property rights or those of any third party in relation to your use of our site, including by the posting of any unauthorised material;
4.9.2.obtain (or attempt to obtain) unauthorised access to any part of our site or its content;
4.9.3.transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our site;
4.9.4.use our site in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
4.9.5.remove, circumvent, disable, damage or otherwise interfere with (nor attempt to remove, circumvent, disable, damage or otherwise interfere with) any security-related features of our site or any features of functionalities of our site which prevent or restrict use or copying of any part of our site or any of its content;
4.9.6.collect or harvest any information or data from our site or our systems or attempt to decipher any transmissions to or from the servers running our site;
4.9.7.probe, scan, or test the vulnerability of our site or any system or network on which it is stored or accessed;
4.9.8.use (or attempt to use) any spider, scraper, robot or other automated means to access (or attempt to access) our site for any purpose;
4.9.9.modify (or attempt to modify) our site or its content (or any part thereof) in any manner or form, other than by means of valid use of our site for its intended purposes;
4.9.10.copy our site or any content on it;
4.9.11.translate, merge, adapt, vary, alter or modify, the whole or any part of our site (nor attempt to do any such thing);
4.9.12.use (or attempt to use) any modified versions of our site;
4.9.13.permit (or attempt to permit) our site or any part of it to be combined with, or become incorporated in, any other programs (except as necessary to use our site on devices as permitted under these Terms);
4.9.14.disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of our site, nor attempt to do any such things;
4.9.15.delete (or attempt to delete) any copyright or other proprietary rights notices on our site; or
4.9.16.use (or attempt to use) any App or other product or software which interacts with (or which is intended to interact with) our site or which provides access (or attempts or purports to provide access) to our site or its content (or any part thereof), except as necessary to use our site on devices as permitted under these Terms.
4.10.You must also not access without authority, interfere with, damage or disrupt:
4.10.1.any part of our site;
4.10.2.any equipment or network on which our site is stored; or
4.10.3.any software used in the provision of our site.
4.11.We reserve the right, in our absolute discretion, to:
4.11.1.disable your use of, or access to, our site or any part thereof; and/or
4.11.2.terminate your account relating to the use of our site.
4.12.We may take any action referred to in clause 4.11 at any time without prior notice and for any reason. We shall have no liability to you where we take for any such action.
4.13.You must not transfer, rent, lease, sub-licence, loan, provide, or otherwise make available to anyone else, our site (in any form and in whole or in part) or your account or registration credentials relating to our site.
5. Registering to use our site
5.1.Only businesses which have been approved by us (an “Approved Business”) are eligible to register an account and place orders using our site. You must not place, or attempt to place, any orders on our site if you are an individual or if you are not an Approved Business.
5.2.[provisions regarding how to register]
6. Account security
6.1.If you choose, or you are provided with, a user name, password, registration code or any other piece of information as part of our security or registration procedures, you must treat this as confidential and you must not disclose it (or any other information regarding your access to or use of our site) to anyone else. You are fully responsible for all activities that occur under your username and password unless and until you notify us of a breach of your account security (by emailing us at [email address]), unless your account security was compromised due to a fault of our systems.
6.2.If you log in as a registered user on our site, you must:
6.2.1.log off from our site at the end of each session of use;
6.2.2.use particular caution regarding the security of your account when accessing your account from a public or shared computer (for example, you should not allow the computer to ‘remember’ your password);
6.2.3.take suitable precautions when using an unsecure internet connection (such as Wi-Fi) or portable devices;
6.2.4.immediately notify us (by emailing us at [email address]) of any unauthorised use of your username or password or any other breach of security relating to your account.
6.3.You must not sell, trade, disclose or otherwise transfer your account (or any access information regarding your account) to anyone else.
7. Intellectual property rights
7.1.The trade names and logos used on our site, together with all other intellectual property rights in our site and its features are owned by us and our licensors. All such intellectual property rights are reserved. Except to the extent expressly stated in these Terms (or where prior permission is obtained) you must not copy, modify, publish, transmit, distribute, perform, reproduce, license, create derivative works from, transfer, display or sell any such intellectual property or any of the other content or materials on our site.
7.2.We do not warrant or guarantee that our site or any part of it (including any content or messages uploaded by any users) will not infringe the rights of any third party, including any intellectual property rights.
8. Information about you
8.1.We process applicable information about you in accordance with our Privacy Policy. You promise that all information provided by you is accurate and that you lawfully entitled to provide us with all such information.
9. Uploading material to our site
9.1.Whenever you make use of a feature that allows you to upload material to our site, you upload any such material to our site at your own risk (subject to our obligations as set out in our Privacy Policy, if and to the extent applicable).
9.2.Any material you upload to our site will be considered non-confidential and you grant us a worldwide, everlasting, free right to use, copy, distribute and disclose to third parties any such material for any purpose in connection with our site, or for marketing purposes. You promise that you are fully entitled to upload such material to our site and to give us the rights stated in this clause 9.2.
