Website Terms & Conditions of Use
- Access to this Website (www.allergycompanions.com) (“the Website”) and the use of information on it is subject to the following Terms and Conditions. These Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which we make the Website available to you. You should read these Terms and Conditions carefully. If you do not wish to be bound by these Terms and Conditions you are not permitted to access and use this Website. If you proceed further and browse, access, register with or otherwise use this Website you will be deemed to have confirmed that you have read, understood and agree to be legally bound by these Terms and Conditions in their entirety. You also agree that that they are enforceable as if they were a written negotiated agreement signed by you.
- These Terms and Conditions take effect from the date on which you first use this Website. We suggest you print out and keep a copy of these Terms and Conditions. Your attention is specifically drawn to clauses 8 and 12 (Disclaimer), 24 (use of the Website), 44 (Exclusion of Liability) and 60 (Indemnity).
Who We Are
- This Website is owned and maintained by Allergy Companions Limited whose registered office is at 11 Waterloo Place, Warwick Street, Leamington Spa, CV32 5LA. Allergy Companions Limited is a private limited company in England and Wales (13403451). For the purposes of these Terms and Conditions and the Website Allergy Companions Limited is trading under the brand name Allergy Companions (“Company”) but all references in these Terms and Conditions to Company is a reference to the legal entity Allergy Companions Limited a private limited company in England and Wales (13403451).
- In these Terms and Conditions references to “Company” “we”, “us” and “our” mean Company and “you” means the user of the Website.
Applicable Terms and Conditions & Revisions to the Terms and the Website
- We reserve the right at any time to revise these Terms and Conditions under which the services available through the Website are offered without notice. The revised version will be made available on the Website. Therefore, you are responsible for regularly reviewing the Terms and Conditions and notices posted on this Website. Your continued use of the Website after a change has been made will be deemed to be your acceptance of the change(s) made.
- There may be other legal notices and terms and conditions within other areas of the Website which relate to your use of such areas, all of which will, together with these Terms and Conditions govern your use of our Websites. Such additional terms and conditions will be posted in that area of the Website.
- We reserve the right, for any reason or for no reason at all and without liability to you, to amend, modify, remove and/or restructure the scope and content of the Website and any of the content or information on or accessible from it. We are not required to give any advance notice of such changes.
General Information & Disclaimer
- The contents of this Website have been produced solely for information purposes and for the purposes of providing a service. The contents do not amount to advice on which you should rely. You should take specialist medical or other relevant advice when taking or refraining from taking any action on the basis of any information on this Website.
- This Website is designed to be accessed through its home page and such other principal pages as we may decide. If you access the site through individual pages directly, which are not designed for this purpose, you may not see important information which is relevant to a full understanding of our products and services. Important information will contain important product details and relevant legal or regulatory information.
- Whilst care has been taken in the preparation of the information contained in the Website, the information is of a general nature and users should not rely on any information in it in relation to a specific issue or purpose without taking financial, medical, legal or other professional advice. Products and services in respect of which information is given on the Website are generally only available to persons resident in England and Wales.
- Where information is provided by users of the Website this information has not been verified by us. The reviews on the Website have been provided by members and users of the Website and whilst we have asked that such reviews conform with Allergy Companions Acceptable Use Policy we cannot guarantee that they will. The reviews do not represent the views of Allergy Companions Limited and cannot be endorsed on an individual basis. The reviews and comments are provided for information purposed only. Users are strongly encouraged to seek their own medical and other advice if they have any questions about making use of any information provided on the Website. We can give no warranty in respect of and we accept no liability for any views expressed or given.
- The Website is provided “as is” and “as available” and you receive no warranties, representations, conditions or commitments of any kind, express or implied, with respect to the Website or its content, including any implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement or other warranties or conditions implied by statute. There is no warranty or commitment that the offering, information on or output from the Website, or the access thereto or use thereof, will be available, uninterrupted, error-free, secure, accurate, reliable or complete or that any errors will be corrected. 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. Neither the Company nor the Website’s users and/or other content providers, are responsible for any damages or losses arising from any use of the Website or any such information. Nothing on, or accessible from, the Website is intended to constitute professional advice. The Website has not been approved for use by any regulatory authority. Use of the Website and/or any information on, or accessible from it or the Company is done at the user’s sole risk.
Copyright & IPR
- The information contained in this Website (including but not limited to) artwork, data, frames, graphics, illustrations, logos, names, photographs, service marks, software, sound, text, trademarks and any other material in whatever form and the structure of the Website itself, copyright of which belongs to Allergy Companions Limited, may not be copied, transmitted, modified, used to create derivative works or reproduced in any form whatsoever without our prior written consent. These Terms and Conditions grant users a limited license to Use the Website and shall not be construed to convey title to or ownership of the Website, its contents or any information available on it, to any user. All rights in and to the Website, not expressly granted to a user are reserved by us. Any unauthorised Use of the Website may violate such intellectual property rights and laws and these Terms and Conditions.
- We are the owner or the licensee of all intellectual property rights in our Website, 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 Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.
