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Website Terms of Use

This website www.foodservicehygiene.co.uk (our “website”) is the website of ZENITH HYGIENE GROUP PLC and group companies (“Zenith”, “our”, “us” or “we”).

1. Acceptance of Website Terms of Use

Please read these terms and conditions of use (these “Website Terms of Use”) carefully before you start to use our website and/or the related services (the “services”). By using our website or the services you indicate that you accept these Website Terms of Use and that you agree to abide by them. If you do not agree to these Terms (which include our privacy policy), please do not use our website. Please note that to use any of the services provided on our website you are required to register as an authorised user. You are permitted to use our website solely on the basis of these Website Terms of Use. In these Website Terms of Use “you” and “your” means each natural or legal person who uses our website or the services and each natural or legal person or entity on whose behalf the user acts.

 

2. Information about us

2.1 Our website and the services are operated and managed by Zenith Hygiene Group Plc. Zenith Hygiene Group Plc is a public limited liability company registered in England and Wales under company number 06707511, whose registered office is at Zenith House, A1(M) Business Centre, Dixons Hill Road, Welham Green, Hertfordshire AL9 7JE. The main trading address of Zenith Hygiene Group Plc is the same as its registered office.

2.2 A reference to our “group” or “group companies” in these Website Terms of Use means Zenith Hygiene Group Plc and all its subsidiary undertakings (within the meaning of section 1162 Companies Act 2006) from time to time.

 

3. Accessing our website

3.1 Access to our website is permitted on a temporary basis, and we reserve the right at any time without notice to terminate, withdraw, modify or discontinue the service we provide on, or your access to or use of, our website and/or the services. We will not be liable if for any reason our website or any part of it is unavailable at any time or for any period.

3.2. From time-to-time we may restrict access to some parts of our website, or our entire website, to users who have registered with us. We have the right, at any time without notice, to disable any user identification code, login or password, whether chosen by you or allocated by us if in our opinion you have failed to comply with any of the provisions of these Website Terms of Use.

3.3 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 and keep it secure, and you must not disclose it to any other person or entity.

3.4 You are responsible for all activities that occur under your account, login or password (including, without limitation, all orders placed through your account). Please inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

3.5 When using our website, you must comply with our acceptable use policy, details of which are set out in paragraph 4 below.

3.6 You are responsible for obtaining access to the Internet and making all arrangements necessary for you to have access to our website and take advantage of the services and you will pay any service fees, telephone charges or other costs associated with such access. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Website Terms of Use, and that they comply with them.

3.6 If you choose to access our website from a location outside of the UK, you are responsible for compliance with local laws relating to such access, including the viewing or using the content of the website, if and to the extent local laws are applicable. Other than in the UK, you warrant that it is legal for you to view this website in the jurisdiction to which you are subject and that the Website Terms of Use and your use of the website and/or the services comply with all applicable local laws.

 

4. Acceptable Use Policy

4.1 You may use our website and services only for lawful purposes. You may not use our website or the services:

4.1.1 In any way that breaches any applicable local, national or international law or regulation.

4.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

4.1.3 For the purpose of harming or attempting to harm minors in any way.

4.1.4 In any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either.

4.1.5 To send, knowingly receive, upload, download, publish, post, distribute, disseminate or otherwise transmit, use or re-use any material or information which is inaccurate, illegal, defamatory, offensive, infringing, obscene, indecent, unsolicited, unauthorised or otherwise unlawful or objectionable or which may expose you or us to legal action or reputational damage, or procure any of the foregoing.

4.1.6 To threaten, harass, stalk, abuse, disrupt, or otherwise violate the rights (including rights of privacy and publicity) of, others.

4.1.7 To send or upload any material or knowingly transmit any data that is corrupt or 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.

4.2 You also agree not to:

4.2.1 Reproduce, duplicate, copy, re-sell or otherwise use any part of our website in contravention of the provisions of these Website Terms of Use.

4.2.2 Obtain or attempt to obtain unauthorised access to, through whatever means, interfere with, damage or disrupt: any part of our website or the services; any other services or computer systems, equipment or software used in the provision of our website; any areas of our, or any of our partners’ networks which are identified as restricted, or do anything which may interrupt or impair their functionality.

