Use of Website Terms and Conditions
This site tms.premiernutrition.co.uk (the “Site”) is provided by AB Agri Limited with company number 193800 and whose registered office address is at Weston Centre, 10 Grosvenor Street, London W1K 4QY, United Kingdom (the “Company”). The Company is a part of the Associated British Foods plc group of companies and its main trading address is at Brereton Business Park, The Levels, Rugeley, Staffordshire WS15 1RD.
Access to the Site
Access to and use of the Site is subject to the following terms. Please read them carefully before using the Site.
By using the Site you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Site. If you do not agree to be legally bound by all the following terms please do not access and/or use the Site.
You must treat your username and password as confidential and you must not disclose them to any third party. We have the right to disable any username or password at any time if in the Company’s opinion you have failed to comply with any of the provisions of these Terms.
From time to time, the Company may restrict access to some parts of the Site to users who have registered with the Site.
Changes to these terms
The Company may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by the Company. Your continued use of the Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Use of the Site
no documents or related graphics on the Site are modified in any way;
no graphics on the Site are used separately from the corresponding text; and
the Company's copyright and trade mark notices and these terms and conditions appear in all copies.
You shall not:
except to the extent expressly permitted under these Terms, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of this Site in any form or media or by any means;
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of this Site;
access all or any part of this Site in order to build a product or service which competes with this Site;
use this Site to provide services to third parties;
license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make this Site available to any third party; or
obtain, attempt to obtain, or assist any person in obtaining, access to this Site other than as permitted under these Terms.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including without limitation photographs and graphical images) are owned by the Company or its licensors. Any use of extracts from the Site other than in accordance with clause 4.1 is prohibited.
You agree to use the Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.
You are responsible for ensuring that all persons who access the Site through your internet connection and any of your employees who have been granted access to the Site by You (“Authorised Users”) are aware of these Terms, and that they comply with them. An obligation on you to do, or to refrain from doing, any act or thing shall include an obligation on you to procure that your Authorised Users also do, or refrain from doing, such act or thing.
If you breach any of these terms, the Company may, at its discretion, immediately suspend or terminate your right to use the Site.
Disclaimers and Limitation of Liability
The Site’s content, including the information, names, images, pictures, logos and icons regarding or relating to the Company and/or its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The Company may make changes to the material of the Site at any time without notice. The material on the Site may be out of date, and the Company makes no commitment to update such material.
The Company will not be liable if for any reason the Site is unavailable at any time for any period.
The advice and information provided on the Site (“Information”) is not intended to be relied upon in isolation, whether for making any decision relating to your business or farming policies or practices or otherwise, and is intended to be used as one of a number of considerations in relation to which you will make such decisions. To the maximum extent permitted by law, you accept that all use of and reliance on any Information shall be at your sole risk and that the Company shall not be liable, whether in contract, tort or otherwise, for the consequences of your use of or reliance on any Information.
Under no circumstances will the Company, or any of its group companies and the officers, directors, employees, shareholders or agents of any of them be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise):
loss of data;
loss of revenue or anticipated profits;
loss of business;
loss of opportunity;
loss of goodwill or injury to reputation;
losses suffered by third parties;
loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site; or
any indirect, consequential, special or exemplary damages arising from the use of or inability to use tms.premiernutrition.co.uk regardless of the form of action.
The Company does not warrant that functions contained in the Site content will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.
If your use of the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
The names, images and logos identifying the Company or third parties and their products and services are subject to copyright, design rights and trade marks of the Company and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of the Company or any other third party.
As part of the service offered to you on the Site, the Company will collect data from your premises in accordance with the Opt-in Declaration that you signed in order to register on the Site. The Company reserves the right to collect, use and sell such data as well as the information and data generated using the Site in a form that does not personally identify you, to improve its products, services and technology.
Further to paragraph 7.1, by submitting any contribution to the Site, you warrant that your contribution:
is your own original work and that you have the right to make it available to the Company for all the purposes specified above;
is not obscene, threatening or defamatory;
is not technically harmful; and
does not infringe any law.
The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of this clause 7.
Information about your visits to the Site
If there is any conflict between these terms and specific terms appearing elsewhere on the Site then the latter shall prevail.
If any of these terms are 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 in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
These terms shall be governed by and construed exclusively in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the Courts of England, including the seeking of all injunctive or ancillary relief actions.
Issue date: [May 2017]