01355 611 020 info@enterprisefoods.co.uk Terms & Conditions Enterprise Foods Terms & Conditions Enterprise Foods – Terms of Use This document states the terms and conditions under which you may use this website and the Services, which are the property of Enterprise Foods LTD. (“Enterprise Foods”). Your use of this site and the Services constitutes acceptance of these terms and conditions. 1. General Use Restrictions Enterprise Foods, advice, materials, products, websites and network (collectively the “Services”) are to be used for the User’s (meaning a named individual user that uses the publicly available Services, or is authorized by Enterprise Foods in a service agreement to use the Services that require paid access) use and benefit only pursuant to the terms and limitations of the paid subscription and may not be disclosed, disseminated or distributed to any other party, except as Enterprise Foods otherwise agrees in writing. The User will not circumvent any encryption or otherwise gain access to Services for which the User has not been expressly granted the appropriate rights of access. The User will not use the Services for or knowingly transmit to Enterprise Foods or upload to any Enterprise Foods site or network any illegal, improper or unacceptable material or use them for illegal, improper or unacceptable practices Including without limitation the dissemination of any defamatory, fraudulent, infringing, abusive, lewd, obscene or pornographic material, viruses, trojan horses, time bombs, worms, or other harmful code designed to interrupt, destroy, or limit the function of any software, hardware or communications equipment, unsolicited mass email or other internet based advertising campaigns, privacy breaches, denial of use attacks, spoofing, or impersonation. 2. Copyright The Services are Â© Enterprise Foods LTD. All rights reserved. The Services are owned by and copyrighted by Enterprise Foods and other parties and may contain trademarks of Enterprise Foods or others. They are protected by , UK and international copyright and trademark laws and conventions. User may use the Services solely for his or her own information purposes pursuant to the terms and limitations of the paid subscription. The User may download any of the Service’s tools or templates for his or her individual use, but may not distribute any articles, tools, templates or blueprints internally, subject to the exceptions below. The User may create derivative works from the Service’s tools or templates and distribute these for internal use but may not distribute these derivative works internally or externally for any commercial or resale purposes. Enterprise Foods is proud of and believes in the value of the Services it provides to Users. Enterprise Foods also appreciates referrals that Users generate by forwarding articles, tools and templates downloaded from the Services to non-Users. Enterprise Foods encourages Users to forward copies of individual articles, tools, templates and blueprints contained in the Services to colleagues and others who may be interested Enterprise Foods’s Services in order for the recipient to evaluate Enterprise Foods’s Services (“Evaluation Copy”), provided all copyright, trademark and other notices are not altered or removed. For greater certainty, Users may forward Evaluation Copies of articles, tools, templates and blueprints contained in the Services to other non-User individuals both internal and external to the User’s organization strictly for the purpose of the recipient’s evaluation of Enterprise Foods’s Services and not for any other purpose or use. User acknowledges and agrees that he or she will forward Evaluation Copies to non-Users for the sole purpose of the recipient non-User’s evaluation of Enterprise Foods’s Services. Enterprise Foods reserves the right to review, at its sole discretion, User’s account for forwarding activity, Including but not limited to reviewing the quantity and description of any Evaluation Copies forwarded as well as the identification and contact information of the recipients of all Evaluation Copies. The User acknowledges that Enterprise Foods views Evaluation Copies as a referral system and understands that Enterprise Foods may attempt to contact the recipient non-User in order to assess his or her satisfaction with the Evaluation Copy and interest in Enterprise Foods’s Services. User also acknowledges and agrees that Enterprise Foods reserves the right, at Enterprise Foods’s sole discretion, to limit or disable User’s ability to forward Evaluation Copies of articles, tools, templates and blueprints upon review of User’s forwarding activities. Any other reproduction or dissemination of the Services in any form or by any means is forbidden without Enterprise Foods’s written permission, and without limiting the generality of the foregoing, the User will not: A. record and re-transmit the Service over any network (Including any local area network), except as otherwise stated above; B. use any Service in any timesharing, service bureau, bulletin board or similar arrangement or public display; C. post any Service to any other online service (Including bulletin boards or the Internet); D. sublicense, lease, sell, offer for sale or assign the Service; or E. use Enterprise Foods’s name or any excerpts from the Services in the promotion of its products or services. 3. Users Users must be authorized to use the Services by Enterprise Foods. Users must maintain and protect the confidentiality of any password(s), and are responsible to ensure that the passwords are effective. Users shall advise Enterprise Foods immediately if they discover that their password has been compromised, at the following number 01355 611020. 