Our website www.sussednable.com (“Our Site”) provides a forum in which suppliers can promote their goods/services, and users can post comments about the sustainability (or otherwise) of those goods/services.
You need to create an account with us (thereby making you a “Registered User”) before you can either promote goods/services on Our Site, or post comments on Our Site. A Registered User who pays to promote goods/services on Our Site is referred to in these terms and conditions as a “Supplier”. Please note that we reserve the right to refuse to accept applications to become a Registered User in our absolute discretion.
Part One of this page sets out the terms and conditions that apply all users of Our Site (including, without limitation, Registered Users). Part Two of this page applies only to Registered Users (including, without limitation, Suppliers). Part Three of this page applies only to Suppliers.
Please read the terms and conditions that apply to you carefully before applying to become a Registered User or otherwise using Our Site. By becoming a Registered User or otherwise using Our Site you agree to be bound by the terms and conditions contained herein that are applicable to your use of Our Site. If you do not agree to these terms and conditions, do not become a Registered User of, or otherwise use, Our Site.
Any reference to these terms and conditions means the entirety of these terms and conditions. You should print a copy of these terms and conditions for future reference.
INFORMATION ABOUT US
www.sussednable.com is a site operated by Sussednable Limited (“We” or “Us”). We are registered in England and Wales under company number 0647186 and have our registered office at 18 West Street, Banwell, Avon, BS29 6DA, United Kingdom. Our VAT number is GB 990 255 04.
1. Accessing Our Site
1.1 Our Site is made available on an “as is” basis. We cannot and do not warrant that Our Site will be permanently available or error-free. We reserve the right to postpone access to Our Site for the purposes of maintenance or error-correction at any time without notice. From time to time, We may restrict access to some parts of Our Site, or our entire site, to Registered Users.
1.2 You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.
1.3 Without prejudice to any other rights or remedies, We reserve the right to suspend your access to Our Site and services at any time upon a breach by you of any of these terms and conditions.
2. Suppliers listed on Our Site
2.1 You cannot purchase products/services directly from Our Site. If you wish to purchase a product/service that is listed on Our Site, you must contact the relevant Supplier direct. If you purchase any product/service from a Supplier, the contract of purchase will be between you and the Supplier. We will not be a party to any contract that comes into existence between you and any Supplier.
2.2 We provide no warranties whatsoever in relation to products/services promoted on Our Site by Suppliers. However, all Suppliers are required to give certain warranties about the quality of the goods/services they provide, by law. You can obtain full details of these statutory rights from your solicitor or local Citizens Advice Bureau. Your statutory rights are not affected by these terms and conditions.
2.3 We will not adjudicate over any complaint you may have in relation to products/services purchased from any Supplier. You should direct any complaints that you have about products/services you have purchased to the Supplier in question, or a relevant trade body.
3. Intellectual Property Rights
3.1 We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it (other than information uploaded by Registered Users). All such rights are reserved. You will not infringe any of our intellectual property rights. You will not copy or otherwise use our intellectual property rights in any way without our prior written consent.
4.1 Much of the messages, information and material (“Material”) posted on Our Site are provided by Registered Users (including, without limitation, Suppliers).
4.2 You acknowledge that we have no control over, and do not monitor, comments made on Our Site by Registered Users. Any of the Material on Our Site may be out of date at any given time. Accordingly, you acknowledge that We have no liability whatsoever for any loss or damage (including without limitation any loss or damage arising from defamation) you may suffer as a result of any comments posted on Our Site by any Registered User. We disclaim all liability and responsibility arising from any reliance placed on Material by you, or by anyone who may be informed of such Material.
4.3 We will not be liable for any loss or damage suffered by you as a result of or arising out of any contract between you and any Supplier or any other person, firm or company you may come into contact with through Our Site.
4.4 The Material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We hereby expressly exclude:
4.6 Further provisions as to liability relating to Registered Users and Suppliers are set out in Parts Two and Three of these terms and conditions.
5.1 You must not misuse Our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not 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. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
5.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will 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.
5.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
6. Links from Our Site
6.1 Where Our Site contains links to other sites and resources provided by third parties (including without limitation Suppliers), these links are provided for your information only. We have no control over the contents of these sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7.1 If We fail, at any time, to insist upon strict performance of any of your obligations in these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
7.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
7.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
8.1 In any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
9. Entire Agreement
9.1 These terms and conditions (and any document expressly referred to in them) represent the entire agreement between Us in relation to its subject matter and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.
10. Jurisdiction and Applicable Law
10.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or use of Our Site or our services. These terms and conditions are governed by English law.
