1 Our contract
By using or subscribing to our site you enter into a binding contract with us on the following terms and conditions.
2. UK & European business service only
Our site is directed exclusively at commercial enterprises in the United Kingdom and Europe.
You represent to us and to all suppliers of goods and services through our site that all purchases made by you through our site will be made for purposes integral to your business and will be within the scope of your authority to conclude contracts on behalf of your business.
3 Our promises
We will permit you to access, use and interact with our site subject to these terms and conditions.
exercise reasonable care in compiling our site;
use reasonable efforts to make our site available to you at all times; and
4 Exclusions and limitations
We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
We do not represent or warrant that:
any services (whether or not provided by us) will be provided with due care and skill; or
any goods (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
the unavailability of our site (or any part of it), goods or services;
any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;
any goods not being of merchantable quality or fit for their intended purpose; or
any misrepresentation on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
Our maximum liability to your business in respect of your use of our site or any services we provide or make available to you through or in relation to our site will be the amount of any subscription fees paid on behalf of your business during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase information, goods or services through our site, you will enter into a separate contract with the supplier in each case.
None of the exclusions or limitations in this clause 4 shall exclude or restrict our liability for death or personal injury caused by our negligence.
None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site, good or service to you.
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
5 Site subscription and charges
Once you have provided your credit card or debit card details to us, and chosen your preferred payment model, for example, monthly, quarterly, six monthly or annually, we will charge such credit or debit card either monthly or annually in advance to align with the subscription you have chosen.
Your subscription (monthly, quarterly, six monthly or annually) will automatically renew for the subscription period you have chosen unless you tell us otherwise (see clause 7.2), or cancel your direct debit. For example, if you choose a six monthly subscription, then six months after the date you signed up, you will be charged for another six months and the contract will continue to renew until you tell us otherwise.
If you fail at any time to pay any subscription charges due in accordance with these terms and conditions we may, in our discretion and without liability to you, disable your access to those areas of our site which are exclusively available to subscribers until payment has been received. We need not provide you with advance notice in such circumstances.
If you choose to sign up with instant access you will become a full paying member immediately and your first payment will be charged at the point of signing up.
5.5 Refunds Policy
We do not refund subscriptions in any circumstances. In the event that you decide to cancel before your subscription renewal date you will not receive any refund, whether in full or in part. For example, if you pay for an annual subscription, and cancel six months into the contract, you will not receive a refund for the six months that you have left to run on your subscription.
6 Links to other sites
Certain links, including hypertext links, in our site may take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
7 Termination of subscription
We may terminate your subscription immediately at our discretion or if you are in material breach of any of these terms and conditions and in particular upon any failure by you to pay your subscription charge in accordance with these terms and conditions.
You may terminate your subscription at any time. Please note that we do not offer refunds (see clause 5.5).
Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
If you would like to terminate your subscription (or free trial if you have been offered one) you can call us on: 0333 254 2674 or email us: [email protected]
between 9am - 5pm Monday to Friday. If you have been offered a free trial and the last day of your free trial falls on a Saturday, Sunday or Bank Holiday, the free trial cancellation request must be made on the last business day before.
If you do not cancel your free trial in accordance with 7.4
you will become a full paying member, and will be placed onto the subscription you chose to trial, and you will be subject to our member terms and conditions. For example, if we offer, and you accept a free trial for a quarterly subscription and you do not cancel, you will automatically be placed onto a quarterly paying subscription and payment will be taken accordingly.
If you do not contact us to cancel your subscription in accordance with these terms we will assume that you wish to continue with the subscription, it will continue to automatically renew, and payment will be taken in line with your chosen subscription.
8 No commercial use
You agree that you will use our site only for your internal business purposes and that you shall not exploit our site or any of its contents for any commercial purpose.
9.1 Third party rights
Where in these terms representations and warranties are made to us and to suppliers of goods and services through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
9.3 Credit card security and registration
We use a secure server that implements Secure Socket Layer technology (certified to the standard for encrypted credit card transactions stipulated by Verisign Inc) to prevent any person from gaining access to your credit card or registration information whilst it is on our site or being transmitted across the internet.
If you discover that goods or services have been ordered from a supplier over our site using your credit card details in circumstances where you had not agreed to or authorised this, then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details, purchaser ID or password) our suppliers are required to refund to you the money they receive provided that: (a) you inform your credit card company and us of the unauthorised purchase as soon as you discover it; and (b) you co-operate with your credit card company, the supplier, us and, if necessary, the police in relation to the unauthorised use.
We have made every effort to make clear whether the quoted prices for goods and services available through our site include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
9.5 The use of your information
All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
You hereby grant to us a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you up-load or post to our site (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not up-loaded or posted subject to any obligation of confidence.
9.7 Trade marks
We are the proprietor of the ReturnLoads.net trade mark in the UK and other countries. All other trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
9.9 Events beyond our control
We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
9.10 Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
In these terms and conditions:
'our site' means our presence on the Internet;
'our', 'we' and 'us' means Mandata Networks Limited and, where applicable, its officers, employees and authorised agents; and
'you' and 'your' include any business with which you are associated and on behalf of which you use our site ('your business')