Tippins Consulting - Advisors to National and International Food Service Contract Managers

Supply of Services Conditions - online transactions

1. Introduction
   1. These conditions relate to the supply by Tippins Consulting Limited ("the Company") of services designated in the Company's website as being available from the Company to the customer under these conditions through the Company's website ("the Services") and shall be treated as forming part of the Conditions for use of the Company's website - online transactions of the Company to the exclusion of any terms or conditions referred to by the customer. By using the Company's website the customer agrees to be bound by these conditions.
   2. The customer's application for the Company's Services is an offer to purchase a Service from the Company. The Company may decline to supply the Service to the customer without giving any reason or notification to the customer or and in any event no Service will be provided until payment has been authorised. If the Company declines to supply any Service payment will not be processed.
   3. These and any other applicable conditions may be amended by the Company from time to time. Use of the Company's website after the date any amendment takes effect shall constitute acceptance of that amendment.
2. Prices and payment
   1. The Company's prices for Services supplied in the Isle of Man or the United Kingdom include VAT where applicable but otherwise exclude VAT and all other taxes or duties.
   2. The prices for the Company's Services are specified in the Company's website and are payable in advance.
   3. The Company reserves the right at any time to change the prices for its Services without notice, and in respect of any Service performed after such a change the price shall be that current at the date of performance of the Service concerned.
   4. Authority for payment must be given at the time the customer's order is placed.
3. Performance of services
   1. The Company will endeavour to provide the Services reasonably promptly but shall not be liable for any loss, damage or expense arising from any delay or failure in performance from any cause whatsoever nor shall any such delay or failure entitle the customer to refuse to accept any performance or to repudiate any contract.
   2. The Company warrants that the Services are provided by reference to data in its possession or control which derive from information obtained by the Company from its own resources and from other persons and have not been independently verified. The Company shall not be liable for the completeness or accuracy of the Services it provides or their suitability for any particular application. The customer must satisfy itself as to the appropriateness of the Services for its requirements.
   3. The customer agrees and acknowledges that any data provided in connection with any Service in connection with any site referred to in the customer's application for the Company's Services relate only to that and to no other site and will not be used or disclosed except in relation to the operation of that site
4. Liability
   1. Except as otherwise expressly stated in these conditions, the conditions for the use of the Company's website or any privacy policy of the Company:
   2. the Company shall have no obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever under or in connection with any contract for the supply of any Services other than for death or personal injury resulting from its negligence or for fraud on the part of any of its employees whilst acting in the course of their employment; and
   3. the Company shall have no liability for any consequential loss or damage suffered, directly or indirectly, by the customer under or in connection with any contract for the supply of any Services, including but not limited to wasted time or expenditure, loss of profits, production, business revenue, expected savings or goodwill or any claim against the customer by any person.
   4. The Company's liability under or in connection with any contract for the supply of any Services shall in no circumstances exceed the price paid for them, exclusive of VAT.
   5. The Company shall be discharged of all liability to which these conditions apply unless proceedings are begun within six (6) months after the customer became aware (or should reasonably have become aware) of the facts giving rise to such liability.
5. Force majeure
   1. The Company shall not be liable for any delay or other failure to perform the whole or any part of any contract resulting from any cause whatsoever beyond the Company's control existing at the date of the contract or arising thereafter and the time for performance shall be extended by the period of any such delay.
6. General
   1. The Company may at its discretion sub-contract or transfer to any person all or any of its rights or obligations under or in connection with any contract but no contract shall be assigned by the customer without the Company's prior written consent. The customer warrants that it is ordering the Services as a principal on its own account and not on behalf of any other person.
   2. The acceptance of cancellation of any contract requested by the customer shall be at the Company's discretion and take effect only when written confirmation of such acceptance has been given by the Company.
   3. No right is granted to any third party to enforce any rights relating to the supply of goods or services.
7. Law, jurisdiction and construction
   1. The law applicable to these conditions shall be [Manx] law and the customer submits to the jurisdiction of the [Manx] courts, without prejudice to the right of the Company to invoke any remedies which may be available in any other jurisdiction including but not limited to temporary or permanent injunctions or other equitable relief.
   2. The headings of conditions are for convenience of reference only and shall not affect their interpretation.
8. Notices
   1. Any notice to be given to either party shall be in writing and if sent by facsimile or electronic mail or forwarded by prepaid first class (or in the case of customers outside the Isle of Man and the UK) airmail letter post to the receiving party at its business address as last notified in writing to the other party shall be deemed to have been given on the date of the facsimile or electronic mail transmission (if sent during normal office hours and provided a copy is sent the same day by post as aforesaid) or 2 working days (or 7 working days in the case of customers outside the Isle of Man or the UK) following the date of posting.

