Introduction
This website is owned and provided by The Bed Supermarket
Limited (registered in England and Wales with company number 06643567) whose
registered address is at 16 Churchill Way, Cardiff, CF10 2DX.
In these Terms and Conditions, "we",
"our" and "us" means The
Bed Supermarket Limited trading as bedsupermarket.com and "you"
and "your" means any person who accesses and uses
this Website.
Section 1 (applies to all products)
1.0
General
1.1
Access to and use of this website is subject to these
Terms and Conditions and our Privacy Policy. By accessing and using this
website you agree to be bound by and to act in accordance with these Terms
and Conditions and our Privacy Policy. If you do not agree to these Terms and
Conditions or our Privacy Policy, you are not permitted to access and use
this website.
1.2
If you breach any term of these Terms and Conditions, your
right to access and use this website shall cease immediately.
1.3
We reserve the right to amend these Terms and Conditions
from time to time without notice to you. The amended Terms and Conditions
will be effective from the date they are posted on this website. As these
Terms and Conditions may be amended from time to time, you should check them
whenever you visit this website. Your continued use of this website will
constitute your acceptance of the amended Terms and Conditions.
2.0
Our Service
2.1
We provide an independent and online service, which
enables you to compare beds, mattresses and other related products provided
by third parties. Our comparison service is free for you to use.
2.2
Please be aware that nothing within this website is, or
shall be deemed to constitute, advice or a recommendation or an endorsement
by us. Information on this Website is provided for general information
purposes only and should not be relied upon by you. You should always check
the suitability, adequacy and appropriateness of the product that is of
interest to you and it is your sole decision whether to obtain or refrain
from obtaining any product.
2.3
Please be aware that nothing within this website is, or
shall be deemed to constitute, an offer by us or any third party to sell to
you any product or to enter into any contract with you in respect of any product.
By submitting your details, you are making an offer to obtain the relevant
product from the relevant third party on its terms and conditions that may be
accepted or rejected. The contract for the product will only be concluded
once your offer has been accepted. You will receive confirmation from the
relevant third party when your offer has been accepted.
2.4
We aim to provide uninterrupted access to this website,
however, we reserve the right to suspend, restrict or terminate your access
to this website at any time.
2.5
We reserve the right to add, amend, delete, edit, remove
or modify any information, content, material or data displayed on this
website from time to time.
3.0
Permitted use
3.1
You are only permitted to access and use this website for
your personal, non-commercial purposes, meaning this website may only be
accessed and used directly by a private individual to seek a product directly
for that individual and on their own behalf. Access to and use of this
website other than for your personal, non-commercial purposes is strictly
prohibited.
3.2
You are not permitted to use this website:
-
In any unlawful, fraudulent or commercial manner.
-
To harm, threaten, abuse, embarrass, defame, libel,
intimidate or harass another person, or in a way that invades another
person's privacy or is obscene, offensive, hateful, indecent, inappropriate,
objectionable, unacceptable, discriminatory or damaging as determined by us.
-
To create, check, confirm, update, modify or amend your
own or another person's databases, records or directories.
-
To tamper with, modify, reverse engineer or amend any part
of this website.
- In a way that interferes with, disrupts or imposes an
unreasonable or disproportionately large burden on our communications and
technical systems as determined by us.
-
Using any automated software, process,
program, robot, web crawler, spider, data mining, trawling or other
'screen scraping' software, process, program or system.
3.3
You may operate a link to this website provided you do so
in a way that is fair and legal and does not damage our reputation or take
advantage of it, as determined by us. You must not operate a link to this
Website in such a way as to suggest or imply any form of association,
approval or endorsement by us. We reserve the right to require you to
remove any link to this website at any time and to withdraw any linking
permission.
4.0
Intellectual property rights
4.1
The
copyright in the information, content, material or data displayed on this
website belongs to us or our licensors. You may temporarily print, copy,
download or store extracts of information, content, material or data
displayed on this website for your own personal use, subject to the following
conditions:
-
It may not be used for any commercial purposes and may not
be commercially exploited, published, distributed, extracted, re-utilised or
reproduced without our prior written consent.
-
You may not use any automated software, process, program
or system, robot, web crawler, spider, data mining, trawling or other 'screen
scraping' software, process, program or system.
- It may not be sold or transferred to any third party.
- The copy must retain any copyright or other intellectual
property notices contained in the original material.
- Images displayed on this website are protected by
copyright and may not be reproduced or appropriated in any manner without the
prior written consent of their respective owner(s).
