Access to this Site and Changes
- Access to and use of the www.ShopperVista.igd.com website ("this Site") is provided by us subject to these Site Terms. "We" "us" and "our" refer to The Institute of Grocery Distribution, a company limited by guarantee in England and registered in England and Wales under number 00105680 with registered office at Grange Lane, Letchmore Heath, Watford, Herts, WD25 8GD. We provide this Site either in our own capacity or, where stipulated, as agent for IGD Services Limited, a company registered in England under number 03357260 with registered office at Grange Lane, Letchmore Heath, Watford, Herts, WD25 8GD. "You" or "your" refers to the person who uses any part of this Site.
- Your use of any part of this Site constitutes your acceptance of these Site Terms which takes effect on the date on which you first use this Site. If you do not agree with these Site Terms, you should cease using this Site immediately.
- We reserve the right to change these Site Terms at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this Site after changes are posted constitutes your acceptance of the amended Site Terms.
- You are responsible for all access to this Site through your Internet connection and for bringing these Site Terms to the attention of all persons accessing this Site through your Internet connection.
- You must not interfere with another person's use of this Site or otherwise act in a way that negatively affects another person's use of this Site.
- You shall not use this Site in any way which in any respect:
- is in breach of any statute, regulation or byelaw of any applicable jurisdiction;
- impersonates any other person or body or misrepresents a relationship with any person or body;
- may infringe or breach the copyright or any intellectual property rights or privacy or other rights of us or any third party;
- may be contrary to our interests; or
- involves your use, delivery or transmission of any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- If you are asked for details of a payment card, you must be fully entitled to use that card. The card must have sufficient funds to cover the proposed payment to us.
- You shall fully and promptly indemnify us and keep us indemnified against all liabilities, claims, losses, damages, demands, injuries, charges, fines, proceedings, costs and expenses (including legal expenses) that we may suffer or incur as a direct or indirect result of any breach by you of any obligation on you under these Site Terms.
Availability of This Site, Security and Accuracy
- Whilst we endeavour to make this Site available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period. We make no warranty that your access to this Site will be uninterrupted, timely or error-free.
- Access to this Site may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of this Site for any reason. If we impose restrictions on you personally, you must not attempt to use this Site under any other name or user.
- We do not warrant that this Site will be compatible with any or all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of this Site or your obtaining any material from, or as a result of using, this Site. We shall also not be liable for the actions of third parties in breaching any security measures.
- We may change or update this Site and anything described in it without notice to you.
- Whilst we endeavour to ensure that information and materials on this Site are correct, no warranty (except as expressly provided in the terms and conditions for our supply of goods or services to you for a fee) or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. If you place an order through or as a result of using this Site, you are responsible for ensuring that your order contains all necessary and accurate information.
- Subject to paragraph 16, the material contained on this Site is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on this Site shall not constitute any part of an offer or contract. Nothing on this Site should be relied on as statements or representations of fact. You must satisfy yourself as to the correctness of any statements made in relation to anything on this Site.
- The contents of this Site are intended for convenience only. Nothing on this Site shall constitute advice specific to your circumstances or a recommendation. The material contained on this Site should not be used as the deciding factor for any business decision and any business or other decision you take on the basis of the Site, or any material contained on it, is your responsibility. We do not suggest that any product or service mentioned on this Site is either available to you or complies with laws outside of England.
Our supply of products or services
- Supply of our goods or services referred to on this Site shall be governed by our terms and conditions applicable to the sale or supply of those goods or services, which may override these Site Terms to the extent of any conflict.
Our liability to you
- We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that we cannot exclude or limit at law.
- Our liability in relation to our supply of any good or service on, from or as a result of using this Site for which you pay a fee shall be set out in the relevant terms and conditions for that supply.
- To the extent permitted by law and subject to paragraphs 16, 17 and 18 above:
- our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of this Site or any material in it or accessible from it or from any action or decision taken as a result of using this Site or any such material shall be £10; and
- we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of the use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of data; and any such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, sub-paragraphs (b) to (l) inclusive apply whether such losses are indirect or consequential or otherwise.
- The IGD name and logo and all other brands, names, logos, marks and slogans on this Site are the trade marks or service marks of us or our licensors.
Third Party Websites
- Although we have sought to carefully select any site to which a link from this Site exists, we have no control over and accept no responsibility for the content of such linked sites (unless we are the provider of those linked sites). The links are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within such sites. We do not provide any endorsement or recommendation of any third party site to which this Site provides a link.
- You must not without our permission either (a) frame any of this Site onto your own or another person's website or (b) provide a deep link to this Site that bypasses the home page of this Site.
- We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of this Site, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
- you shall not make any warranties or representations about us, our services, our goods, our data, our software or our policies except with our prior express authorisation;
- you shall not say or imply anything that is false, misleading, derogatory or offensive about us or our services;
- you shall not suggest expressly or implicitly that we have endorsed your site or are associated with it where this is not the case; and
- we reserve the right to revoke the licence (a) immediately for any reasons given in 23-A to 23-C above or (b) on five business days written notice for any other reason.
Use of User Names and Passwords
- You may need to use a username and password for your access to, or enabling your colleagues or employees to access, restricted areas of this Site, in which case this section of the Site Terms applies to you.
- A customer who accesses a restricted part of this Site requiring use of usernames and passwords may need to appoint an employee to allocate usernames and passwords or submit usernames and passwords to us on behalf of other authorised users in his or her organisation. In that event, you must ensure that you as the employee have authority to do so or you as an authorised user have given that employee the right to do so.
- You must at all times keep your username and password strictly confidential and secure.
- You must not choose a password which can be readily guessed.
- You shall not disclose or allow others to have access to your username or password without our prior permission.
- If you think you may have lost or allowed a third party to see or use your username or password, you must inform us immediately.
- You shall be responsible for all use of this Site made under your username.
- We may require that your username or password is changed from time to time.
Use of your computer for access to subscription services
- You shall not allow others to have access to your computer to access a subscription service provided on this Site without our prior permission, unless you are the authorised user or the authorised employee acting on behalf of the authorised user.
- If you think a third party has used your computer, you must inform us immediately.
- You shall be responsible for all use of this Site made using your computer.
- If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Site Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- If you want to contact us for any reason, please contact us by e-mail at firstname.lastname@example.org by telephone at 01923 857141, by fax at 01923 852531 or by post at the above address.
English law and jurisdiction
- These Site Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with English law. You submit to the non-exclusive jurisdiction of the English courts to settle any dispute which may arise under these Site Terms (including any non-contractual dispute). We shall also have the right to bring a claim in the jurisdiction in which you are based.