4. User Submissions Enterprise Foods’s research services include the ability for clients to contribute content for publication on Enterprise Foods’s websites. If your account is used to submit, post, or add content to Enterprise Foods’s websites, (collectively, “User Submissions”), you agree to accept sole responsibility for those User Submissions, Including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein. When you provide any User Submission to us, you grant us, our affiliates, and our partners, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called “moral rights” in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed. By using Enterprise Foods’s research services, you agree that none of your User Submissions will: â€¢ infringe on the intellectual property, trade secret, privacy, publicity, or other rights of others; â€¢ contain false statements or misrepresentations that could damage Enterprise Foods or any third party; â€¢ LTDlude obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by Enterprise Foods in its sole discretion; â€¢ be illegal or otherwise objectionable; â€¢ contain the personal information of any third party, Including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; â€¢ encourage or facilitate insider trading or anticompetitive behavior; â€¢ LTDlude commercial advertisements or solicitations; or â€¢ purport to or actually provide legal or professional advice. Because Enterprise Foods’s Web sites are available to the public, we cannot guarantee that User Submissions on Enterprise Foods’s Web sites will remain confidential. Although you are solely responsible for the content you provide and we do not have a policy of reviewing or monitoring all User Submissions, we reserve the right to pre-screen and/or monitor User Submissions. If we become aware of User Submissions that violate these Terms of Service or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion. If you believe that any User Submissions appear to violate these Terms of Service, or if you believe any other user is engaged in illegal, harassing, or objectionable behavior, please contact us. You acknowledge, consent and agree that Enterprise Foods may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Enterprise Foods, its users and the public. 5. Non-Disclosure of Confidential Information In consideration of, and reliance upon, the covenants of Company and Enterprise Foods herein contained, the parties have or will disclose to each other certain information (hereinafter referred to as “Confidential Information”), Including, without limitation, information concerning future or proposed products, financial performance and projections, customers, employees, contracts, strategic relationships, marketing plans and business plans and other information disclosed by a party (the “Disclosing Party”) to the other party (the “Receiving Party”). Information which is disclosed orally shall not be considered Confidential Information unless (i) it is identified as Confidential Information prior to such disclosure, and (ii) it is memorialized in writing within fifteen (15) days following such disclosure by the Disclosing Party. Information which is disclosed visually or in tangible form (whether by document, electronic media or other form) shall not be considered Confidential Information unless it is clearly marked as Confidential Information, whether disclosed orally, visually or in tangible form (whether by document, electronic media or other form), shall not be considered Confidential Information if such information is actually non-confidential: â€¢ It was in the public domain at the time of communication to the Receiving Party or is later placed in the public domain by the Disclosing Party; â€¢ It entered the public domain through no fault of the Receiving Party subsequent to the time of disclosure hereunder to the Receiving Party; â€¢ It was in the Receiving Party’s possession free of any obligation of confidence prior to disclosure hereunder; or â€¢ It was developed by employees or agents of the Receiving Party independently of and without reference to any Confidential Information. Except as provided herein, “Confidential Information” shall LTDlude, without limitation, proprietary, technical, marketing, operating, performance, cost, business pricing policies, programs, inventions, discoveries, trade secrets, techniques, processes, source code, unlinked object modules, computer programming techniques, and all record bearing media containing or disclosing such information and techniques disclosed pursuant to this Agreement. Information regarding current products shall be treated as non-“Confidential Information” unless marked “Confidential”. The Receiving Party shall not disclose, publish or communicate the Confidential Information to any third party without the prior written consent of the Disclosing Party. However, the Receiving Party may disclose the Confidential Information to a third party who has a need to know the Confidential Information and (i) is an accountant, attorney, underwriter or advisor under a duty of confidentiality; or (ii) is under a written obligation of confidentiality at least as restrictive as this Agreement. 6. Term Many of the Services are “subscription” services that have a fixed term, and must be renewed in writing at the end of the term for services to continue. Workshops purchased as part of membership expire without refund or credit at the end of the membership period covered by the purchase. Workshops purchased outside membership expire without refund or credit 1-year after purchase. Enterprise Foods may terminate a User’s access at any time if the User or the entity paying for the User’s access violates the terms of use or subscription or any other agreement with Enterprise Foods. Any early termination by the User of any subscription based Service shall not entitle the User to refund. 