- No logos, trademarks or service marks displayed on this
website may be printed or downloaded, except as part of the text of which
they form part.
- You must not modify the paper or digital copies of such
information, content, material or data.
- It may not be excerpted, utilised, used, reproduced,
published, reformatted and/or displayed on any other website without our
prior written consent.
- The status of us and our licensors as the authors of such
information, content, material or data must be acknowledged.
4.2
All intellectual property rights including, without
limitation, all copyright, design rights, patents, inventions, logos,
business names, trading names, service marks and trade marks, internet domain
names, moral rights, rights in databases, data, source codes, software,
specifications, know how, processes and business methods (in all cases
whether registered or unregistered and including all rights to apply for
registration) in and relating to this website (including information,
content, material or data displayed on it) belong to us or our licensors and
all such rights are reserved.
4.3
Except as set out elsewhere in these Terms and Conditions,
none of the intellectual property rights belonging to us or our licensors in
and relating to this website (including information, content, material or
data displayed on it) may be used, copied, modified, published, extracted,
utilised, transmitted, displayed, sold, excerpted, reverse engineered, made
available, reproduced, reformatted or distributed by you without our prior
written consent.
4.4
We own all rights in bedsupermarket.com.
4.5
You shall retain ownership of any views, opinions,
reviews, ratings, comments, content or material you submit, display,
distribute, upload, post, share, publish or otherwise make publicly available
on or through this website. You grant us a perpetual, irrevocable,
transferable, worldwide, royalty free and unlimited licence to use, modify,
keep, share, sell, save, copy, distribute, publish, display, excerpt,
reproduce, utilise, extract, make available and transmit such content in any
manner and for any purpose.
5.0
Limits to our liability
5.1
Nothing in these Terms and Conditions excludes or limits
our liability for death or personal injury caused by our negligence or for
our fraud or fraudulent misrepresentation.
5.2
Whilst we use reasonable endeavours to ensure that
information on this website is accurate and up to date and to correct errors
as soon as we are able to after becoming aware of them, we do not check,
monitor, review, verify or endorse, and we are not responsible or liable for
any loss or damage you may suffer or incur in connection with, any
information, content, material or data collected from or provided by third
parties which is displayed on or is otherwise available from this Website or
any third party websites. Such information, content, material or data may be
inaccurate, incomplete or out of date. It is your responsibility to check
that such information, content, material or data is accurate, complete,
correct and up to date.
5.3
Any views, opinions, advice, reviews, ratings or comments
on this website or any third party websites which are made by third parties
do not represent our views or advice, should not be relied upon by you and
are not checked, monitored, reviewed, verified or endorsed by us. We are not
responsible or liable for any loss or damage you may suffer or incur in
connection with such views, opinions, advice, reviews, ratings or comments
including in relation to their accuracy, truthfulness or completeness.
5.4
We do not give any warranty or guarantee that this
website, any third party website or any information, content, material or
data on this website or any third party website is free from viruses,
spyware, malicious software, trojans, worms, logic bombs or anything else
which may have a contaminating, harmful or destructive effect on any technology.
You must ensure that you use appropriate virus checking software. We are not
responsible or liable for any loss or damage you may suffer or incur in this
regard where caused by any third party.
5.5
We are not responsible or liable for any loss or damage
you may suffer or incur in connection with your use of this website which is
caused by any event beyond our reasonable control including the electronic
transmission of information, content, material and data over the internet and
the interception or decryption of it by others.
5.6
We are not responsible or liable for any indirect loss or
damage you may suffer or incur in connection with your use of this website
(including any loss of savings you expect to make) or for any loss or damage
you may suffer or incur in connection with your use of this website which was
not foreseeable by us when you used this website.
5.7
We are not responsible or liable for any loss or damage
you may suffer or incur in connection with any inability to access and use
this website for any reason.
6.0
Exclusion of our liability in respect of third
party websites and products
6.1
You can apply for a number of products via this website.
These products are not provided by us but are instead provided by third
parties over whom we do not have control. It is your responsibility to
satisfy yourself that you wish to obtain any product before doing so. We are
not responsible or liable for any loss or damage you may suffer or incur in
connection with any product you obtain after using this website or for any
acts, omissions, errors or defaults of any third party in connection with
that product.
6.2
Please be aware that the information and descriptions of
products on this website may not represent the complete descriptions of all
the features and terms and conditions of those products. You must ensure that
you carefully read all the features and terms and conditions of any product
before applying for it.