11.1 In the event of any conflict, the terms in Part Two of this page will apply to Registered Users in priority to the provisions of Part One.
11.2 By applying to become a Registered User, you warrant that you are legally capable of entering into binding contracts, and that all information in your registration form is accurate, to the best of your knowledge and behalf.
12. Postings on Our Site
12.1 When posting any Material on Our Site, including without limitation information about products/services available for sale, you will comply with the provisions of this clause 13. You will indemnify Us against any losses arising from your breach of this clause 13.
12.2 We disclaim all liability and responsibility arising from any reliance placed on the Material posted on Our Site by you or any Registered User.
12.3 Any Material you upload to the public areas of Our Site (other than your payment and registration details) will be considered non-confidential and non-proprietary (unless it would be reasonably obvious to Us that this is not the case). You warrant that any such Material:
12.3.1 will not contain any obscene, defamatory, abusive, threatening or harassing material, or any pornographic, seditious, or blasphemous material or any material liable to incite racial or religious hatred;
12.3.2 will not breach any legislation or applicable law;
12.3.3 will not infringe any third party intellectual property rights; and
12.3.4 (in relation to Material either sent to other Registered Users or posted on the public areas of Our Site) will not contain or constitute unauthorised commercial communications, or “spam”.
12.4 We have the right to disclose your identity to any third party who claims that any Material posted or uploaded by you to Our Site constitutes a violation of their legal rights.
12.5 We reserve the right to remove any Material you have uploaded to Our Site which in our reasonable opinion is not in accordance with these terms and conditions or applicable law.
12.6 You acknowledge that all risks arising from any Material you post on Our Site rests entirely with you, including without limitation the risk of legal action against you if such Material constitutes an infringement of any third party rights, or is otherwise unlawful.
12.7 You will indemnify Us against all costs, claims, damages and losses that may arise out of your dealings with other Registered Users or any other person, firm or company you may come into contact with through Our Site.
13.1 If you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any password, whether chosen by you or allocated by Us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
14. Written Communications
14.1 When using Our Site, you accept that communication with Us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing.
15.1 All notices given by you to Us must be given to Sussednable Ltd, at firstname.lastname@example.org or at 18 West Street, Banwell, Avon BS29 6SA,United Kingdom. We may give notice to you at either the email or postal address you provide to Us when registering as a Registered User, or in any of the ways specified in clause 15. Notice will be deemed received and properly served immediately when posted on Our Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16. Data protection
16.1 Your personal data (as the same is defined in the Data Protection Act 1998) acquired by Us will be processed by Us or on our behalf in connection with the services on Our Site and (unless you have ticked the data protection opt out box on our registration page) may be used by Us for marketing other similar services to you.
17.1 We may obtain information about your internet usage by using a cookie file, which is a small text file stored on the hard drive of your computer. More information about cookies generally can be found at www.allaboutcookies.org. The cookie files that We use are for the following purposes: When you select “keep me logged in”, a cookie stores your user information so that you do not have to keep logging in each time you visit Our Site. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies, or by contacting Us. If you do not agree to our use of the cookie described above, please do not apply to become a Registered User. If you do apply to be a Registered User, you will be deemed to have given your consent to our use of the cookie described above.
18.1 In the event of any conflict, the terms in Part Three of this page will apply to Suppliers in priority to the provisions of either Part One or Part Two.
19. The Contract between you and us
19.1 You can apply to be a Supplier by filling in the appropriate form on Our Site and paying the applicable fee. You will be required to indicate your acceptance of these terms and conditions prior to submitting your application.
19.2 If your application is accepted by Us, a contract will be formed between you and Us (the “Contract”) in consideration of the mutual rights and obligations set out herein (including without limitation the payment, or prospect of payment, by you of fees to Us). These terms shall apply to and be incorporated into the Contract and will prevail over any inconsistent terms or conditions or referred to in any purchase order, confirmation or acceptance of a quotation provided by you, or implied by law, custom, practice or course of dealing.
20. Our Services
20.1 We will use reasonable care and skill in providing our services to you.
20.2 Upon becoming a registered Supplier you will be prompted to upload the relevant Material to promote your goods/services on Our Site. Please note that it is your responsibility to upload and maintain such Material, and it is your responsibility to respond to any attempt that other Registered Users may make to contact you. You warrant that all Material you upload onto Our Site is accurate and is not misleading in any way. You may upload hyperlinks from Our Site to your own website, but you cannot sell goods/services on Our Site.
