WELCOME TO WWW.SPAR-NI.CO.UK. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE.
www.spar-ni.co.uk is a website owned by Spar (UK) Ltd and operated by Henderson Wholesale Ltd (we, our, or us). We are a limited company registered in England and Wales under company number NI000068 and have our registered office at Henderson Wholesale Ltd., 9 Hightown Ave., Mallusk, Newtownabbey, Co. Antrim. BT36 4RT. Our VAT number is 726447913.
1. Access to our website
1.1 Our website is made available free of charge. Access to our website is permitted on a temporary basis. We aim to improve, develop and update our website regularly and for this reason we reserve the right to modify, withdraw or amend the service we provide and the content we publish on our website without notice. If the need arises, we may suspend access to our website, or part of it, or close it indefinitely. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable if for any reason our website, or any material on our website is unavailable at any time or for any period.
1.2 Any of the material or information published on our website may be out of date at any given time and we are under no obligation to update such material. From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.
1.3 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. You shall be responsible for all uses of your registration, whether or not authorised by you. You agree to immediately notify us of any unauthorised use of your registration or password at [insert email address]
1.4 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.
1.5 You are responsible for making all arrangements necessary to allow you to access 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 comply with them.
1.6 Our website is directed to people residing in Northern Ireland. We do not represent that content available on or through our website is appropriate or available in other locations. We may limit the availability of our website or any service or product described on our website to any person or geographic area at any time. If you choose to access our website from outside Northern Ireland, you do so at your own risk.
2. Intellectual property rights
2.1 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Our website and material within it are protected by copyright law. All such rights are reserved. You acknowledge and agree that material published on our website is made available to you for your own personal use.
2.2 You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.
2.3 However, 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 otherwise than as stated in the paragraph above.
2.4 Our status (and that of any identified contributors) as the authors of material on our website must always be expressly acknowledged.
2.5 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.
2.6 If you do print off, copy or download any part of our website in breach of these terms, your right to use our website will cease immediately and you must destroy any copies of the materials you have made.
3. Reliance on information
3.1 The content on our website is provided for general information only. We will always try to ensure that any materials or information posted on our website are accurate. However, materials and information posted on our website are not intended to amount to recommendations or advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you or by any visitor to our website, or by anyone who may be informed of any of its contents.
3.2 Any opinions expressed by any user of our website are solely the opinions of that user(s) involved. We do not endorse any opinions expressed by any user of our website and disclaim all liability and responsibility arising as a result of those opinions being expressed by any user of our website.
4. Our liability
4.1 The materials and information displayed on our website are provided without any guarantees, conditions or warranties as to its accuracy. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees whether express or implied that the content on our website is accurate, complete or up to date.
4.2 To the extent permitted by law, we, other members of our group of companies and third parties connected to us (including our regional distribution companies, currently being Appleby Westward Group Limited (Company Number 01791158), A F Blakemore and Son Limited (Company Number 00391135), Capper & Co Ltd (Company Number 00205899), James Hall and Company Limited (Company Number 01022295), Henderson Wholesale Limited (Company Number NI 68) and CJ Lang & Son Limited (Company Number SCO17664)) hereby expressly exclude all liability to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under of in connection with:
- use of or inability to use our website; or
- use of or reliance on any content displayed on our website;
in particular (without limitation) we will not be liable for:
- loss of profits, sales, business or revenue;
- loss of anticipated savings;
- loss of data;
- business interruption;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
4.3 Nothing contained in these terms shall exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under the law of England and Wales.
5. Personal information
6. Use of our website
6.1 You may use our website only for lawful purposes. You may not use our website:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these terms;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), without our express prior written consent;
- to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, timebombs, logicbombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer codes or material which is malicious or technologically harmful or is designed to adversely effect the operation of any computer software or hardware;
- to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these terms;
- to delete or revise any portion of the website or any material posted or submitted to the website by any other user, person or entity;
- by attempting to gain unauthorised access to, interfere with, damage or disrupt any part of our website, the server or network on which our website is stored, any software used in the provision of our website, or any equipment, server, network, computer or database connected to our website; or
by attacking our website by a denial of service attack or a distributed denial of service attack.
7. Interactive services
7.1 In the event that we, from time to time, provide interactive services on our website (including, without limitation, recipe storage and exchange areas, chat rooms, and/or bulletin boards), we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
7.2. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards as set out in these terms, whether the service is moderated or not.
7.3 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
7.4 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
8. Content standards
8.1 These content standards apply to any and all material which you contribute to our website (contributions), and to any interactive services associated with it.