6.3
If you apply for and obtain any product, you will be
contracting with a third party who will be providing that product to you on
their own terms and conditions. It is your responsibility to ensure that you
understand and agree with those terms and conditions before entering into a
contract to obtain that product. We are not responsible or liable for any
loss or damage you may suffer or incur in connection with the terms and
conditions applying to any contract entered into by you with any third party
in relation to any product or for any acts, omissions, errors or defaults of
any third party in connection with those terms and conditions.
6.4
We provide links from this Website and from emails sent to
you as part of our service to the websites of third parties. These websites
are owned and operated by third parties over whom we do not have control. You
access and use these third party websites at your sole risk and your sole
discretion. You are solely responsible for any use of these third party
websites and for any decision to obtain or refrain from obtaining any of the
products available on such third party websites. Any links to third party
websites are provided for your interest and convenience only. We do not
endorse, recommend or take responsibility for such third parties, their
products or their websites. We are not responsible or liable for any loss or
damage you may suffer or incur in connection with your use of any third party
websites or for any acts, omissions, errors or defaults of any third party in
connection with their website.
6.5
Your use of any third party website will be governed by
the terms and conditions of use and privacy policy applicable to that
website. Such terms and conditions of use and privacy policy will be
different from these Terms and Conditions and our Privacy Policy. It is your
responsibility to ensure that you understand and agree with the terms and
conditions of use and privacy policy of any third party website before using
that website. We are not responsible or liable for any loss or damage you may
suffer or incur in connection with the terms and conditions of use or the
privacy policy applying to any third party website or for any acts,
omissions, errors or defaults of any third party in connection with those
terms and conditions of use and/or privacy policy.
7.0
Your responsibilities
7.1
You must take all reasonable precautions (including using
appropriate virus checking software) to ensure that any information, content,
material or data you provide is free from viruses, spyware, malicious
software, trojans, worms, logic bombs and anything else which may have a
contaminating, harmful or destructive effect on any part of this website or
the websites of third parties or any other technology.
7.2
You may complete a registration process as part of your
use of this website, which may include the creation of a username, password
and/or other identification information. Any username, password and/or other
identification information must be kept confidential by you and must not be
disclosed to, or shared with, anyone. Where you do disclose to or share with
anyone your username, password and/or other identification information, you
are solely responsible for all activities undertaken on this website using
your username, password and/or other identification information.
7.3
You must check and ensure that all information, content,
material or data you provide on this website is correct, complete, accurate
and not misleading and that you disclose all relevant facts. We do not accept
any responsibility or liability for any loss or damage you may suffer or incur
if any information, content, material or data you provide on this website is
not correct, complete and accurate or if it is misleading or if you fail to
disclose all relevant facts.
7.4
Before you obtain any product from a third party, you must
check all of the information, content, material or data held by the third
party about you to ensure it is correct, complete, accurate and not
misleading and that you have disclosed all relevant facts. It is your
responsibility to identify and correct any mistakes or errors in the
information, content, material or data held by the third party about you
before you obtain any product. Failure to do so could invalidate the product
provided by the third party. We do not accept any responsibility or liability
for any loss or damage you may suffer or incur if any information, content,
material or data held by the third party about you is not correct, complete
and accurate or if it is misleading or if you have failed to disclose all
relevant facts.
7.5
You must get permission from any other person about whom
you propose to provide information before you provide it. In submitting any
other person's details, you are confirming to us that you have their
permission to do so and that they understand how their details will be used.
7.6
You are solely responsible and liable for your conduct on
this website. You must ensure that:
- Your user content does not violate or infringe any privacy
rights, intellectual property rights (such as copyright, database rights and
trade marks) or other rights of any third party (including any right of
confidentiality).
- Your user content does not violate or infringe any law.
- Your user content is true, complete, accurate and not
misleading where it relates to facts, or is genuinely held where it relates
to an opinion.
- Your user content is not harmful, fraudulent, threatening,
defamatory, embarrassing, distressing, infringing, abusive, inflammatory,
intimidating, harassing, libellous, stalking, profane, obscene, indecent,
inappropriate, hateful, discriminatory or racially, ethnically, sexually or
otherwise objectionable.
7.7
You agree that you will be liable to us for any damage,
loss, claim, demand, liability or expense (including reasonable legal fees)
that we may suffer or incur arising out of or in connection with your conduct
on this website and/or your user content.
