- 1. Introduction
- 2. Further terms
- 3. Accessing our Site
- 4. Reliance on information posted
- 5. Our Site changes regularly
- 6. Exclusion of Warranties
- 7. Our liability
- 8. Information about you and your visits to our Site
- 9. Uploading or posting material to our Site
- 10. Rights you license
- 11. Viruses, hacking and other offences
- 12. Linking to our Site
- 13. Links from our Site
- 14. Copyright, Trade Mark and Intellectual Property
- 15. Materials on our Site
- 16. General
- 17. Jurisdiction and applicable law
1. Introduction
1.1 This website (“our Site”) is operated by a member of the Premier Foods group of companies (“we“, “us“, “our“, “Premier Foods“), the ultimate holding company of which is Premier Foods plc (registered in England and Wales with company number 05160050 and registered address Premier House, Centrium Business Park, Griffiths Way, St. Albans, Hertfordshire, AL1 2RE, United Kingdom).
1.2 This page (together with the documents referred to on it) tells you the terms of use (“Terms of Use“) on which you may make use of our Site and any services provided to you or from our Site (collectively known as the “Services”). Please read these Terms of Use carefully before you use our Site.
1.3 Permission to access and use our Site and its Services is granted subject to your acceptance of these Terms of Use. By using our Site or any of the Services, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, you must not access and use our Site and Services. The Terms of Use apply to all users of our Site including users who also contribute video or photographic content, information and other materials or services to our Site.
1.4 You may not use our Site or the Services if you are not of legal age to form a binding contract (i.e. under 18 years of age) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.
1.5 You should print off or save a local copy of the Terms of Use for your records.
1.6 To contact us, please do so via our Contact Us form.
2. Further terms
2.1 These Terms of Use refer to the following additional terms, which also apply to your use of our Site:
a. Our Acceptable Use Policy, which applies to any material you upload or share to our Site or generate on our Site.
b. Our Privacy Policy, which explains how we collect, use and store your personal data.
c. Our Cookie Policy, which sets out information about the cookies on our Site.
3. Accessing our Site
3.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We will not be liable if for any reason our Site is unavailable at any time or for any period.
3.2 If you choose, or you are provided with, a user identification code, 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 user identification code or 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 of Use.
3.3 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 of Use, and that they comply with them.
3.4 Without limiting any other rights we may have, we may restrict, suspend or remove your access to our Site (on a temporary or permanent basis) if we reasonably suspect that you have materially or repeatedly breached any of these Terms of Use (including but not limited to the Acceptable Use Policy) or where we are required to do so by law or a court order.
4. Reliance on information posted
4.1 The content on our Site is provided for general information only and is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. You must obtain specific professional or specialist advice before doing anything on the basis of the content on our Site.
4.2 If you access our Site from outside the UK, no representation or warranty is made as to whether the information available on our Site complies with the regulatory regimes of your country of access.
5. Our site changes regularly
5.1 We aim to update our Site regularly, and may make changes at any time to reflect changes to our products, our users’ needs or our business priorities. We will try to give you reasonable notice of any major changes.
5.2 Although we make reasonable efforts to update the content on our Site, it may be out of date at any given time, and we are under no obligation to update such content. Users should verify the accuracy of information before relying on it.
6. Exclusion of Warranties
6.1 The material displayed on our Site and the Services are provided “as is” and without any guarantees, conditions or warranties, whether express or implied, as to its accuracy.
6.2 In particular we do not represent or warrant to you that:
a. your use of our Site or Services will be uninterrupted, timely, secure or free from error;
b. any information obtained by you as a result of your use of our Site or Services will be accurate or reliable; or
c. that defects in the operation or functionality of any software provided to you as part of our Site or Services will be corrected.
7. Our liability
Whether you are a consumer or business user
7.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user
7.2 To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
a. all conditions, warranties, representations and other terms that may apply to our Site or any content on it and which might otherwise be implied by statute, common law or the law of equity;
b. any loss or damage of any kind incurred by any user, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use our Site or any sites linked to it or the use of, reliance upon, inability to use, or results of the use of any content on our Site; and
c. in particular we will not be liable for (in each case whether direct, indirect or consequential):
i. loss of income or revenue;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. loss of data;
vi. loss of goodwill, reputation or business opportunity; and
vii. wasted management or office time.
If you are a consumer user
7.3 We only provide our Site for your domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.4 Subject to Section 7.3, if we are in breach of these Terms, we will only be liable to you for any foreseeable loss or damage caused by us or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
7.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may affect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading any material or content on it, or on any website linked to it. Nothing in these Terms of Use shall affect any statutory rights which you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
8. Information about you and your visits to our Site
We process information about you in accordance with our Privacy Policy.