8.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- be accurate and not misleading (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in the UK and in any country or territory from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right, trade secret, trade mark, privacy right or any other intellectual property right of any other person including any moral rights that may exist in the contribution;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- constitute or promote any illegal activity;
- be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be an advertisement or otherwise designed to solicit business;
- contain any viruses, trojans, worms, logicbombs or other material which is malicious or technologically harmful or has an equivalent effect;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
9. Uploading material to our website
9.1 Whenever you make use of a feature that allows you to upload material of any nature to our website (whether or not solicited by us), or to make contact with other users of our website, you must comply with the content standards set out in these terms. You warrant that any such contribution does comply with those standards, and you have the right to upload or post any material uploaded or posted by you to our website. You agree indemnify us for any breach of these warranties.
9.2 Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, remove, edit, copy, amend, publish, make derivative works of, distribute, disclose or licence to third parties and make any other use, whether or not for gain, of any such material for any purpose whatsoever. Additionally, you agree to waive any of your moral rights that may subsist in any material posted or uploaded by you to our website. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
9.3 In the event that any material you upload to our website is protected by any third party intellectual property, proprietary or confidentiality rights whatsoever, you agree to take (at your own expense) any further action and execute any documents as may be reasonably required of you by us to ensure that we may exercise the rights in relation to such material as set out in the paragraph above.
9.4 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.
9.5 Whether any material posted or submitted to our website is published or used is at our sole discretion and we are under no obligation to publish or use any such material. [When posting or submitting material to our website you must provide your full name and email address so that we may contact you if we have any questions about the material you have provided. By posting or submitting material to our website you agree that we may show your name and location, but not your email address, in conjunction with any such material if that material is published or used on the website, or otherwise used by us.
9.6 We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with the content standards set out in these terms.
10. Viruses, hacking and other offences
10.1 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
10.2 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 under any circumstances attack our website including (but not limited to) via a denial of service attack or a distributed denial of service attack.
10.3 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.
11. Suspension and termination
11.1 Failure to comply with any of these terms constitutes a material breach of these terms. In such circumstances, your right to access our website shall cease immediately, and may result in us taking, in our absolute discretion, take appropriate action including (but not limited to) all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our website;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our website;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
11.2 The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
11.3 In the event of such a breach of these terms you agree to indemnify and hold us, our group companies, our regional distribution companies, our employees and our agents harmless from and against all liabilities, damages, losses, costs and other expenses (including legal fees) arising out of any breach by you of these terms, or any other liabilities arising out of your use of our website.
11.4 Termination of these terms or your right to use our website shall be without prejudice to any rights accrued to either party immediately prior to such termination.
12. No liability for damage to your computer
12.1 We will endeavour to ensure that our website is free from viruses and/or defects. However, we cannot guarantee that use of our website will not have any affect on your computer. We suggest that you make use of anti-virus software, and other computer protections, to help protect your computer when using the Internet.
12.2 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 website or to your downloading of any material posted on it, or any website linked to it.
13. Linking to our website
13.1 You may link to the home page of our website, 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. You must not establish a link from any website that is not owned by you.
13.2 Our website must not be framed on any other website, 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 from which you are linking must comply in all respects with the standards set out in these terms.
13.3 If you wish to make use of any material on our website other than as permitted by these terms, please address your request to Marketing Manager, Henderson Wholesale Ltd., 9 Hightown Ave., Mallusk, Newtownabbey, Co. Antrim. BT36 4RT.
14. Links on our website
Although our website may contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. Changes to the terms of website use policy
We may revise these terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you once you use our website following any update. Your continued use of our website following such amendment will constitute acceptance of the amended terms.
SPAR and the SPAR logos are UK registered trade marks of Spar (UK) Limited.
If any term or provision in these terms shall in whole or in part be held to any extent to be illegal or unenforceable, that term or provision shall to that extent be deemed not to form part of these terms and the enforceability of the remainder of these terms shall not be affected.
18. Contract Rights of Third Parties Act 1999
Save as expressly otherwise stated in these terms, no person who is not a party to these terms shall have any right under them and the provisions of the Contracts Rights of Third Parties Act are hereby expressly excluded.
19. Jurisdiction and applicable law
19.1 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) shall be governed by and construed in accordance with the law of England and Wales.
19.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.
20. Your concerns
If you have any concerns about material which appears on our website, please contact: Marketing Manager, Henderson Wholesale Ltd., 9 Hightown Ave., Mallusk, Newtownabbey, Co. Antrim. BT36 4RT.
Thank you for visiting our website.