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1.1 These terms and conditions govern your use of the website (“the Company Site”), and your relationship with Van Guard Full Fit Limited (registered in England and Wales under registration number TBA ) (defined as “the Company”, “We”, “Ourselves” and “us”). Please read them carefully as they affect your rights and liabilities under UK law.

1.2 In using the Company Site you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these terms and conditions (“the Website Terms”), [Privacy Statement] and [Disclaimer Notice]:

“Client”, “You” and “Your” refers to you, the person accessing this website in his or her individual capacity or on behalf of a legal entity or body corporate and accepting the Company’s Website Terms. “Party” or “Parties” refers to both of the Client and Ourselves, or either the Client or Ourselves.

2. Use of the Company Site

The Company Site is provided to you for your personal use subject to the Website Terms. By using the Company Site you agree to be bound by the Website Terms, the Terms and Conditions for Business Customers or the Terms and Conditions for Consumers (as the same are applicable to you).

3. Registration

3.1 To register for an account on the Company Site you must be over eighteen years of age and apply by contacting the Company.

3.2 You must ensure that the details provided by you on registration or at any time are correct and complete.

3.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

3.4 The Company may at its discretion refuse to register an account for you.

4. Password and Security

4.1 When you register to use the Company Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.

4.2 If the Company has reason to believe that there is likely to be a breach of security or misuse of the Company Site, we may require you to change your password or we may suspect your account.

5. Your use of the Company Site

5.1 You may not use the Company Site for any of the following purposes:-

5.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;

5.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;

5.1.3 interfering with any other person’s use or enjoyment of the Company Site; or

5.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

5.2 You will be responsible for our losses and costs resulting from your breach of this clause 5.

6. The Company’s right to suspect or cancel your registration

6.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under the Website Terms or the Company’s business to Business Terms and Conditions or the Company’s Business to Consumer Terms and Conditions.

6.2 You can cancel your registration at any time by informing us in writing at [insert email address or other contact details]. If you do so, you must stop using the Company Site.

6.3 The suspension or cancellation of your registration and your right to use the Company Site shall not affect either party’s statutory rights or liabilities.

7. Privacy Statement

We are committed to protecting your privacy. Authorised employees within the Company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. For more information regarding your privacy, please read our privacy statement. (insert a hyperlink to our privacy statement)

8. Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s), and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client records we keep, on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

9. Disclaimer Exclusions and Limitations

The information on the Company Site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

10. International Use

Unless otherwise stated, the products and services featured on the Company Site are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any products or services [downloads, programs and] or text made available through the Company Site. Redistribution or republication of any part of the Company Site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company.

11. Availability

The Company does not warrant that the service from the Company Site will be uninterrupted, timely or error free, although it is provided to the best ability.

If you become aware of a fault affecting the Company Site you should report it to us and we will attempt to correct the fault as soon as we reasonably can. Your access to the Company Site may be occasionally restricted to allow for repair, maintenance or the introduction of new content. We will attempt to restore the service as soon as we reasonably can.

12. Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

13. Cookies

Like most interactive websites the Company Site [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

14. Links to this website

You may not create a link to any page of the Company Site without our prior written consent. If you do create a link to a page of the Company Site you do so at your own risk and the exclusions and limitations set out above will apply to your use of the Company Site by linking to it.

15. Links from this website

We do not monitor or review the content of other third party websites which are linked to or from the Company Site. Opinions expressed or material appearing on such websites is not necessarily shared or endorsed by us and the Company should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave the Company Site and to read the privacy statements of these third party web sites. You should evaluate the security and trustworthiness of any third party website connected to the Company Site or accessed through the Company Site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

16. Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and products and the full content of the Company Site. This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on the Company Site are trademarked. You may not reproduce, modify, copy or distribute or use for commercial purposes or otherwise use any of the materials or content on the Company Site without written permission from the Company.

17. Communication

We have several different e-mail addresses for different queries. These, and other contact information, can be found on our ‘Contact Us’ link on the Company Site or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

The Company is registered in England and Wales, Number 1263262, registered office Exeter Airport Business Park, Fair Oak Close, Clyst Honiton, Exeter, Devon, EX5 2UL.

18. Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation the Website Terms which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Website Terms.

19. Waiver

Failure of either Party to insist upon strict performance of any provision of the Website Terms or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under the Website Terms. No waiver of any of the provisions of the Website Terms shall be effective unless it is expressly stated in writing to be such and signed by both Parties.

20. General

The laws of England and Wales govern these Website Terms. By accessing the Company Site and using our services/buying our products you consent to these Terms and Conditions (and any of the terms and conditions referred to herein) and to the exclusive jurisdiction of the English courts in all disputes arising out of such access.

If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Website Terms, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Website Terms or any part thereof, or the right thereafter to enforce each and every provision. These Website Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

21. Notification of Changes

The Company reserves the right to change the Website Terms from time to time as it sees fit in the interests of improving its commercial trading prospects, for legal purposes or to allow the proper operation of the Company Site and your continued use of the Company Site will signify your acceptance of any amendments to the Website Terms. The changes will apply to the Company Site after we have given notice. If there are any changes to either the Website Terms (or its Terms and Conditions for Business Customers or its Terms and Conditions for Consumers) or to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on the Company Site. If there are any changes in how we use your personal information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

Trade Van Gear 2022 – All Rights Reserved

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