9. Uploading or posting material to our site
9.1 Whenever you make use of a feature that allows you to upload or post material (including any videos, pictures, or text), each a “Submission” to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such material does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. To be clear this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
9.2 Subject to Section 10, any material you upload or post to our Site will be considered non-confidential and not protected by any trade mark, patent or copyright (“non-proprietary“). We have the right to disclose your identity to any third party who is claiming that any material uploaded or posted by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
9.3 Information and materials uploaded by other users have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values. We will not be responsible, or liable to any third party, for the content or accuracy of any materials uploaded or posted by you or any other user of our Site.
9.4 We have the right to remove any material you upload or post to our Site if, in our reasonable opinion, such material does not comply with the content standards set out in our Acceptable Use Policy. If you wish to contact us in relation to content you have uploaded to our Site and that we have taken down please contact us via our Contact Us form.
9.5 You retain all of your ownership rights in your Submissions, but you are required to grant limited licence rights to us and other site users (see Section 10 “Rights you license” below).
9.6 We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our Site violates their intellectual property rights or their right to privacy.
9.7 You understand and agree that you are solely responsible for your own Submissions and any other material you upload or post to our Site and the consequences of uploading, posting or publishing them. Unless clearly indicated otherwise, we do not endorse any Submission you upload or post or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with your Submissions (or the Submissions of any other users of our Site).
9.8 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licences, rights, consents, and permissions which are required to enable us to use your Submissions for the purposes of the provision of the Services, and otherwise to use your Submissions in the manner contemplated by our Site and these Terms of Use.
9.9 You are solely responsible for backing up your material and Submissions.
10. Rights you license
10.1 When you upload or post a Submission to our Site, you grant:
a. us a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Submission in connection with the provision of the Services, including without limitation for promoting and redistributing part or all of our Site (and derivative works thereof) in any media formats and through any media channels; and
b. to each user of our Site, a worldwide, non-exclusive, royalty-free, licence to access your Submissions through our Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions to the extent permitted by the functionality of our Site and under these Terms of Use.
10.2 The above licences granted by you are irrevocable unless our Site provides you with functionality to remove or delete your Submissions from our Site, in which case the above licences granted by you are terminated when you remove or delete such Submission.
11. Viruses, hacking and other offences
11.1 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 interfere with, damage or disrupt any software used in the provision of our Site or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack our 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. 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.
11.2 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 site linked to it.
11.3 We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.
12. Linking to our Site
12.1 Unless we clearly indicate on our Site or you have our specific prior written permission:
a. you may only link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
b. you must not establish a link from any site that is not owned by you;
c. our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page;
d. we reserve the right to withdraw linking permission without notice; and
e. the site from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
12.2 If you wish to make any use of material on our Site other than that set out above, please complete our Contact Us form.
13. Links from our Site
13.1 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents or availability of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such sites or resources.
13.2 We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy policy of each other site that you visit.
14. Copyright trademark and intellectual property
Save in relation to your Submissions or other users’ Submissions, we are the owner or the licensee of all intellectual property rights in our Site, and in all the material published on it, including without limitation all trade marks, names and logos. These works are protected by intellectual property rights laws and treaties around the world. All such rights are reserved. Nothing on our Site should be considered to be granting a licence to use any of the above mentioned rights without our express written consent.
15. Materials on our Site
15.1 Visitors to our Site must not:
a. copy, reproduce, republish, download, distribute, display, sell, license, post, broadcast, transmit, distribute, store or otherwise use or exploit the material on our Site or our Site itself (i) for any commercial purpose; (ii) for incorporation in any other work or material whether in hard copy or electronic or any other form; (iii) to make them appear part of any third party’s site or electronic database or retrieval system; or (iv) in any other way or purpose whatsoever except for viewing, printing or saving a back-up copy to your local hard disk for your own personal, non-commercial use;
b. use our Site or the material on our Site in any other way without our prior written permission; or
c. do anything which causes damage to our Site.
15.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
15.3 Where the use of materials from our Site is permitted under these Terms of Use, our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged (except where the content is user-generated).
15.4 You must not use any part of the materials on our Site for commercial or political purposes without obtaining express written consent to do so from us or (if appropriate) our licensors.
15.5 If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15.6 If you have any concerns about material which appears on our Site, please complete our Contact Us form.
16. General
16.1 In the event of any provision of these Terms of Use being or becoming void in whole or in part the other provisions of these Terms of Use shall remain fully valid and enforceable and void provisions shall, where appropriate, be replaced in accordance with the meaning and purpose of these Terms of Use.
16.2 We may revise these Terms of Use at any time by amending this page. Each time you use the Site, please check this page to ensure you understand the terms that apply at that time. We will try to give you reasonable notification of any significant changes we make to these Terms of Use.
17. Jurisdiction and applicable law
17.1 If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.2 If you are a business, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17.3 Notwithstanding this, you agree that we shall still be permitted to apply for injunctive remedies (or Premierfoods.co.uk other equivalent types of urgent legal remedy) in any jurisdiction.
Thank you for visiting our Site.