Terms of Use

IMPORTANT INFORMATION

This website is owned and operated by Pochin's PLC ("we", "our" and "us"), whose registered office is at Pochin's PLC Brooks Lane, Middlewich, Cheshire, CW10 0JQ, England.

Please read these terms and conditions carefully as they apply to your access to and use of our website. By using www.pochins.plc.uk, you agree to be legally bound by these terms and to link our site only through our homepage. If you do not agree to these terms, please leave the site. You will be asked to tick the box indicating that you have read these terms of use and wish to proceed.

You may save these terms and conditions for your future reference by clicking on "save" and print a copy of them by clicking on "print".

Data Protection and Privacy
We request that you pay particular attention to our Privacy Policy below which sets out the principles by which we abide in relation to the treatment of information about visitors to our website.

Please read our Privacy Policy which governs your visit to www.pochins.plc.uk. Any personal information which you give to us will be stored and used in accordance with our Privacy Policy.

Registering your personal details
From time to time, you may be asked to register your details with us in order to receive information from us, and/or in order to receive products or services, or enter competitions. Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when registering.

You can access and update much of the information you may have provided us with in the Edit Profile area of the website.

Pochin's PLC reserves the right to refuse access to the website, terminate accounts, and remove or edit content at our discretion.

Interactive services
If you choose to access any interactive services provided by www.pochins.plc.uk, then there may be other guidelines or rules which you will have to abide by. For example, if you enter any chatroom or other community area we expect all our users to behave in a respectful way to other users.

Hyperlinks
This website may include hyperlinks to websites operated by other parties and content posted by visitors to our website. If you decide to access other websites, then you will be leaving www.pochins.plc.uk. We are not responsible for examining or evaluating them or their content, and their inclusion does not imply our endorsement of their content.

We are therefore not responsible for the content of external Internet sites that link to this website, or which are linked from it, and for any dealings which you may have or the consequences of such dealings with the operators of those sites.

We are not responsible for any loss or damage suffered by you in linking to any other site or sites. Nor are we responsible for any content posted to this website by visitors.

Security
Access to your user account with us and the premium areas of this website will be gained by using the username and the password selected by you during the registration procedure.

You are responsible for maintaining the confidentiality of your account and the proper use of your username, password and account and for restricting access to your computer to prevent unauthorised access to your account.

You should take all necessary steps to ensure that the password is kept confidential and secure, and should 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.

You agree to accept responsibility for all activities that occur under your account or password. In order to assist us with our security policy, you should not leave your computer terminal unattended while you are logged on to our website and should ensure that it is switched off each time you have finished.

We reserve the right to refuse service or terminate your account if we suspect an unauthorised person is attempting to access it.

Access to www.pochins.plc.uk
We will endeavour to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. Also, your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Intellectual Property Rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of Pochin's PLC, its affiliates or its content suppliers, and is protected by United Kingdom and international copyright and other intellectual property rights.

All software used on this website is the property of Pochin's PLC, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws. It is published by us, and may not be reproduced other than by downloading and viewing on a single CPU and/ or printing a single hard copy for private or internal business purposes only. It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without prior written consent.

Pochin's logos are the trademarks of Pochin. Pochin's trademarks and trade address may not be used in connection with any product or service that is not Pochin's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pochin. All other trademarks not owned by Pochin that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pochin's PLC.

No rights are granted to use any of them without our prior written consent.

Any infringement of our rights will result in appropriate legal action.

Any framing of this website is prohibited. All links to this website must go to www.pochins.plc.uk/. Please do not link directly to any other pages on this website. We cannot accept any responsibility or liability for access to or the material on any site which is linked from or to this website.

Licence for website access
Pochin's PLC grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pochin's PLC. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.pochins.plc.uk and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Pochin's PLC or its affiliates' names or trademarks without the express written consent of Pochin's PLC. Any unauthorised use terminates the permission or license granted by Pochin's PLC.

Reviews, comments, communications and other content
Users of the Pochin Fans Forum provided by this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information.

If you do post content or submit material, and unless we indicate otherwise, you grant www.pochins.plc.uk and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pochin's PLC and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Pochin's PLC, including the execution of deeds and documents, at the request of Pochin's PLC.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to pochin.plc.uk: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable pochin.plc.uk policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Pochin's PLC and its affiliates for all claims brought by a third party against Pochin's PLC or its affiliates arising out of or in connection with a breach of any of these warranties.

Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

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

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 site will cease immediately.

We will not be liable for any loss or damage caused by a 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 the website or to your downloading of any material posted on it, or on any website linked to it

When using www.pochins.plc.uk you agree:

not to do anything which will or might damage, interfere with, disrupt access to, interrupt or impair the functionality of the material available on the site;
to be entirely responsible for and keep secret any password used by you. You should change your password if you believe it is no longer secret;
not to post, distribute or otherwise upload any illegal, defamatory, offensive, infringing, obscene, threatening, abusive, indecent or otherwise unlawful or objectionable material or information or send any chain letters, mass mailings, junk mail, 'spamming' material or any other form of bulk communication or commercial solicitation;
not to threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others, including individuals' privacy rights; not to impersonate any person or entity or mislead as to the origin of any content; not to make any unauthorised, false or fraudulent orders, bookings or request for services;
not to obtain or attempt to obtain unauthorised access to the site or any private or member account areas on the site;
not to send any material which consists of or contains software viruses;
not do, cause or permit anything to be done that may infringe, damage or interfere with any intellectual property rights of Pochin. Also, not to do anything that is otherwise unlawful or which may cause any liability for us or any other Pochin subsidiary company or affiliate.
If you send us or post any material or other information to www.pochins.plc.uk or any other Pochin's site, you agree that Pochin's will not treat this information as confidential and we will be free to keep and republish this information and reuse it as we see fit. You agree to give up your rights to be identified as the author of this information and to object to any use of this information by us. You understand that you, and not Pochin's PLC, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