7. Cancellation All Enterprise Foods web publication and/or subscription content is available upon first access, therefore, fees will not be refunded if a subscription is cancelled during the active term. 8. Changes Enterprise Foods may change or discontinue any aspect of its Services at any time, Including content or features. Enterprise Foods also reserves the right to change the terms and conditions applicable to use of the Services. Use of the Services after such changes shall be deemed to be acceptance by User of such changes. These terms were last revised on March 9, 2018. 9. Accuracy of Information and Warranty The information contained in the Services has been obtained from sources believed to be reliable but Enterprise Foods does not warrant the completeness, timeliness or accuracy of any information contained in the Services. The Services are intended to: help identify business risks; provide insights based on industry research; and to help you focus on certain matters which may be affecting your business. Enterprise Foods does not provide legal, accounting or other professional advice, nor should any advice from Enterprise Foods be construed as such. We encourage you to seek professional advice whenever necessary. Enterprise Foods expressly excludes and disclaims all express or implied conditions, representations and warranties Including, without limitation, any implied warranties or conditions of merchantability or fitness for a particular purpose, to the extent allowable by law. Although Enterprise Foods takes reasonable steps to screen Services for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties before making the Services available, Enterprise Foods cannot guarantee that any Service will be free of infection. User assumes sole responsibility for the selection of the Services to achieve its intended results. The opinions expressed in the Services are subject to change without notice. Enterprise Foods does not endorse third party products or services. Enterprise Foods assesses and analyzes the effectiveness and appropriateness of information technology in the context of a general business environment only unless specifically hired by a User to assess in the context of their own environment. 10. Limitation of Liability In no event is Enterprise Foods liable for any direct, special, indirect, consequential, LTDidental, punitive or other damages however caused, whether in contract, tort, negligence, strict liability, operation of law or otherwise, (Including without limitation damages for lost profits, business interruption or loss arising out of the use of or inability to use the Services, or any information provided in the Services, or claims attributable to errors, omissions or other inaccuracies in the Service or interpretations thereof), even if Enterprise Foods has been advised of the possibility of such damages. Enterprise Foods’s total liability shall in no event exceed the amount paid by the User for the Service in question. The User acknowledges that Enterprise Foods has set its prices and sold the Services to it in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and that the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between the User and Enterprise Foods is found to have failed in its fundamental or essential purpose or has been fundamentally breached. 11. Links to Third-Party Sites Any third party sites that are linked to the Services are not under Enterprise Foods’s control. Enterprise Foods is not responsible for anything on the linked sites, Including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have. Enterprise Foods provides links as a convenience only and such links do not imply any endorsement by Enterprise Foods of those sites. 12. Investment Advice The Services are not intended to be used for the purpose of, or as a basis for, making investment decisions or recommendations with respect to securities of any company or industry and Enterprise Foods assumes no liability for decisions made, in whole or in part, on the basis of any information contained in the Services. 13. Governing Law This site and agreement is governed by the laws of the ProvLTDe of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against Enterprise Foods shall take place in the courts of the ProvLTDe of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario. 14. Entire Agreement These standard terms of use, together with any service agreements and statements of work, signed by the parties contains the complete and exclusive statement of agreement between the parties and supersedes all purchase order terms and conditions, understandings, proposals, negotiations, representations or warranties of any kind whether written or oral. These terms and conditions may not be modified except via written agreement signed by both parties. 15. Privacy A User’s right to privacy is of paramount importance to Enterprise Foods. See our Privacy Policy for more detail. The identity of our research clients is not considered personal or confidential information, and we may disclose that information for promotion and marketing purposes. Enterprise Foods bridge the gap between great local food and drink suppliers and national customers. Est. in 1995 we have over 20 years experience making local work. Contact Us Enterprise Foods, Unit 2 Napier Building, Scottish Enterprise Technology Park, Reynolds Avenue, East Kilbride, Glasgow G75 0AF info@enterprisefoods.co.uk 01355 611 020 Connect With Us © Enterprise Foods Ltd Terms & Conditions | Privacy Policy