Conditions for use - online transactions

1. Introduction
   1. These conditions shall be incorporated in all contracts for the supply of services online by Tippins Consulting Limited ("the Company") to the exclusion of any terms referred to by the customer. By using the Company's website the customer agrees to be bound by these conditions.
   2. "ID" and "Password" mean respectively the ID and Password (and any amendment of them) issued from time to time to the customer and "Site" means the site for which the customer's ID and Password is registered.
   3. These and any other applicable conditions may be amended by the Company from time to time. Use of the Company's website after the date any amendment takes effect shall constitute acceptance of that amendment.
2. Issue of ID and Password and requests for service
   1. The issue of any ID or Password and the acceptance of requests by the customer from time to time for the Company's services are in each case at the discretion of the Company.
   2. As conditions of the supply of the Company's services, the customer must ensure that the details provided on registration are complete and accurate and that they are kept up to date. The customer agrees and acknowledges that any data provided by the Company in the course of providing its services or otherwise in reference to a Site referred to in the customer's application for the Company's services relate only to and will be used solely in the operation or management of that and no other Site and will not be used for any other purpose.
3. Online transactions
   1. It is a condition of the customer's use of the ID and Password that it complies in all respects with all instructions from time to time issued by the Company in connection with the sale of Company's services online.
   2. The customer shall be responsible in all circumstances for the accuracy of all orders placed online.
   3. The Company does not warrant that information or software provided or communications transmitted in connection with the online supply of Company services will be accurate or error free or free from viruses, and accepts no liability in the event its online facility becomes wholly or partly unavailable for whatever reason.
   4. The Company accepts no responsibility for the content of the Company website, whether in respect of material generated by the Company or derived from information or data provided by the customer or third parties, or for the content of websites or pages linked to the Company's website.
   5. The customer must not use or permit the use of the Company website for: disseminating any material which is unlawful, harassing, libelous, abusive, threatening, harmful or infringes the rights of any person or breaches any law or code of practice or is otherwise objectionable or interferes with any other person's use of the Company's website.
4. Use of ID and Password
   1. The customer shall ensure that the ID and Password are not made known to any person other than the customer's duly authorised employees having a need to know who are aware of and bound by this secrecy obligation.
   2. If the customer becomes aware or has reason to suspect that the ID or Password has or may become known to any other person it shall immediately notify the Company in accordance with the Company's procedures for such notification current from time to time and cease to use the ID and Password.
   3. The customer shall be responsible for and shall indemnify the Company against all claims, losses, damages, liabilities, costs and expenses incurred by the Company arising from the use of the ID and/or Password by the customer or any other person whether or not such use has been authorised by the customer in breach of these conditions.
   4. The customer will assist the Company in the investigation of the unauthorised use of the ID and/or Password.
5. Company's rights
   1. The Company reserves the right in its discretion or if it suspects that any breach of these conditions has occurred by giving written notice to the customer at any time immediately to:
   2. cancel or suspend the customer's right to use any ID or Password and upon such notice being given the Customer shall immediately cease to use the ID and Password unless and until subsequently authorised in writing by the Company to do so;
   3. direct that the ID and/or Password shall be changed and upon such notice being given the customer shall use the ID and/or Password solely in the form directed by the Company; or
   4. refuse to authorise any transaction involving the use of the ID or Password and upon such notice of refusal being given any offer to supply the Company's services concerned shall be deemed to have been immediately withdrawn or, as the case may be, any sale or agreement to supply such services shall be deemed to have been immediately rescinded, in each case without any liability on the part of the Company to the customer.
6. Intellectual property
   1. All patents, registered designs, registered trade marks and applications for any of the foregoing, copyright, design rights, confidential information, database rights, trade and business names (including internet names and email address names) and other intellectual property rights presently existing or arising in future in connection with the supply online of the Company's services shall be the sole property of the Company.
   2. The customer shall not during and after the period of the arrangements for the purchase of the Company's services online publish or circulate in any way or copy or reproduce in any form or modify in any way whatsoever any information provided by the Company or any part of such information unless expressly authorised to do so by the Company in writing or by law.
   3. The customer shall during and after the period of the arrangements for the purchase of the Company's services online keep confidential and in particular not use or permit to be used except in the operation or management of the Site or disclose to any other person other than to personnel having a need to know in connection with the operation or management of the Site who are in each case bound to treat the same as confidential on terms corresponding to those of these conditions any and all information acquired from the Company whether in the course of receiving the Company's services or otherwise except as far as such information is or becomes publicly available otherwise in breach of this obligation or as required by law.
   4. In addition to any other of its rights under these conditions the Company shall have the right (and the customer authorises the Company) to reproduce and use information and data supplied by the customer for the purposes of providing the Company's services to the customer and to others during and after the period of the arrangements contemplated by these conditions provided that such information and data shall be used only for statistical purposes and shall not identify the customer in relation to any particular item of information or data.
7. Data Protection
   1. The customer authorises the Company to carry out checks (including enquiries relating to directors and other individuals) with credit reference agencies who may keep a record of that search and to make available to such agencies information relating to the conduct of the customer's account, and the customer acknowledges that the agencies concerned may share the information supplied to them with other businesses in assessing applications for credit and/or fraud prevention.
8. Termination
   1. Either party may terminate the online supply and purchase of Company's services with the aid of the ID and Password by giving written notice to the other party at any time.
   2. Upon termination the customer shall immediately cease to use the ID and Password and any information or software provided by the Company.
   3. Termination of the right to use the ID and Password shall not affect any rights or obligations of the parties as between them which have arisen prior to the date of such notice or affect any of these conditions which expressly or by implication are to continue thereafter.
9. General
   1. The customer's right to use the ID and Password shall not be assigned or transferred to any third party.
   2. The customer enters into all contracts for the purchase of the Company's services solely as a principal and not on behalf of or for the benefit of any other person and shall not make available to or use on behalf of any other person any information supplied by the Company except with the Company's prior written consent.
   3. The customer acknowledges that he is not dealing with the Company as a consumer.
   4. A person who is not a party to any contract for the supply of the Company's services has no right to enforce any term of that contract.
   5. The law applicable to these conditions and all contracts for the online supply of the Company's services shall be the law of the Isle of Man and the customer submits to the jurisdiction of the Manx courts, without prejudice to the right of the Company to invoke any remedies which may be available in any other jurisdiction including but not limited to temporary or permanent injunctions or other equitable relief.
   6. The headings of the terms and conditions in these conditions are for convenience of reference only and shall not affect their interpretation.

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