These terms and conditions (together with the documents referred to in them) (the "Terms") apply to your use of the Wiltshire Farm Foods website at www.wiltshirefarmfoods.com (the "Website") and to your relationship with us (apetito Limited) and our franchisees. By accessing this Website and/or placing an order for any of our products ("Products") you agree to be bound by these Terms. Please read them carefully.
Certain areas of this Website are only open to you if you register but using this Website indicates that you accept these terms regardless of whether or not you choose to register. If you do not agree to be bound by these Terms you may not use or access this Website.
This Website is owned and operated by apetito limited a company registered in England and Wales whose registered office is at Canal Road, Trowbridge, Wiltshire BA14 8RJ. Company Registration No. 233851. VAT No. 138176066.
OTHER APPLICABLE TERMS
These terms and conditions refer to and incorporate by reference, the following additional terms:
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Website. When using the Website, you must comply with this Acceptable Use Policy.
If you purchase Products from the Website, our Product Terms and Conditions
will apply to the sales.
USE OF THE WILTSHIRE FARM FOODS WEBSITE AND THESE TERMS
This Website is provided to you free of charge for your personal use subject to these Terms. The purpose of the Website is to provide you with details of our Products and also to enable you to contact your local Wiltshire Farm Foods outlet in relation to any requirements you may have.
All contracts for the supply of Products formed through our Website (or as a result of visits made by you) are governed by our specific Product Terms and Conditions. Your contract of purchase will be with one of our franchisees.
We may update these Terms from time to time. Any changes will be notified to you via an amendment to this page. You are therefore expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website. If you do not wish to accept the new terms and conditions you should cease using the Website. If you continue to do so, after the date on which the changes come into effect, your use will indicate your agreement to be bound by the new terms and conditions.
Unless otherwise stated, the copyright and other intellectual property rights in the Website, and all materials published on it (including without limitation photographs and graphical images) are owned by us. The names “Wiltshire Farm”, “Wiltshire Farm Foods” and apetito are trade marks of apetito Limited. You may not reproduce or store any such material on any other website or include it in any public or private electronic retrieval system or service without our prior written permission. You may print one copy of the content for your own personal use provided that you keep intact any copyright or proprietary notices and our status (and that of any identified contributors) as the authors of the material on the Website are always acknowledged.
Any rights not expressly granted in these Terms are reserved.
You must not modify the paper or digital copies of any materials you have printed off, copied 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.
You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website (or part of this Website) may be suspended temporarily by us from time to time and without notice in the case of system failure, maintenance, new facilities or services or repair or for reasons beyond our control.
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
We shall not be liable for any telephone or other costs that you may incur due to the Website being unavailable for any period of time for any reason.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and that they comply with them.
VISITOR MATERIAL AND CONDUCT
Whenever you make use of a feature that allows you to upload content to this Website, or to make contact with other users of this Website, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
We have the right to remove any posting you make on this Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by others users on this Website do not represent our views or values.
We do not guarantee that this Website will be secure or free from bugs or viruses, and 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 Website or to your downloading of any material posted on it, or on any website linked to it.
You are solely responsible for securing and backing up your content, and for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse this Website 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 Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 Website will cease immediately.
LINKS TO AND FROM OTHER WEBSITES
Where our Website contains links to third party websites they are provided solely for your convenience and information only. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites, or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them and we do not accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
LINKING TO OUR WEBSITE
You may 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.
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.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact us using the email address listed on the Website in the “Contact us” section.
To register on our Website you must complete the required registration and be legally capable of entering into binding contracts and be 18 years of age or over.
Each registration is for a single user only. You must not share your user name and password with any other person or with multiple users on a network.
You are responsible for any activity or order that occurs or is submitted under your email address or your email address used in combination with your password. If you know or suspect that someone else knows your password you should notify us immediately.
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.
OUR RIGHT TO SUSPEND OR CANCEL YOUR REGISTRATION
We may suspend or cancel your registration immediately without notice at our reasonable discretion, or if you breach any of your obligations under these Terms or the Product Terms and Conditions.
The suspension or cancellation of your registration and your right to use the Website shall not affect either party's rights or liabilities.
SPECIAL OFFERS AND PROMOTIONS
From time to time and at our discretion, purchases of our Products on our Website may be subject to special offers. In the event that a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and the relevant Product Terms and Conditions. If there is any conflict between the terms of a special offer and the Product Terms and Conditions, the Product Terms and Conditions shall prevail.
We may change the terms of such special offers or withdraw them altogether at any time and without prior notice.
We reserve the right to offer at our complete discretion, different customers different special offers and promotions.
While we endeavour to ensure that the information on this Website is correct, we do not warrant that it is accurate, complete or up to date. We may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice.
Any nutritional data contained on the Website is provided for guidance only and is not intended to be definitive or to amount to advice on which reliance should be placed. Please refer to Product labels for definitive information. In particular, you should always consult with your doctor, dietician or other specialist in relation to any dietary requirements you may have before consuming any Products supplied by us or one of our franchisees, and we accept no responsibility for the consequences of failing to follow this advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or anyone who may be informed of any of its contents.
The material displayed on our Website is provided without any guarantees, warranties or conditions as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us (including our franchisees) hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. You must bear the risks associated with the use of the Internet. This paragraph does not affect your statutory rights.
OUR LIABILITY TO YOU
Our liability to you in respect of your use of the Website shall be limited as set out in the paragraph immediately below provided that:
- nothing in these Terms excludes our liability for fraud or fraudulent misrepresentation or for death or personal injury arising from our negligence or that of our employees or agents. (For the avoidance of doubt, however, none of the local Wiltshire Farm Foods outlets are our agents); and
- nothing in these Terms excludes any other liability which is prohibited from being excluded by law.
Except as provided in the paragraph immediately above, we, other members of our group of companies and third parties connected to us (including our franchisees) will not have any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website or the information on it, your reliance on such information or any part of it, any websites linked to it and any materials posted on it, or any dealings or transactions you may have with any local outlet for Wiltshire Farm Foods, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; and
- loss of goodwill,
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This paragraph does not affect your statutory rights.
You will indemnify, defend and hold us, and our officers, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you or any other liability arising out of your use of this Website, or the use by any other person accessing the Website using your account and/or the information you provided upon registration.
If any part of these Terms is found to be invalid, unlawful or unenforceable to any extent by any court having competent jurisdiction, 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.
If you breach these Terms and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
We shall not be liable for any breach of these Terms caused by any circumstances beyond our control.
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through this Website.
A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Party) Act 1999 to enforce any term of these Terms.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract. The parties acknowledge that they have not entered into these Terms in reliance upon any statement, representation, assurance or warranty which is not set out in these Terms. Nothing in this paragraph shall limit or exclude any liability for fraud.
GOVERNING LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with them, or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms shall be subject to the non-exclusive jurisdiction of the courts of English.
If you have any concerns about material which appears on our Website, or if you have any complaints or queries please contact us using the email address listed on the Website in the “Contact us” section.
Thank you for visiting our Website.