20.3 You acknowledge that We are not and will not be a party to any contract that may come into existence between you and any Registered User who may purchase your goods/services or who you may otherwise meet or come into contact with through Our Site.
20.4 We cannot give any undertaking or warranty in relation to Registered Users generally. Furthermore, We cannot guarantee any amount of business for you as a result of your use of our services and Our Site.
20.5 You acknowledge that your personal data may be provided by Us to Registered Users who wish to contact you in relation to your products/services, as envisaged by Our Site, and you hereby consent to the same.
21. Supplier Obligations
21.1 You will:
21.1.1 Provide Us with such information in relation to our services as We may reasonably request, and cooperate with Us in all matters relating to our services.
21.1.2 Not mislead or attempt to mislead either Us or any other user of Our Site as to the quality and nature of your goods/services.
21.1.3 Not infringe any law or third party intellectual property rights in your use of, or activities in relation to, Our Site.
21.1.4 Perform any contract that you may enter into with other Registered Users or any other users of Our Site in accordance with all applicable laws (including, without limitation, in relation to your use of their personal data).
21.1.5 Indemnify Us against all costs, claims, damages and losses that may arise out of your dealings with other Registered Users or any other users of Our Site.
22.1 You can list one product or service on Our Site for 3 months for free. Any other products/services you wish to list (including without limitation the product/service that you may previously have listed for free for 3 months) are subject to an annual fee, details of which are set out on Our Site (the “Fee(s)”).
22.2 We reserve the right to charge VAT on our Fees (if applicable). We reserve the right to increase our Fees at any time upon giving you not less than one month’s prior notice. Changing the details of our Fees on Our Site will constitute sufficient notice to you for the purposes of this clause. Any Fee increase will not take effect until your next annual payment of Fees after notice of the change appears on Our Site.
22.3 Fees are payable annually in advance. Paying the applicable Fee will enable you to promote the products/services (to which the Fee paid by you relates) on Our Site for 12 months. You will not be able to promote your products/services on Our Site unless you have paid the applicable Fee. Prior to the end of said 12 month period, We will contact you and invite you to renew for another 12 months by paying the appropriate Fees. If you do not pay the appropriate Fees to renew your rights to promote products/services on Our Site, we reserve the right to remove all references to such products/services from Our Site.
23. Our Liability
23.1 Subject to the applicable provisions of clause 4:
23.1.1 our liability for losses you suffer as a result of Us breaching any term of the Contract is strictly limited to the total Fees actually paid by you in the six month period immediately preceding the date of the breach.
23.1.2 we will not be liable for any loss or damage suffered by you as a result of your dealings with any Registered User or any person, firm or company you have come into contact with through Our Site.
24.1 Without prejudice to any other rights or remedies which the parties may have, any party (the “Terminating Party”) may terminate the Contract immediately on giving notice to the other (the “Breaching Party”) if:
24.1.1 the Breaching Party commits a material breach of any of the terms of the Contract and (if such breach is remediable) fails to remedy the breach within 14 days of being notified in writing of the breach;
24.1.2 the Breaching Party becomes the subject of any Insolvency Event.
In this clause 24, “Insolvency Event” means, in relation to a party, its insolvency (including without limitation its being put, voluntarily or otherwise, into liquidation, administration or receivership or their equivalent under the laws of the territory in which the party is incorporated) or the proposal or approval of a voluntary arrangement or the occurrence of any event or circumstance which would entitle a Court or a creditor to (a) appoint a liquidator, administrative receiver, administrator or receiver; and/or (b) lawfully present a winding up petition or make a winding up order in accordance with the laws of the territory in which the party in question is incorporated.
24.2 On termination of the Contract for any reason, your rights to use our services and Our Site will immediately terminate. We will be entitled to invoice you for any Fees that have arisen and you will pay such Fees and any other outstanding invoices in accordance with our normal payment terms. The accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.
25. Transfer of rights and obligations
25.1 The Contract between you and Us is binding on you and Us and on our respective successors and assigns. The Contract is not intended to benefit, or be enforceable by, anyone else. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
26. Events outside our control
26.1 Neither party will be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (“Force Majeure Event”).
26.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond a party’s reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action; Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, Impossibility of the use of public or private telecommunications networks.
26.3 Performance under the Contract by the party affected by the Force Majeure Event (the “FM Party”) is deemed to be suspended for the period that the Force Majeure Event continues, and the FM Party will have an extension of time for performance for the duration of that period. The FM Party will use all reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
27. Pre-contractual representations
27.1 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiation between us prior to such Contract except as expressly stated in these terms and conditions.
27.2 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.