- 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 the Website must always be acknowledged.
- You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our site is only for users in the UK
- Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations.
Access to the Website
- You are solely responsible for obtaining and maintaining or upgrading all equipment and internet connections which you need both now and in the future to enable you to fully access this Website.
- You are solely responsible for all costs and fees in connection with accessing and using this Website of any nature whether software, hardware or other.
Use of the Website
- You remain fully responsible at all times for all acts and omissions of anyone you allow to use the Website using your login details and/or password and for ensuring such persons understand and observe these Terms and Conditions. This responsibility includes, without limitation, any employee, agent, consultant or independent contractor who accesses and/or uses the Website using your login details and/or password.
- You agree to notify Allergy Companions Limited in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
- You must not use this Website or any part of it:
- to damage, disable, impair, interrupt or affect the services provided through the Website or its functionality;
- to interfere with any other party’s use of those services;
- to transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable material or information of any kind including but not limited to transmission constituting or encouraging conduct which would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law;
- to transmit any information, software, email or attachment which contains in full or in part of any Virus, Worm, Trojan Horse or other harmful component or malware;
- to transmit any material for the purposes of publicity, promotion and/or advertising unless you have our prior written consent to do this; or
- to construct a database of any kind.
You Must Keep Your Account Details Safe
- 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.
- 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 reasonable opinion you have failed to comply with any of the provisions of the Terms and Conditions of use.
- If you know or suspect that anyone other than you knows your user identification code or password, or you are aware of any unauthorised access to or use of the Website, you must promptly notify us.
- Any material which is available for download or is otherwise accessed through the use of this Website is obtained on the basis that you:
- do so entirely at your own risk, for which we shall not be liable;
- are entirely responsible for any resulting loss or damage to property, data, hardware, software or computer systems or connections and/or any resulting loss of data or any other loss of any nature and kind whatsoever;
- are responsible for ensuring that any material downloaded is complete, accurate and kept safe;
- do not download any material onto any server or other device connected to a network;
- retain any of the downloaded material in its current form and do not alter any part of it;
- do not offer the downloaded material for sale or other commercial purpose; and
- accept that we reserve the right to reject hard copies of forms printed from the Website where, by the time they are received, these forms have been updated.
- Whilst we have taken every care in the preparation of the content of this Website the Website and its contents are provided to you in this format as it is and without any representation or warranty of any kind (whether express or implied) by or on behalf of us that:
- the information contained in any of the materials on our Website or the analysis of such information is up to date, complete and accurate;
- that access to this Website will be continuous, uninterrupted, timely, or error-free or that defects will be corrected; and
- the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.
To the fullest extent permitted by applicable law, Allergy Companions Limited shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on our Website.
Third Party Links
- This Website contains links to other websites which are hosted and maintained by third parties. These links are provided for your convenience only to provide further information. They do not signify that we endorse the website(s). Allergy Companions Limited does not accept responsibility or liability for any consequences whatsoever of linking to or from any other website, nor for the contents of any other website. We have no control over, nor do we vet or veto, the content or security of any such site. If you link to or from such websites you do so solely at your own risk and we make no representations or warranties regarding the content of any such third party websites. We cannot be liable for any loss or damage which may arise from the use of such third party websites.
- On leaving this Website and linking to another website you will be bound by the policies, terms and conditions of that website and it is your responsibility to read and review such policies and Allergy Companions Limited holds no responsibility for the same. Furthermore, please note that certain aspects of the Website use applications from other providers. As an example this Website uses Google Places API and by using this application you will also be bound by Google Terms of Service – Privacy & Terms – Google. Allergy Companions is not responsible for those terms and conditions nor for any updates, changes and or amendments made to the same but you are encouraged to review them.
Rules about linking to the Website
- You may link to our Website 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 Website must not be framed on any other site, 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 in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy
- If you wish to link to or make any use of content on our Website other than that set out above, please contact us, as you need to obtain our prior written consent to do so.
Exclusion of Liability
- The use of this Website and the information is entirely at your sole risk, for which we shall not be liable.
- Nothing in these Terms and Conditions seeks to exclude or limit our liability or responsibility in relation to death, personal injury, fraud or fraudulent misrepresentation, under the Sale of Goods and Services Act 1982 or in any other circumstance where we are not legally permitted to do so.
- Whilst we make every effort to ensure that our Website is free from viruses or defects, we cannot guarantee that your use of our Website or any Websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that you have in place the right equipment and/or software to protect your computer or device. Allergy Companions Limited shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using our Website.
- To the fullest extent permitted by applicable law Allergy Companions Limited excludes liability for any loss or damage including, without limitation, direct, indirect, incidental or consequential loss, loss of profits or goodwill, loss of data, wasted expenditure or other economic loss of any kind, whether in contact, tort or otherwise, arising out of or in connection with your use of this Website or the information and materials contained in it, including but not limited to the following, even if we were specifically advised of it:
- the use of this Website or any of the information contained therein;
- any error, corruption of data or any amendment of information transmitted via the Website;
- the inability to use this Website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, even if such loss was reasonably foreseeable;
- any defect or failure of your equipment and/or software on connection to use the Website;
- service interruptions;
- in the event of any Viruses, Worms, Trojan Horses and other harmful components being present in or transmitted by our systems and networks; and
- any other matter in connection with the use of the Website.