4.2.3 Modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this.

4.2.4 Make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent.

 

4.2.5 Impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead us or others as to the identity or origin of any communications or to provide inaccurate or unreliable contact details.

4.2.6 Falsify the true ownership of software or other material or information contained in a file made available via our website or the services. 

4.3 Whenever you are asked to provide information in connection with the website or the related services, you agree to provide true, accurate, current and complete details. It may not be possible to provide you with the services if you do not provide the minimum mandatory information required. You do not have to provide us with any optional information requested. Please notify us immediately of any changes in the mandatory information.

4.4 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

4.5 Failure to comply with this acceptable use policy constitutes a material breach of these Website Terms of Use and may result in our immediate, temporary or permanent withdrawal of your right to use our website and/or the services or of any posting or material uploaded by you to our website, legal action against you and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary. The responses described are not limited, and we may take any other action we reasonably deem appropriate.

 

5. Intellectual property rights

5.1 We are the owner or the licensee of all copyright and other intellectual property rights in our website (including without limitation any HTML source code) and in the material (including all graphics, text, images, sounds, video and other media) and information published on it, including any software. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.2 Except as provided in these Website Terms of Use or permitted by law, neither our website, nor such material or information (or any part(s) thereof) may be used, transmitted, copied, reproduced, distributed, republished, downloaded (except for page caching as required to view our website on the Internet in accordance with these Website Terms of Use), modified, displayed, posted, adapted or decompiled in any form or by any means. For example, you must not make a collection of any product listings, descriptions or prices; make derivative use of our website or its contents; download or copy account information for the benefit of another merchant; or use data mining, robots or similar data gathering and extraction tools.

5.3 You must not use any part of the materials or information on our website for any commercial purpose, or otherwise, without first obtaining a licence to do so from us or our licensors.

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

5.5 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.

5.6 Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

5.7 If you print off, copy or download any part of our website in breach of these Website Terms of Use or otherwise breach these Website Terms of Use, 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.

 

6. Trademarks

6.1 “Zenith”, “Zenith Hygiene”, “SB Chemicals” and the associated logos shown on our website are trademarks and/or service marks of Zenith Hygiene Group Plc or members of our group.

6.2 All page headers, all graphics, all button icons, all trademarks, service marks, get-up and logos appearing on this website (unless otherwise noted) belong to us or their respective owners and you agree not to display or use (or misuse) the same in any manner or display or use (or misuse) product names, company names, logos without our or the respective owner’s prior written permission.

 

7. Reliance on information posted

7.1 Commentary and other materials (including without limitation text, graphics, links and other items, whether incorporated in advertising materials, materials relating to us, or our products or services or otherwise) posted on our website are not intended to amount to advice on which reliance should be placed and are provided without any representation or warranty of any kind and to the exclusion of all conditions and other terms which might otherwise by implied by statute, common law or the law of equity. To the maximum extent permitted by law, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents. By using our website, you confirm you have not relied on any content contained on our website.

7.2 The information contained in our website is not an invitation to invest in shares or other securities, or any other products or services or otherwise deal in these or enter into a contract with Zenith Hygiene Group Plc or any other company or other person. The information provided should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such decisions. Any reference to any product or service including the services which has been or may be provided by Zenith Hygiene Group Plc or any other company or other person, does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.

7.3 We make no warranty, condition or representation whatsoever as to any goods or services purchased or obtained or offered to you by third parties through our website and/or services (and we exclude all conditions and other terms which might otherwise by implied by statute, common law or the law of equity). Your dealings with any third parties, in particular advertisers and/or merchants, through our website and/or services, and any terms, conditions, warranties or representations with such third parties, are solely between you and such third party. The information contained in our website is not intended to supplement the information provided to customers for the purposes of determining amounts payable to Zenith Hygiene Group Plc, or due by Zenith Hygiene Group Plc to suppliers. All Zenith Hygiene Group Plc goods and services are sold subject to our separate terms and conditions of supply.

