Terms & Conditions
The following Terms and Conditions apply to the shop4support site®.
- Throughout these Terms and Conditions as a user or prospective user of the Site
or the Services (as defined below) you are referred to as “You” or are described
as “A User” or “The User”.
- By accessing or using the Site you the User are consenting to and accept without
limitation or qualification that you will be bound by these Terms and Conditions.
- shop4support is the trademark and operating name of shop4support Limited whose registered
office is at 1 Smithy Court, Pemberton, Wigan, WN3 6PS. In these Terms and Conditions
“s4s” means shop4support Limited.
- The User means an individual (whether in his or her personal capacity or as the
representative of a corporate body (whether incorporated with limited or unlimited
liability) or on behalf of a partnership or limited liability partnership or on
behalf of a public body of any type) who enters the Site and/or accesses and/or
uses any Data or Services available on the Site. In these Terms and Conditions “You”
refers to a User.
- The Site means the web-site (or URL) entitled shop4support and accessed via the
address:
www.shop4support.com /
www.shop4support.co.uk / www.shop4support.org.uk
/ www.shop4support.org
- Data means all or any information which is contained in or represented by or referred
to in, but not exhaustively, text, calculations, spreadsheets, drawings, sketches,
plans or by any other means and which is input to any of the Services by any party
or which otherwise appears in the Site.
- Services means the online software facilities and tools provided by shop4support
Limited on the Site to enable Users to undertake the various activities offered
within the Site, including but not exclusively online shopping and the associated
transaction processes: budget management: support planning: information search:
storage and retrieval and social networking.
Introduction
s4s owns and operates the web site referred to above and which
provides information enabling Users of the Site to sell or purchase products and
services from or to other sellers and purchasers, via the Internet and to provide
the Services. Access to the Site is provided to and use is permitted by the User
on a temporary basis. Access to some parts of the Site, or the entire Site, may
be denied or restricted from time to time. s4s is entitled to withdraw or amend
the Services provided on the Site without notice. Whilst s4s will use reasonable
endeavours to provide uninterrupted availability s4s will not be liable to you as
a User if the Site, or any part of it, is unavailable at any time or for any period.
Your Account
Following registration You will be provided with a username and password. You are
responsible for maintaining the confidentiality of your account and it is strongly
recommended that you change your password on receipt and make every effort to keep
your password safe. You should not disclose, transfer or sell your username to any
other person. If You have reason to believe that unauthorised disclosure of your
password has occurred, You should change your password immediately and contact info@shop4support.co.uk
s4s has the right to disable any User identification name, code or password, whether
chosen by You or assigned to You, if s4s believes You have failed to comply with
any provision of these Terms.
shop4support reserves the right at any time and at its absolute discretion:
- to access the Site and the Services and to access User Data contained by or represented
on the Site by means of the username and password of a User in order to provide
help and assistance to any User or to remove any harmful, illegal, obscene or otherwise
offensive (or in s4s unfettered discretion potentially harmful, illegal, obscene
or otherwise offensive) Data from the Site;
- to advise You or any other User that s4s believes an order to which that User may
be subject has been placed, procured or arranged in circumstances or by means which
are unlawful, misleading, unfair or otherwise in breach of these Terms and Conditions;
- to shut down the Site and/or the Services and/or any of the Services upon giving
such notice to You or other Users as is possible in the circumstances and in s4s
absolute discretion for the purposes of review, maintenance, repair, upgrade, replacement
or substitution of the Site or of the Services. Without limiting other remedies,
s4s may immediately issue a warning, suspend or terminate your account or refuse
to provide the Services to You:
- if it is suspected that You (by conviction, settlement, insurance or escrow investigation,
or otherwise) have engaged in fraudulent activity in connection with the Services;
- if You breach these Terms and Conditions;
- if s4s is unable to verify or authenticate any information You provide;
- if s4s believes that your actions may cause legal liability to You, other Users
or s4s;
- if you are found to be insolvent or bankrupt.
