Website Terms & Conditions of Use
Website Terms & Conditions of Use
1. About Us and our Terms
1.1 We are Mark Vitow Ltd, a company registered in England and Wales under number 02425046. Our registered office is at: St John's Court, Easton Street, High Wycombe, HP11 1JX, United Kingdom. You can contact us on 020 8207 3784 or via email at sales@markvitow.com or the online ‘contact us’ form on the website.
1.2 These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). By using the Site, you agree to be bound by these Terms.
1.3 The Site includes an online portal for merchants (business users) for the purchase of plumbing, heating and bathroom supplies. That part of the Site is restricted to registered account holders and separate terms and conditions apply to sales through that portal.
2. Your Use of the Site
2.1 The Site is intended for use by merchants (business users) interested in plumbing, heating and bathroom supplies, primarily based in the UK.
2.2 As a condition of your use of the Site, you agree not to use the Site for any purpose that is unlawful under any applicable law or under these Terms. In particular, you agree not to use the Site in any way to: 1) distribute viruses or malware or other similar harmful software code or promote unsolicited advertising or send spam; 2) simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’); 3) act in any way that disrupts the operation of the Site or business or the website or business of any other person; 4) infringe the intellectual property rights of any person or make any false, defamatory or malicious statements about any person; 5) promote any unlawful activity (including but not limited to the promotion or sale of any unlawful goods or services); 6) act in any manner that harms minors; 7) represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; 8) gain unauthorised access to or use of computers, data, systems, accounts or networks; or 9) attempt to circumvent password or user authentication methods.
2.3 We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
2.4 If you believe that any content distributed or published by the Site is inappropriate or unlawful in any way, you should contact us immediately using the contact details at the top of this page.
3. Registration and Password Security
3.1 Use of the Site may require registration, particularly in order to access restricted areas of the Site. We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
3.2 You are responsible for making sure that your password and any other account details are kept secure and confidential.
3.3 If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
3.4 Any personal information you provide to us as part of the registration process will be processed in accordance with the privacy notice available on the Site.
4. Ownership, Use and Intellectual Property Rights
4.1 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and or our licensors. You must not use any of our intellectual property rights unless you have our prior written permission.
4.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
4.3 Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
5. Submitting Information to the Site
5.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
5.2 Other than any personal information which will be dealt with in accordance with our privacy notice, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
6. Accuracy of Information and Availability of the Site
6.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we do not guarantee that it will be or that it will be fit or suitable for any particular purpose.
6.2 While we try to make sure that the Site is available for your use, we do not guarantee that the Site will be available at all times or that your use of the Site will be uninterrupted or error-free. And, we may suspend or terminate access or operation of the Site at any time as we see fit.
6.3 Any Content is provided for general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical advice or any other type of advice or recommendation or endorsement and should not be relied on for any particular purpose. You should always use your own independent judgement when using the Site and its Content.
7. Links and third party sites
7.1 The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your information and convenience only. They are not an endorsement. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them.
8. Our Responsibility to You
8.1 If we breach these Terms or are negligent, we are liable to you for the foreseeable loss or damage that you suffer as a result, up to the total aggregate sum of £500. By ‘foreseeable’ we mean that, at the time the contract between you and us was formed, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
8.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any loss of profit, revenue, contracts or anticipated savings, or wasted expenditure, or any indirect, consequential or special loss or damage - in each case even if such loss was reasonably foreseeable.
8.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
9. General
9.1 We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
9.2 No one other than us or you has any right to enforce any of these Terms.
9.3 No changes to these Terms are valid or have any effect unless agreed by us in writing.
9.4 We reserve the right to vary or update these Terms from time to time. We will display our updated Terms on the Site and by continuing to use and access the Site following such changes, you agree to be bound by those changes. It is your responsibility to check for changes from time to time.
10. Complaints
10.1 If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page. We will try to resolve any disputes with you quickly and efficiently.
11. Law and Jurisdiction
11.1 These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, will be governed by, and construed in accordance with the law of England and Wales. We and you irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.