Breach of these terms and conditions
If we consider that you have breached any of these terms and conditions, or have otherwise demonstrated inappropriate conduct when using the Pochin's PLC site, we reserve the right to:

warn you via e-mail that you have breached these terms, and ask you to stop such conduct;
delete any material or content which you may have posted without notice to you;
discontinue your membership to www.pochins.plc.uk and/or any other related subscriptions to additional services offered through the Pochin's PLC site; and
take measures (including terminating, suspending or restricting your access) to prevent you from using the Pochin's PLC site.

If your conduct on or use of the Pochin's PLC site causes us or any other Pochin's subsidiary company or affiliate loss, damage or other costs, you shall be responsible for reimbursing those costs.

Electronic communications
When you visit www.pochins.plc.uk or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Content on website
The content on our website does not form part of any contract.

We reserve the right to make any changes in any of the content on our website.

Any [minor/other] error or omission on our website or in any document or information issued by us [or displayed on our website] shall be subject to correction without any liability on our part.

This website is for information only. We have used reasonable care and skill in compiling its contents but make no warranty (express or implied) as to the nature or accuracy of any material on this website. We shall not be responsible for any reliance placed on any information displayed on our website.

Limitation of Liability
Your attention is drawn specifically to this paragraph.

If anything which we do, or fail to do due to our negligence, causes death or personal injury, then our liability shall be unlimited. Nothing in these terms and conditions affects your legal rights as a consumer.

We take reasonable steps to ensure a fast and reliable service but we cannot be held responsible for:-

the security of the Pochin's PLC site;
any damage, loss of, or corruption of any data, information or material or viruses that may infect your computer equipment or other property;
breach of security by hackers as a result of your use of the Pochin's PLC site.

This website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. We make no warranty that our services via this website will be available at any particular time or that your access to our website will be uninterrupted, timely or error free, and we will not be responsible if we are unable to provide the Website or its services for any reason.

If you are accessing our website and services in the course of a business, all implied warranties and conditions are excluded to the maximum extent permitted by law.

We shall not be liable for any losses you suffer as a result of unauthorised access to your account.

We shall not be responsible for any claim, loss of profit, revenue, contracts, loss or corruption of data or information, loss of production, loss or depletion of goodwill or any indirect, costs or expenses whatsoever arising out of or in any way connected to your use of our website, your use of or failure to use our website or our failure to deliver services contained on our website. This includes any information, products or services obtained through, or any contract entered into through, www.pochins.plc.uk.

From time to time, we may need to update the content on www.pochins.plc.uk and/or maintain the software and other equipment that runs the site. During these times you may not be able to access the site or you will experience slower access.

Indemnity
If you are accessing our website in the course of a business, you agree to indemnify us and to keep us indemnified from all or any liability or damages we incur in contract, tort or otherwise towards a third party as a result of your use of this website or any of the services accessible through your user account.

Our Customer Services Policy
This website and the services available on it are provided by Pochin's PLC. We are committed to meeting the highest quality standards in the delivery of the service we provide to our customers. We aim to provide efficient and effective service and take any problems that do arise very seriously indeed. We aim to ensure that any complaints our customers may have are identified quickly and dealt with in accordance with our complaints handling procedure. In the event that you have any cause for complaint with regard to any of our services, please click here.

We will investigate your complaint in accordance with an internal written procedure which involves:-

acknowledging any complaint and responding in full within 14 days or, if that is not possible, letting you know within that time when we will be able to respond fully;
carrying out a full review of your matter;
responding to you with our views on your complaint and how we propose to resolve it.

If you remain unsatisfied after our IT Department has reviewed your complaint, you may elevate your complaint to John Edwards, Group Finance Director. A copy of our written complaints procedure will be provided to you upon request.

General
We reserve the right to make changes to our website, policies, and to make amendments and/or modifications to these Terms of Use at any time which will take effect immediately. You will be subject to the terms of use in force at the time that you use the website or that you order goods from us, unless any change to these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If you do not agree, at any time, to be legally bound by all the terms and conditions, please do not access and/or use www.pochins.plc.uk.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

You are not permitted to assign your rights under these terms of use. All rights under the Contracts (Rights of Third Parties) Act 1999.

If any provision contained in these terms of use is determined to be invalid or unenforceable, the remainder of the terms of use shall not be affected.

Our website is operated and controlled from the United Kingdom and these terms of use, and your use of this website, are governed by and construed in accordance with the laws of England and Wales. Unless you are using our website and services as a consumer, by agreeing to these terms of use, you consent to all disputes arising out of or relating to your use of this website being governed by and construed in accordance with the laws of England and Wales and decided only by the courts of England and Wales. If you are accessing this website from another jurisdiction, it is your responsibility to ensure compliance with the laws that apply to that jurisdiction.

These terms of use constitute the entire agreement between us with respect to our website and the services we provide through it, and supersede all prior communications and agreements between us, whether electronic, oral or written, regarding the subject matter contained in our website. A printed version of these terms of use, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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