You agree not to knowingly:
- Use any device, software or technique to interfere with or attempt to interfere
with the proper working of the Site;
- post or transmit to the Site any unlawful, fraudulent, harassing, libellous or obscene
information of any kind;
- post or transmit to the Site any information that contains a virus , bug or other
harmful item;
- publish, perform, distribute, prepare derivative works, copy, reverse engineer or
use the content of the Site or Services or otherwise in any manner whatsoever exploit
or seek to exploit the Site or any content appearing on it for your own commercial
purposes (other than as expressly permitted herein);
- post or transmit to the Site any information in violation of another party’s copyright
or intellectual property rights;
- take any action which imposes an unreasonable or disproportionately large load on
the Site’s technical infrastructure;
- redeliver any of the content of the Site using “framing”, hyperlinks or other technology
without s4s express written permission;
- use any device or technology to provide repeated automated access to password protected
portions of the Site or Services;
- manipulate or attempt to manipulate the price of any product or service or interfere
with other Users transactions.
Security
s4s uses industry standard practices, including encryption, “firewalls” and Secure
Socket Layers, to safeguard the confidentiality of your data and protect against
unauthorised access by users both inside and outside s4s and other companies that
assist it in the provision of the Site, its content or the services. However, as
with any Internet product, s4s cannot guarantee or warrant that the transmission
of data is 100% secure.
Ownership of Data
Ownership of your User Data shall vest in and shall remain vested in You but You
hereby grant a non-exclusive, irrevocable license to s4s to use this Data for the
purpose of service provision under these Terms and Conditions and for any purpose
necessarily or reasonably connected with the Services including the right for s4s
to use and disclose User Data to any company or business that may assist it in the
provision of the Site, its content or the Services.
On termination of use of the Services or at any time on request by You, all User
Data will be made available to You. s4s shall be permitted to retain such copies
of all User Data as are reasonably necessary in order to continue to comply with
its obligations under these Terms and Conditions, for purposes of record keeping
or as required by law.
Ownership of Data generated by s4s shall vest in and shall remain vested in s4s
and s4s hereby grants a non-exclusive, irrevocable license to You to use s4s’ Data
for the purpose, but not further or otherwise, of carrying out and completing projects
to which such s4s’ Data relates. You shall be permitted to retain copies of such
s4s’ Data for such period of time and to use such s4s’ Data for such purpose as
enables You to comply with your obligations whether under these Terms and conditions
or as otherwise required by law.
Any material You post or upload to the Site will be considered non confidential
and non proprietary. s4s shall have the right to use, copy, distribute and disclose
to third parties such material for any purpose. s4s shall have the right to disclose
your identity to any third party claiming that any material posted or uploaded constitutes
a breach, infringement or other violation of their intellectual property right,
or of their right to privacy. You will be solely responsible for the content of
any material you upload or post to the Site and You will indemnify s4s in respect
of any liability it may incur as a result of such uploading or posting.
Information Control
Commentary and other material posted on the Site is not intended and shall not constitute
advice on which reliance should or may be placed. s4s disclaims all responsibility
and liability arising from any reliance placed on any material by any User or other
visitor to the Site. s4s is not responsible for any information provided by other
Users which is made available through the Site. You may find other User’s information
to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense
and practice safe trading when using the Site.
Nothing in this Agreement shall impose any liability whatsoever upon s4s to check
and/or to verify User Data or, without prejudice to the generality of this provision,
in relation to inaccuracies, errors, duplications, omissions in or from User Data
or any discrepancies whether within or between different items of User Data.