 

8. Our website changes regularly

8.1 We aim to update our website regularly, and may delete, suspend, revise or otherwise change the content and/or services it provides at any time (or any part thereof) without notice in our sole discretion. We may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

8.2 We may at our sole discretion terminate your access to some or all of our website or the services provided by it with or without notice.

 

 

9. Our liability

9.1 We take every care and precaution to ensure that information published on our website is accurate when posted and is regularly updated, but we cannot be held liable for its accuracy or timeliness and we may change the information at any time without notice. You must not rely on information on our website and you acknowledge that you must take appropriate steps to verify this information before acting upon it.

9.2 Our website, and the material and information displayed on it is provided “as is” without any guarantee, condition, representation or warranty of any kind, express or implied, as to the operation of our website, the accuracy of the information or the products or services referred to on our website.

9.3 To the fullest extent permitted by law, we, the other members of our group, our group’s officers and employees and all third parties connected to us hereby expressly exclude:

9.3.1 All warranties, conditions, terms, undertakings and obligations which might otherwise be implied by statute, common law, custom, trade usage, course of dealing or otherwise.

9.3.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials or information posted on it, including, without limitation any liability for:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings;

(e) loss of data;

(f) loss of goodwill;

(g) wasted management or office time;

(h) delays or failures you may experience in initialising, conducting or completing any transmission or transactions in connection with our website; and

(i) actions taken in response to breaches of our acceptable use policy.

9.3.3 Any liability for any other loss or damage of any kind, however arising and whether direct or indirect, and whether arising in tort (including negligence), breach of contract or otherwise, even if foreseeable.

9.4 Nothing in these Website Terms of Use (including our Privacy Policy) affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

9.5 Any reference in these Website Terms of Use to an exclusion or limitation of liability by us includes without limitation an exclusion or limitation (respectively) of liability in tort, including negligence and breach of statutory duty, unless otherwise stated.

9.6 We do not charge you a separate fee for access to and use of our website. On this basis you agree that these Website Terms of Use, and in particular the limits on our liability and obligations, are fair and reasonable and that your sole remedy is to stop using the website. If any exclusion or limitation of liability by us set out in these Website Terms of Use is found to be invalid or unenforceable for any reason, or if we are otherwise found liable under these Website Terms of Use, our total aggregate liability will be limited to £500.

 

10. Indemnity

You agree to indemnify, release and hold harmless, each member of our group, our group’s officers and employees and all other third parties connected to us (including without limitation our agents and representatives) from and against any and all losses, liabilities, damages, costs or expenses suffered or incurred, including without limitation legal fees, and any and all demands, claims, actions or proceedings which are brought or threatened, in each case arising in connection with any breach by you of these website terms of use, the content you submit, post or transmit to or via, and/or any misuse use by you of, our website and/or services. we may recover such amounts from you on behalf of the persons mentioned above.

11. Information about you and your visits to our website

11.1 We process information about you in accordance with our Privacy Policy, which forms part of these Website Terms of Use but is contained on a separate webpage for your convenience. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

11.2 We shall not be subject to any obligations of confidentiality regarding submitted information except as outlined in our Privacy Policy or as otherwise specifically agreed or required by law.

11.3 We reserve the right to monitor and track your visits to our website.

 

12. Transactions concluded through our website

12.1 Unless otherwise expressly agreed by us in writing, all contracts for the supply of goods and/or services formed through our website or as a result of visits to our website made by you are governed by our separate terms and conditions of supply. You must be registered with us as an authorised user to use this service.

 

13. Uploading material to our website

13.1 Whenever you make use of a feature that allows you to upload material 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 such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

13.2 If you post any material (including information) on our website, you agree to grant us a perpetual, irrevocable, royalty-free, transferable, assignable, sub-licensable (by multi-tier) licence to use that material as we see fit without notice to you unless otherwise agreed in writing between you and us. Any such material will be considered non-confidential and non-proprietary, and you warrant that such is the case and that we have the right to use, copy, distribute and disclose to third parties any such material for any purpose free of any intellectual property and moral rights. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

13.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.

