1. Other applicable terms
1.2. If you purchase goods as a result of visiting our Sites and making an enquiry, our Terms and conditions of supply will apply to the sales and a copy is available on request.
2. Information about us
2.1. The Sites are operated by Simpsons Malt Limited (We). We are registered in England and Wales under company number 00153026 and have our registered office and main trading address at Tweed Valley Maltings, Tweedside Trading Estate, Ord Road, Berwick upon Tweed, TD15 2UZ. Our VAT number is GB297957182.
2.2. We are a limited company.
3. Changes to These Terms
3.2. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
4. Changes to Our Sites
4.1. We may update our Sites from time to time, and may change the content at any time. However, please note that any of the content on our Sites may be out of date at any given time, and we are under no obligation to update it.
4.2. We do not guarantee that our Sites, or any content on them, will be free from errors or omissions.
5. Accessing Our Sites
5.1. Our Sites are made available free of charge.
5.2. We do not guarantee that our Sites, or any content on it including any individual function or feature, will always be available or be uninterrupted or error-free. In particular, the Sites may be unavailable during periods when we are implementing upgrades or carrying out essential maintenance on the Sites. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We will not be liable to you if for any reason our Sites are unavailable at any time or for any period.
5.3. You are responsible for making all arrangements necessary for you to have access to our Sites, including without limitation your internet connection.
5.6. Our Sites are directed to people residing in the United Kingdom. We do not represent that content available on or through our Sites is appropriate or available in other locations. We may limit the availability of our Sites or any service or product described on our Sites to any person or geographic area at any time. If you choose to access our Sites from outside the United Kingdom, you do so at your own risk.
5.7. You agree that you will not:
5.7.1 use the Sites for any fraudulent or unlawful purpose;
5.7.2 use the Sites to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
5.7.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Sites; or express or imply that we endorse any statement you make.
6. Your Account and Password
6.1. 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. You must not disclose it to any third party.
6.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
7. Acceptable Use
7.1. You may use our Sites only for lawful purposes. You may not use our Sites:
7.1.1. in any way that breaches any applicable local, national or international law or regulation;
7.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
7.1.3. for the purpose of harming or attempting to harm minors in any way;
7.1.4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
7.1.5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
7.1.6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.2. You also agree:
7.2.1 not to reproduce, duplicate, copy or re-sell any part of our Sites in contravention of the provisions of our terms of website use;
7.2.2. not to access without authority, interfere with, damage or disrupt:
188.8.131.52. any part of our Sites;
184.108.40.206. any equipment or network on which our Sites are stored;
220.127.116.11 any software used in the provision of our Sites; or
18.104.22.168 any equipment or network or software owned or used by any third party.
7.3. We may from time to time provide interactive services on our Sites. Where we do provide any interactive service, 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).
7.4. 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 Sites, 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 Sites, 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, whether the service is moderated or not.
7.5. 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.
7.6. 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. Intellectual Property Rights
8.1. We are the owner or the licensee of all intellectual property rights in our Sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2. You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal use and you may draw the attention of others within your organisation to content posted on our Sites.
8.3. 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.
8.4. Our status (and that of any identified contributors) as the authors of content on our Sites must always be acknowledged.
8.5. You must not use any part of the content on our Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
9. No Reliance on Information
9.1. The content on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Sites.
9.2. Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sites is accurate, complete or up-to-date.
10. Limitation of Our Liability
10.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Sites or any content on it, whether express or implied.
10.3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
10.3.1. use of, or inability to use, our Sites; or
10.3.2. use of or reliance on any content displayed on our Sites.
10.4. If you are a business user, please note that in particular, we will not be liable for:
10.4.1. loss of profits, sales, business, or revenue;
10.4.2. business interruption;
10.4.3. loss of anticipated savings;
10.4.4. loss of business opportunity, goodwill or reputation; or
10.4.5. any indirect or consequential loss or damage.
10.5. If you are a consumer user, please note that we only provide our Sites for domestic and private use. You agree not to use our Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any content on it, or on any website linked to it.
10.7. We assume no responsibility for the content of websites linked on our Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
10.8. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of Supply.
11. Uploading Content to Our Sites
11.1. Whenever you make use of a feature that allows you to upload content to our Sites or to make contact with other users of our Sites, contributions must:
11.1.1. be accurate (where they state facts);
11.1.2. be genuinely held (where they state opinions); and
11.1.3. comply with applicable law in the UK and in any country from which they are posted;
Contributions must not:
11.1.4. contain any material which is defamatory of any person;
11.1.5. contain any material which is obscene, offensive, hateful or inflammatory;
11.1.6. promote sexually explicit material;
11.1.7. promote violence;
11.1.8. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
11.1.9. infringe any copyright, database right or trade mark of any other person;
11.1.10. be likely to deceive any person;
11.1.11. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
11.1.12. promote any illegal activity;
11.1.13. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
11.1.14. be likely to harass, upset, embarrass, alarm or annoy any other person;
11.1.15. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
11.1.16. give the impression that they emanate from us, if this is not the case; or
11.1.17. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
11.2. You warrant that any such contribution complies with the requirements of clause 11.1, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
11.3. Any content you upload to our Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Sites a limited licence to use, store and copy that content and to distribute and make it available to third parties.
11.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
11.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Sites.
11.6. We have the right to remove any posting you make on our Sites.
11.7. The views expressed by other users on our Sites do not represent our views or values.
11.8. You are solely responsible for securing and backing up your content.
12.1 We do not guarantee that our Sites will be secure or free from bugs or viruses.
12.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.
12.3. You must not misuse our Sites 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 Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites 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 Sites will cease immediately.
13. Linking to Our Sites
13.1. 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.
13.2. 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.
13.3. You must not establish a link to our Sites in any website that is not owned by you.
13.4. Our Sites must not be framed on any other Sites, nor may you create a link to any part of our Sites other than the home page.
13.5. We reserve the right to withdraw linking permission without notice. If you do link to our Sites you agree that you will disable and remove any such link promptly upon our request and will maintain the legal right and technical ability to do this.
13.6. If you wish to make any use of content on our Sites other than that set out above, please contact [email protected].
14. Third Party Links and Resources in Our Sites
14.1. Where our Sites contain links to other sites and resources provided by third parties, these links are provided for your information only.
14.2. We have no control over the contents of those sites or resources.
15. Applicable Law
16. Trade Marks
|Trade Mark Number||Mark Text||Mark Image|
|UK000023959||McCREATH SIMPSON & PRENTICE|
|UK00002602896||McCreath Simpson & Prentice|
|UK00002657231||GOLDEN NAKED OATS|
|UK00002900289||Golden Naked Oats|
|UK00003096569||THE HOME OF GOOD MALT|
|UK00003135469||GP Finest Golden Promise Malt|