Limited Liability
Under no circumstances will s4s be liable or responsible for any indirect, incidental,
consequential (including, without prejudice to the generality of this provision,
damages for loss of business, lost profits, litigation, or the like), special, exemplary,
punitive or other damages, arising under, out of or in connection with these Terms
and Conditions, whether by reason of breach of any provision of these Terms and
Conditions, s4s negligence or otherwise however or whenever occurring and notwithstanding
any representation made by You or any other User to s4s as to the likelihood of
such loss or damage prior to entering into these Terms and Conditions. s4s assumes
no responsibility and shall not be liable for any damages to, or viruses that may
infect your computer equipment or other property on account of:
- your access to or use of the Site or Services;
- your downloading of any materials, data, text or images from the Site;
- Viruses, Trojans, Bots, Dialers, logic bombs, Popups or other malicious code which
may enter the Site otherwise than by Users;
- impairment in the performance of any system, hardware component, peripheral and/or
software belonging to or used by You or any other User and caused by or resulting
from actual or perceived incompatibility between any such item and the Site;
- corruption, irrecoverability or loss of Data resulting from any of the above, save
where caused by the negligence omission or other default of s4s under the Terms
and Conditions;
- all conditions, warranties and other terms which might otherwise be implied by statute,
common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred
by You or any other User in connection with the Site or in connection with the use,
inability to use, or results of the use of the Site, any websites linked to it and
any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by
tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect the liability of s4s for death or personal injury arising from
its negligence, nor its liability for fraudulent misrepresentation or misrepresentation
as to a fundamental matter, nor any other liability which cannot be excluded or
limited under applicable law.
The material displayed on the Site is provided without any guarantees, conditions,
or warranties as to its accuracy. Any of that material may be out of date at any
given time and s4s shall have no obligation to update that material. You shall be
solely responsible for all and any loss or damage whatsoever suffered or incurred
by You or any third party to whom You may provide services based on, or connected
with or by reason of the operation of Site or of any of the facilities provided
on or through Site and which is caused by and/or results from and/or arises out
of (whether in whole or in part) the quality and/or safety and/or legality of any
products or services supplied or provided by You as User, the truth and/or accuracy
of information provided by You and/or any failure by You and/or any supplier on
behalf of You to comply with any agreed supply or delivery dates. You shall indemnify
and shall hold s4s harmless from all and any loss, damage, liabilities, costs, fees,
expenses, penalties, claims and or demands suffered or incurred (as the case may
be) by s4s however and whenever caused by or arising as the result of or in connection
with any of the matters covered by this clause.
Viruses, Hacking and other offences
- You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic
bombs or other material which is malicious or technologically harmful. You must
not attempt to gain unauthorized access to our site, the server on which the Site
is stored or any server, computer or database connected to the Site. You must not
attack the Site via a denial-of-service attack or a distributed denial-of service
attack.
- By breaching this provision, You would commit a criminal offence under the Computer
Misuse Act 1990. s4s will report any such breach to the relevant law enforcement
authorities and will co-operate with those authorities by disclosing your identity
to them. In the event of such a breach, your right to use the Site will cease immediately.
- s4s 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 the Site or to your downloading of any material posted on it, or on any website
linked to it.
Limited Warranty
Whilst s4s uses reasonable efforts to include accurate and up to date information
within the Site, s4s assumes no liability or responsibility for any errors or omissions
in content of the Site.
s4s does not guarantee continuous, uninterrupted or secure access to the Site and
access to the Site may be interfered with by a number of factors outside of its
control. Whilst s4s aims to provide a full uninterrupted service, “as is” and “as
and when” available, and to the extent permissible by law it excludes all implied
warranties, conditions or other terms as to skill and care or timeliness of performance.
Intellectual Property Rights
- s4s is the owner or the licensee of all intellectual property rights on the Site,
and in the material published on it. Those works are protected by copyright laws
and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from the Site
for your personal reference and you may draw the attention of others within your
organization to material posted on the Site.
- You must not modify the paper or digital copies of any materials you have printed
off or downloaded in any way, and You must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any accompanying text.
- s4s’ status (and that of any identified contributors) as the author of material
on the Site must always be acknowledged.
- You must not use any part of the materials on the Site for commercial purposes without
obtaining a licence to do so from s4s or our licensors.
- If You print off, copy or download any part of the Site in breach of these terms
of use, your right to use the Site will cease immediately and You must, at the option
of s4s, return or destroy any copies of the materials You have made.
Copyright Notice
You should assume that everything You see or read on the Site or within the Services
is subject to copyright unless otherwise noted and may not be used without the written
permission of s4s except as provided in these Terms and conditions or in the text
displayed within the Site.
Trademark Notice
s4s trademarks service marks and logos which include: any which s4s may hold from
time to time (Trademarks) are registered and unregistered Trademarks of s4s. Unless
otherwise noted, all other Trademarks displayed within the Site are the trademarks,
service marks or logos of their respective owners.