8.0 Your telephone calls
8.1
Telephone calls that you make to our customer services
help line on XXXX XXX XXXX may be monitored
and/or recorded. This will help us to train our staff and improve our service
to you. A recording will only be used under proper and careful supervision.
Our customer service help line is available Monday to Friday 9.00am to 5.30pm
GMT and all calls will be charged at local rate.
9.0 Privacy
9.1
We are committed to protecting your privacy and we treat
your privacy very seriously. We process information about you in line with
our Privacy Policy. By using this website, you agree to the way in which we
process and deal with your personal information.
9.2
We may disclose your personal information or access your
account if required to do so by law, any court, the Office of Fair Trading or
any other applicable regulatory, compliance, Governmental or law enforcement
agency.
10.0
Miscellaneous
10.1
This website is only intended for use by residents of the
United Kingdom. We make no warranty or representation that any product
referred to on this website and/or any service we provide is available or
otherwise appropriate for use outside of the United Kingdom. If you choose to
use this website from locations outside the United Kingdom, you do so at your
sole risk and you are responsible for compliance with all applicable local
laws.
10.2
If any provision of these Terms and Conditions is held to
be unlawful, invalid or unenforceable, that provision shall be deemed deleted
from these Terms and Conditions and the validity and enforceability of the
remaining provisions of these Terms and Conditions shall not be affected.
10.3
These Terms and Conditions constitute the entire agreement
between you and us relating to your access to and use of this website and
supersedes any prior agreements (including any previous terms of use of this
website).
10.4
No failure or delay by us in exercising any right under
these Terms and Conditions will operate as a waiver of that right nor will
any single or partial exercise by us of any right preclude any further
exercise of any right.
11.0 Governing law
11.1 These Terms of Use and your access to and use of this
Website shall be governed by and interpreted in accordance with English law.
13.2 Each of you and us submits to the exclusive jurisdiction of the courts of
England and Wales in connection with these Terms of Use and your access to and
use of this Website (including any claims or disputes).
12.0
User generated content (including discussion forums
and user reviews)
You agree that any user content will comply with this
paragraph 12.
You are not permitted to use this website to:
- Collect email addresses or other contact information of
others for the purposes of sending unsolicited emails or other unsolicited
communications.
- Promote or encourage illegal activity.
- Do anything that is unlawful, harmful, fraudulent,
threatening, defamatory, embarrassing, distressing, infringing, abusive,
inflammatory, intimidating, harassing, libellous, stalking, profane, obscene,
indecent, inappropriate, hateful, discriminatory or racially, ethnically,
sexually or otherwise objectionable or for the purpose of harming or
attempting to harm minors in any way.
- Do anything, which violates the rights of others (such as
rights of privacy).
- Impersonate any other person or falsely state or otherwise
misrepresent yourself.
- Upload, post, transmit, distribute, share, store or
otherwise make publicly available any personal information of any other
person including names, addresses, phone numbers and email addresses.
- Upload, post, transmit, distribute, modify, reproduce,
share, store or otherwise make publicly available any information, material,
data or content that infringes any patent, trade mark, trade secret,
copyright or other intellectual property right of any other person.
- Send any unsolicited or unauthorised advertising,
promotional materials, 'junk mail', 'spam', 'chain letters' or any other form
of such solicitation.
- Post links to alternative community groups or forums
except with our prior written consent.
We reserve the right, but have no obligation, to review or
monitor any user content. We are not responsible or liable for the review or
monitoring of any user content.
We reserve the right to close, delete, edit, refuse to
post, amend, modify or remove (without notice) any user content at our sole
discretion for any reason, including without limitation, user content that in
our sole opinion breaches these Terms and Conditions.
You agree that any information you provide to us about
yourself will be true, accurate and complete, and that you will ensure that
this information is kept accurate and up-to-date at all times.
You agree that we may disclose your identity (including
your name, email address and contact details) if required to do so by law,
any court, the Office of Fair Trading or any other applicable regulatory,
compliance, Governmental or law enforcement agency.
We advise you to think very carefully before posting or
uploading any personally identifiable information about you on this website.
If you consider that any user content breaches these Terms
and Conditionsor the user content standards, please email info@bedsupermarket.com.
13.0
Vouchers
Voucher codes are provided to us by third parties over
whom we do not have control. We do not guarantee or warrant that the voucher
codes are valid. You must check that any discounts have been applied prior to
making any purchase using any voucher code. We are not responsible or liable
for any loss or damage you may suffer or incur in connection with any voucher
codes.