Terms of Use

Last updated: 10^th. November 2021

Midland Chilled Foods Limited

Website Terms of Use and Acceptable Use Policy

*PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING OUR WEBSITE

Who we are and how to contact us

www.midlandchilled.co.uk (our “Site”) is a site operated by Midland Chilled Foods Limited (“Midland” or “We“). We are registered in England and Wales under company number 01104045 and have our registered office at Brierly Place, New London Road, Chelmsford, Essex CM2 0AP, England. Our main trading address is Midland Chilled Foods Limited: Stringes Lane, Willenhall, West Midlands WV13 1LX, England. Our VAT number is GB 113 5587 78.

We are a limited company.

To contact us via the “Contact Us” page on the Website, or any of the following methods:

• Write to us at: Midland Chilled Foods Limited, Stringes Lane, Willenhall, West Midlands WV13 1LX
• Email: info@midlandchilled.co.uk
• Telephone: 01902 366004

What’s in these terms?

These terms tell you the rules for using our Site.

Click on the links below to go straight to more information on each area:

• Who we are and how to contact us
• By using our Site you accept these Terms
• There are other terms that may apply to you
• We may make changes to these terms
• We may make changes to our Site
• We may suspend or withdraw our Site
• Our Site is only for users in the UK
• You must keep your account details safe
• No text or data mining, or web scraping
• Do not rely on information on our Site
• We are not responsible for websites we link to
• How we may use your personal information
• We are not responsible for viruses and you must not introduce them

Acceptable Use Policy (the “Policy”)

• Prohibited uses
• Interactive Services
• Content Standards
• Breach of the Acceptable Use Policy
• Which country’s laws apply to any disputes

By using our Site you accept these Terms

By using our Site, you confirm that you accept these terms of use (“Terms”) and Policy, and that you agree to comply with them.

If you do not agree to these Terms, you must not use our Site.

We recommend that you print a copy of these Terms for future reference.

There are other terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of our Site:

• Our Privacy Policy
• Our Cookie Policy and Cookie Notice, which sets out information about the cookies on our Site; and
• Our Acceptable Use Policy below, which sets out the permitted uses and prohibited uses of our Site.

If you purchase goods from our Site, our terms and conditions of supply (“Terms and Conditions”) will apply to the sales, unless otherwise agreed in writing by us.

We may make changes to these Terms

We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time. This document was most recently updated on the date stated at the beginning of these Terms.

We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our goods, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Our Site is only for users in the United Kingdom

Our Site is directed to businesses in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations outside of the United Kingdom.

You must keep your account details safe

If you choose, or you are provided with, a user identification, profile or account name, password, code 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.

We have the right to disable any user profile, account, identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@midlandchilled.co.uk.

How you may use material on our Site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

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.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site. This includes using (or permitting, authorising or attempting the use of):

• Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Do not rely on information on this Site

The content on our Site 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 Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

We are not responsible for websites we link to

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

As a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions.
• We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
• We will not be liable to you 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:
  • use of, or inability to use, our Site; or
  • use of or reliance on any content displayed on our Site.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

Please note, our Site is for business users only and not consumers.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content, information or data to our Site

Whenever you make use of a feature that allows you to upload content, information or data to our Site, you must comply with the Content Standards set out in the Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Site 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 a limited licence to use, store and copy that content and to distribute and make it available to third parties, as follows:

• When you post content to our Site, you grant us the following rights to use that content:
  • a worldwide, non-exclusive, royalty free, transferable licence to use, reproduce, distribute, prepare derivative works of and display that user-generated content in connection with the goods and/or our Site across different media (including to promote the goods and/or our Site) forever; and
  • a worldwide, non-exclusive, royalty-free, transferable licence for our partners or advertisers to use the content for their purposes or to promote the goods and/or our Site across different media forever.

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 Site constitutes a violation of their intellectual property rights, or of their right to privacy or other terms.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the Content Standards set out in the Policy.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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 Site will cease immediately.

Rules about linking to our Site

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.

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 to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the Content Standards set out in the Policy.

If you wish to link to or make any use of content on our Site other than that set out above, please contact: info@midlandchilled.co.uk. 

ACCEPTABLE USE POLICY

Prohibited uses

You may not use our Site:

• 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 bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• 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.
• To upload terrorist content.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our Terms.
• Not to access without authority, interfere with, damage or disrupt:
  • any part of our Site;
  • any equipment or network on which our Site is stored;
  • any software used in the provision of our Site; or
  • any equipment or network or software owned or used by any third party.

Interactive Services

We may from time to time provide interactive services on our Site (“Interactive Services”).

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).

Content Standards

These content standards set out in this Policy (the “Content Standards”) apply to any and all material which you (or someone representing themselves as being part of or affiliated with your business) contribute to our Site (“Contribution”), and to any Interactive Services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from Midland (or any of its group companies), if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.

For the avoidance of doubt, for any Contribution in the form of picture, video or other multimedia content:

• You must tell us immediately, if you upload a picture, video or other multimedia content containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
• You must not upload a picture, video or other multimedia content containing harmful material.
• You must not upload a picture, video or other multimedia content containing advertising for any of the following:
  • cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
  • for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
• Any advertising included in a picture, video or other multimedia content you upload must not:
  • prejudice respect for human dignity;
  • include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
  • encourage behaviour prejudicial to health or safety;
  • encourage behaviour grossly prejudicial to the protection of the environment;
  • cause physical, mental or moral detriment to persons under the age of 18;
  • directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
  • directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
  • exploit the trust of such persons in parents, teachers or others; or
  • unreasonably show such persons in dangerous situations.
• You must use the functionality provided on our Site to declare whether, as far as you know or can reasonably be expected to know, any picture, video or other multimedia content contains advertising.

Breach of the Acceptable Use Policy

When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Policy constitutes a material breach of the upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our Site.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site.
• 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 or as required by law.

We exclude our liability for all action we may take in response to breaches of the Terms or Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country’s laws apply to any disputes?

If you are a business, the Terms and the Policy, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.