Termination
Any User who has access to the Site with a view to supplying goods or services may
terminate its account for the use of the Site at any time on 30 days notice. s4s
may terminate any User’s account for the Use of the Site at any time on 30 days
notice (except where termination is because the User is failing or has failed to
act in accordance with one or more of the requirements set out in these Terms and
Conditions in which case termination may be effected by s4s immediately).
Where termination occurs as the result of a User notice or s4s notice (and where
the ground for termination is not default by the User in relation to these Terms
and conditions or otherwise, and where such grounds for termination do not exist)
then the following consequences shall occur:
- The User shall within 30 days of the date of the termination notice pay to s4s all
monies outstanding and due to s4s from the User in relation to the use by the User
of the Site prior to termination (which sum shall, to avoid doubt, be a debt and
shall be enforceable as such); and
- upon receipt of such payment (and as soon as reasonably practicable if no such payment
is due) s4s shall return to the User (via a medium to be agreed at the time between
s4s and the User) copies of all or any User Data held by s4s, or otherwise; and
- the User’s rights of access to the Site shall forthwith cease and the username and
password shall be invalidated by s4s.
Where termination occurs as the result of a s4s notice and where the ground for
that termination is User default in relation to these Terms and conditions or otherwise
(or where the grounds for such termination exist), the following consequences shall
occur:
- The User’s rights of access to the Site shall forthwith cease and the username and
password shall be invalidated by s4s; and
- the User shall within 30 days of the date of the termination notice pay to s4s all
monies outstanding and due to s4s from the User in relation to the use by the User
of the Site prior to termination (which sum shall, to avoid doubt, be a debt and
shall be enforceable as such); and
- in the event that s4s shall consider that it has suffered or may suffer any loss
or damage (or other detriment whatsoever) as the result of the action, omission
or default of the User which gave rise to the termination notice) s4s shall be entitled
to retain all or any User Data held in the site and not deliver it up to the User.
s4s shall only be required to deliver any such Data to the User either when such
loss or damage has crystallised and adequate compensation has been paid to s4s by
the User whether as the result of proceedings in the courts or otherwise, or when
prior to such crystallisation a binding compromise has been reached between s4s
and the User in relation to the subject matter of the loss or damage which resulted
from the action, omission or default of the User giving rise to termination.
Concerns
If You have any concerns about material which may appear on the Site, for example
where you believe it is or may be misleading or defamatory, You should address your
concerns for the attention of the managing director at
info@shop4support.com immediately. Delay in making contact may serve to
increase or aggravate any problem (whether giving rise to a claim in law or not)
and therefore, You must make contact as soon as possible where a concern arises.
When making contact please provide as much detail about your concern as possible
and ensure you provide your name, address, your e-mail address and telephone number
so that s4s is able to contact you. s4s will consider your concerns carefully and
will use reasonable endeavours to remove the offending material as soon as possible
if your concern is justified.
Severability
If any provision or clause in these Terms and Conditions shall be declared invalid,
unenforceable or illegal by the courts of any jurisdiction to which it is subject,
such provision may be severed and such invalidity, unenforceability or illegality
shall not prejudice or affect the validity, enforceability and legality of the remaining
provisions or clauses in these Terms and Conditions.
Waiver
Any relaxation, forbearance, indulgence or delay (together “indulgence”) by s4s
in exercising any right conferred on it by these Terms and Conditions shall not
be construed as a waiver of such right and shall not affect its ability subsequently
to exercise that right or to pursue any remedy, nor shall any indulgence constitute
a waiver of any other right.
Applicable Law
To the extent possible under applicable law, this Agreement shall be governed by
the laws of England and shall be subject to the non-exclusive jurisdiction of the
English courts.
Notices
Unless otherwise stated notices to shop4support should be sent to: shop4support
Limited, 1 Smithy Court, Pemberton, Wigan, WN3 6PS.
Revisions and Variations
s4s may at any time revise these Terms and Conditions by updating the Terms and
Conditions stored on the Site. You are bound by any such revisions and should therefore
periodically visit this page to review the current Terms and Conditions.