10. Linking to our site
10.1.You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
10.2.You must not establish, or seek to establish, a link from any website or App that is not owned by you.
10.3.You must not copy or replicate or publish any part of our site for any purpose without our express prior consent.
10.4.We reserve the right to withdraw linking permission without notice. The website or App from which you are linking must comply in all respects with all applicable laws.
10.5.If you wish to make any use of material on our site other than that set out in these Terms, please send your request by email to [email address].
11. Links from our site
11.1.Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of or reliance on them. We also do not endorse any advertising, products or other materials on or available from such sites or resources.
12. Viruses, hacking and other offences
12.1.Without prejudice to clause 4.8, you must not misuse our site in any way. In particular, you must not:
12.1.1.knowingly transmit to or via our site 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;
12.1.2.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; or
12.1.3.attack our site via a denial-of-service attack or a distributed denial-of service attack.
12.2.By breaching clause 12.1, you could commit a criminal offence under the Computer Misuse Act 1990. We may 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.
13. Your liability to us
13.1.You must comply with all of your obligations in these Terms. You will be liable to us for any losses which we suffer as a result of any failure by you to do so.
14. Our liability to you
14.1.Without prejudice to any provisions of our Terms and Conditions of Sale, the material and information displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
14.2.To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity relating to these Terms or to the provision or use of our site.
14.3.We will not be responsible for, or have any liability for:
14.3.1.any matter which relates to you failing to observe any provision of these Terms; or
14.3.2.any loss or damage which is indirect or consequential.
14.4.Nothing in these Terms shall operate to restrict or exclude any liability of ours if and to the extent that such liability cannot be excluded or limited under any applicable law.
15. Matters outside of our control
15.1.Without prejudice to any other provision of these Terms, we will not be responsible or liable for any matters outside of our control, including where this causes problems with our site or its availability or in respect of the acts or missions of any third party (including other users of our site).
16. Breach of these Terms
16.1.A failure by you to comply with any of your obligations set out in these Terms may result (at our option) in our taking all or any of the actions:
16.1.1.immediate, temporary or permanent withdrawal of your right to use our site;
16.1.2.issue of a warning to you;
16.1.3.legal action against you;
16.1.4.disclosure of such information to law enforcement authorities as we reasonably feel is necessary;
16.1.5.any other action which, in our discretion, we deem appropriate in the circumstances.
17. Miscellaneous
17.1.These Terms comprise the entire agreement between you and us relating to your use of, and access to, our site. No other terms or conditions which you purport to apply shall have any effect. You acknowledge and agree that in agreeing to these Terms, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding other than as expressly set out in these Terms.
17.2.These Terms may not be varied except as otherwise expressly stated in these Terms.
17.3.No person or entity apart from you and us has any rights in respect of the agreement formed between you and us pursuant to these Terms.
17.4.You may not assign, transfer or delegate any rights or obligations under these Terms and any purported assignment, delegation or transfer by you shall be ineffective.
17.5.We may freely assign, transfer, sub-contract or delegate any or all of our rights and obligations under these Terms (including in respect of the provision of our site).
17.6.We may transfer all or any of our rights and obligations under these Terms (including in respect of the provision of our site or any part thereof) to another organisation. We will always tell you in writing if this happens.
17.7.These Terms are without prejudice to, and shall not operate to limit or exclude, your statutory rights.
17.8.If any provision of these Terms is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of:
17.8.1.such provision under the laws of any other jurisdiction; or
17.8.2.any other provision of these Terms.
17.9.Even if we delay in enforcing any part of these Terms, we can still do so later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.10.Any rights or remedies which you or we may have pursuant to these Terms are without prejudice to (and shall not limit or affect) any other rights or remedies which you or we may be entitled to in law or equity.
18. Interpretation of these Terms
18.1.In these Terms:
18.1.1.use of the words “including” and “include” or words of similar effect shall not the sense of the words preceding them;
18.1.2.use of the words “other” and “otherwise” are illustrative and shall not limit the sense of the words preceding them;
18.1.3.any reference to any legislative provision is a reference to it as it is in force from time to time (taking account of any amendment, extension or re-enactment) and includes any subordinate legislation for the time being in force made under it;
18.1.4.words importing the singular shall include the plural and vice versa; and
18.1.5.references to a numbered clause are to a clause of these Terms so numbered.
18.2.The headings in these Terms are for ease of reference only and shall not affect their construction or interpretation.
19. Jurisdiction and applicable law
19.1.These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
19.2.The courts of England and Wales will have non-exclusive jurisdiction over any claim arising from, or related to, these Terms or the use of our site.
20. Communications and notices
20.1.If you have any questions regarding these Terms, please contact us by sending an email to [email address].
20.2.You may also contact us using the relevant contact details shown on our site.
20.3.We may give notices relating to these Terms and/or our site by posting such notices on our site. We may also send you notices and otherwise contact you in connection with these Terms by email or by any other communications means using contact information you provide to us.