- Any disclaimers and exclusions of liability in these Terms and Conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Allergy Companions Limited or any of its employees or agents or from fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English and Welsh Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
If you are a business user:
- Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes. We exclude all implied conditions, warranties, representations or other terms that may apply to our Website 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 Website; or
- use of or reliance on any content displayed on the Website.
- 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 that we only provide the Website for domestic and private use. You agree not to use the Website 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.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
How we may use your personal information
Uploading content to the Website
- Whenever you make use of a feature that allows you leave a review and or to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy.
- You warrant that any contribution you make, as detailed in clause 50 above, complies with the standards set out in our Acceptable Use Policy and will indemnity 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 complete a review and or upload to the Website 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 our Website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload
- 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 the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
- We have the right to remove any posting, comment or review you make on our Website if, in our opinion, your post, comment or review does not comply with the content standards set out in our Acceptable Use Policy; or if you have breached, or we reasonably consider that you may be in breach of, these Terms and Conditions; to enforce our website Terms and Conditions of Use; or to protect our contractual and other rights, property and interests, including the perceived reputation of both us and the Website or those of our other users or third parties; and/or for dispute resolution or other law enforcement or regulatory compliance purposes.
- You are solely responsible for securing and backing up your content.
- We do not store terrorist content.
Rights You Are Giving Us To Use Material You Upload
- When you complete a review, upload or post content to the Website, 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, display, and perform that user-generated content in connection with the service provided by the Website and across different media including to promote the Website or the service forever;
- a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes or in accordance with the functionality of the Website forever.
- You agree to indemnify, defend and hold harmless Allergy Companions Limited from and against any claims, actions, demands or other proceedings brought against us, our officers, directors, employees or agents, of whatsoever nature and howsoever arising whether relating to damages, costs and expenses, legal fees or otherwise by a third party to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of or access to or failure to access the Website and/or any breach by you of these Terms and Conditions. This section survives termination of these Terms and Conditions for any such reason.
We May Transfer This Agreement To Someone Else
- We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms and Conditions.
Monitoring of the Website
- In order to maintain the security of its systems, the provisions of the services, protect its staff and detect fraud and other crimes, Allergy Companions reserves the right to monitor all internet communications, including web and email traffic, into and out of its domains. Monitoring includes checks for, but is not limited to, viruses and other malignant code, criminal activity, and use or content which is unauthorised or is deemed to be in breach of information security and other corporate policies.
Privacy & Cookies
- If these Terms and Conditions or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any jurisdiction in which these Terms and Conditions are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that jurisdiction be treated as severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive and remain in full force and effect.
- If any of the Terms and Conditions are breached and we take no action, we will still be able to assert and reply upon our rights and remedies in any other situation where you breach these Terms and Conditions.
- No waiver by us of any breach of any obligation arising under these Terms and Conditions shall constitute a waiver of any other breach and no failure to exercise or partially exercise by us any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy. A waiver of a breach of any of these Terms and Conditions must be in writing and shall not constitute a waiver of any other breach and shall not affect the other Terms and Conditions. Unless specifically provided otherwise, rights arising under these Terms and Conditions are cumulative and do not exclude rights provided by law.
- We reserve the right to amend these Terms and Conditions from time to time. Every time you wish to use the Website please check these Terms to ensure you understand the terms that will apply.
Law and Jurisdiction
- This Website, any content contained therein, any usage of and the operation of our Website are governed by and construed in accordance with the laws of England and Wales.
- If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. This clause survives termination of these Terms and Conditions for any reason.
- If you are a business, the terms of this policy, its subject matter and its 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. This clause survives termination of these Terms and Conditions for any reason.
Suspension of the Website
- We shall have the right to immediately suspend or terminate your rights to access the Website, either permanently or temporarily, without notice or liability to you if you commit a breach of or we (acting reasonably) consider that you have or may commit such a breach of these Terms and Conditions and may result in legal action being taken against you.
- The clause headings are included for convenience only and shall not affect the interpretation of these Terms and Conditions.
- Words in the singular include the plural and words in the plural include the singular.
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. The word including or includes should be deemed to be followed by the words “without limitation”.
Our Trade Marks are Registered
- “Allergy Companions” and the “red heart logo” are trade marks of Allergy Companions Limited registered as British Trade Mark Registration Nos. 3706938 and 3706947 respectively. You are not permitted to use them without our approval.
- Allergy Companions carries some affiliate marketing links and codes; if you (the user) buy something we may (where such a code applies) get a very small share of the sales. If you have any questions regarding this, please contact us.
- In the event that you have any queries, comments or concerns about the Website and/or these Terms and Conditions please email us at firstname.lastname@example.org