13.4 We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

 

 

 

14. Viruses, security and compatibility

14.1 While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that our website and the services are virus-free and secure. We shall not be liable for any loss or damage which occurs as a result of any virus or breach of security, including without limitation any distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. You shall therefore be responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary. We give no warranties as to the compatibility of our website or the services with your computer systems, software and/or hardware.

14.2 You must not misuse our website 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 website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack or in any other way.

14.3 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 website will cease immediately.

 

15. Linking to our website

15.1 You may link to our home page, provided we do not object and you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.

15.2 You must not establish a link from any website that is not owned by you.

15.3 Our website must not be framed on any other website, 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 from which you are linking must comply in all respects with the content standards set out in these Website Terms of Use.

15.4 If you wish to make any use of material on our website other than that set out above, please address your request to customercare@zhgplc.com .

 

16. Links from our website

16.1 From time to time our website may also include links to other third party websites or resources. These links are intended to provide further information only and are not intended to signify that we or any of our business partners, group members or any other related third party endorses such websites and/or resources or related products or services or is in any way affiliated with the linked websites or have investigated, verified or monitored any of them.

16.1 We have no responsibility for the content of the linked website, its use or the products and/or services made available through it or for any loss or damage that may arise from your use of any of them. It is your responsibility to check the terms and conditions of any other websites or resources you may visit and you use them and the products and/or services made available through them at your own risk.

 

17. General

17.1 Each of the provisions of these Website Terms of Use (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect or impair the legality, validity or enforceability in that jurisdiction of the other provisions (and the provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable), or of that or any provision in any other jurisdiction.

17.2 A failure or delay by us in enforcing compliance with any provision of these Website Terms of Use shall not be a waiver of that or any other provision of these Website Terms of Use. None of these Website Terms of Use shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party. You may not assign any of your rights or obligations under these Website Terms of Use. The headings used in these Website Terms of Use are for convenience only and shall not affect interpretation. In these Website Terms of Use, unless specified to the contrary, use of the singular is deemed to include the plural, use of any gender is deemed to include every gender and any reference to a person is deemed to include a corporation, a partnership and any other body or entity, and (in each case) vice versa.

 

18. Entire agreement

18.1 These Website Terms of Use (including our Privacy Policy and together with the documents referred to in these Website Terms of Use) constitute the whole and only agreement and understanding between you and us in relation to its subject matter and the use of our website. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements of any nature whatsoever between you and us with any bearing on the subject matter of these Website Terms of Use or your use of our website are superseded and extinguished, except insofar as any such thing is expressly stated in these Website Terms of Use (together with the documents referred to in these Website Terms of Use). Except to the extent the law does not permit, all rights and liabilities arising by reason of any such thing, whether accrued or not at the date of your use of our website, as a matter of common law, statute, custom or otherwise (including actions brought in negligence) are cancelled and excluded.

18.2 You acknowledge that you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Website Terms of Use.

18.3 Our rights and your obligations under these Website Terms of Use and the other documents referred to in these Website Terms of Use are cumulative.

 

19. Variations

We may revise these Website Terms of Use (including the acceptable use policy and Privacy Policy) at any time. Please review this page regularly to take notice of any changes we make in these Website Terms of Use, as they are legally binding on you. Some of the provisions contained in these Website Terms of Use may also be superseded by provisions or notices published elsewhere on our website.

 

20. Jurisdiction and applicable law

20.1 The English courts will have exclusive jurisdiction to hear and determine or otherwise settle any claim, suit, dispute or action arising out of or in connection with these Website Terms of Use (including the Privacy Policy) or their subject matter or a visit to our website, although we retain the right to bring proceedings against you for breach of these Website Terms of Use in your country of residence or any other relevant country.

20.2 These Website Terms of Use (including the Privacy Policy) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

20.3 You agree that any notices and other communication (even those that would normally be required to be given in writing) may be given by us by e-mail or posted on our website and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you one hour after e-mail or posting.

 

21. Your concerns

21.1 If you have any concerns about material which appears on our website, please contact customercare@zhgplc.com.