Business Terms

VitrA (UK) Limited

Updated 15th March 2018

Our Terms and You

These terms of use and service relate to your use of this Website, are an agreement (“Agreement”) between you and VitrA UK Ltd about your use of the information, software, products and services contained in or available through this Website and should be read in conjunction with our privacy policy. If you do not agree to these terms in full please leave this Website and do not make use of our services. By remaining on this Website and/or making use of our services you are deemed to accept these terms in full. Our terms and our privacy policy are updated from time to time, e.g. to reflect changes in our services and this Website. Please return to these terms from time to time. Protecting your privacy is very important to us: please review our privacy policy, which explains how we treat your personal information and protect your privacy.

1. DEFINITIONS

1.1 “vitra-vcare.co.uk”, “Us”, “Our” and “We” all refer to this Website, or the owner of it, which Website belongs to VitrA UK Ltd whose main trading address is at Units F-G, Park 34, Collett, Didcot, Oxfordshire, OX11 7WB. VitrA is a trading name and unregistered trademark of VitrA (UK) Ltd (company number 2731241), a private company registered in England and Wales with its registered office address Units F-G, Park 34, Collett, Didcot, Oxfordshire, OX11 7WB .

1.2 “You” refers to you the visitor and, or customer.

1.3 “Documents” refers to the documents, forms and templates available free or for purchase on this Website.

1.4 “Website” means this website at vitra-vcare.co.uk.

1.5 You will be able to access the majority of this Website without having to register any details with us. However, areas such as our customer control panel are only accessible if you have registered. Registration is free.

2. ACCESS TO WEBSITE

2.1 You can access most parts of this Website without having to register any details with us. This includes all articles, information, news and product information pages within the Website.

2.2 It is for you to make the proper arrangements for you to access this Website. You are responsible for ensuring that all persons who access the Website through your Internet connection are aware of this Agreement, and that they comply with it.

3. USE OF WEBSITE AND SERVICES

3.1 Any material that is available free of charge on this Website you are permitted to use for your own personal use.

3.2 All intellectual property (including without limitation copyright) in this Website, its content and all Documents belongs to us or our licensors. Our status (and that of any identified contributors) as the authors of material must always be acknowledged and you must not use the Documents or material on the Website in a derogatory manner.

3.3 Otherwise than in accordance with clause 3.1, no part of this Website or our Documents may be used without our prior permission. You must not obtain or attempt to obtain any Documents from this Website through any means not intentionally made available or provided for through the Website.

4. SITE UPTIME

4.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this Website is unavailable at any time.

4.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

5. VISITOR CONDUCT

5.1 With the exception of personally identifiable information, the use of which is covered under our privacy policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise us to the contrary, we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

5.2 When using this Website you shall not post or send to or from this Website any material:

5.2.1 for which you have not obtained all necessary consents;

5.2.2 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

5.2.3 which is harmful in nature including, and without limitation, denial-of-service attacks, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

5.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of Paragraph 5.2.

6. LINKS TO AND FROM OTHER WEBSITES

6.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.

6.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

6.2.1 you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed to by us in writing;

6.2.2 you do not misrepresent your relationship with us or present any false information about us;

6.2.3 you do not link from a website that is not owned by you; and

6.2.4 your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.

6.3 If you choose to link to our Website in breach of Paragraph 6.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

7. DISCLAIMER

7.1 We take reasonable steps to ensure that the information on this Website is correct at the time of first publishing. However, we do not guarantee the correctness or completeness of material on this Website or the absence of inaccuracies or typographical errors. We may make changes to the material on this Website at any time and without notice, including corrections. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date. We are not liable to send you notice of any changes or corrections made.

7.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which, but for these Terms, may have effect in relation to this Website.

8. EXCLUSION OF LIABILITY

8.1 All information, Documents and services are provided “as is” without warranty or condition of any kind. VitrA UK disclaims all warranties and conditions with regard to this information, Documents and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

8.2 Guest users – you use the Website at your risk – none of VitrA UK, its employees, agents and

sub-contractors will have any liability to you or another party for loss or damage whatever or however arising from use of the Website (whether under these terms and conditions or another contract, or as a result of negligence or a misstatement, misrepresentation or other tortious acts or omissions).

8.3 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website) shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with this Website.

8.4 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.

9. MISCELLANEOUS

9.1 If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the above disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.

9.2 Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Website and the Documents.

9.3 You must not assign or otherwise transfer the Agreement, or any right granted under it, without our written consent. We can freely transfer our rights under the Agreement.

9.4 Any failure by us to enforce or exercise any provision of the Agreement, or any related right, will not be a waiver of that provision or right.

9.5 We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.

10. GOVERNING JURISDICTION

10.1 This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of the courts of England and Wales.