Terms & Conditions
IMPORTANT INFORMATION
TERMS AND CONDITIONS
This website is owned and operated by Pochins 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 pochin.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 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
pochin.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.plc.uk reserves the right to refuse access to the website,
terminate accounts, remove or edit content, or cancel orders at our
discretion.
You will be asked to check a box indicating that you have read
these terms and conditions and wish to proceed.
Interactive services
If you choose to access any interactive services provided by
pochin.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
pochin.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 pochin.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.
Copyright Notice
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,
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.plc.uk,
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 dress 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.
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.pochin.plc.uk/index.php. 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.plc.uk 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.plc.uk. 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 pochin.plc.uk and its
affiliates without express written consent. You may not use any
meta tags or any other "hidden text" utilising
pochin.plc.uk's or its affiliates' names or trademarks
without the express written consent of pochin.plc.uk. Any
unauthorised use terminates the permission or license granted by
pochin.plc.uk.
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 pochin.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.plc.uk 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.plc.uk, including the execution of deeds and documents, at
the request of pochin.plc.uk.
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.plc.uk and its affiliates for all
claims brought by a third party against pochin.plc.uk 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.
When using pochin.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
pochin.plc.uk or the other Pochin site you agree that Pochin 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.plc.uk, 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.plc.uk 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 pochin.plc.uk and/or any
other related subscriptions to additional services offered through
the pochin.plc.uk site; and
• take measures (including terminating, suspending or
restricting your access) to prevent you from using the
pochin.plc.uk site.
If your conduct on or use of pochin.plc.uk site causes us or any
other Pochin subsidiary company or affiliate loss, damage or other
costs, you shall be responsible for reimbursing those costs.
Electronic communications
When you visit pochin.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.
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.plc.uk site;
• for 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.plc.uk 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,
incidental or consequential loss, 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, pochin.plc.uk.
From time to time we may need to update the content on
pochin.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. 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 Customer Service Department has
reviewed your complaint, you may elevate your complaint to Lesley
Callaghan, Marketing and Communications 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 and
Conditions at any time which will take effect immediately. You will
be subject to the terms and conditions 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 pochin.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 and
conditions. All rights under the Contracts (Rights of Third
Parties) Act 1999.
If any provision contained in these terms and conditions is
determined to be invalid or unenforceable the remainder of the
terms and conditions shall not be affected.
The [services] have been prepared in compliance with the laws of
England and Wales and are not suitable for use in other parts of
the United Kingdom or overseas. You should seek appropriate legal
advice if you are unsure as to which country's law or
jurisdiction applies to your circumstances.
None of the [services] may be used for any purpose in connection
with people or property in any countries other than England and
Wales.
Our Website is operated and controlled from the United Kingdom and
these terms and conditions 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 and conditions 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 and conditions 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
and conditions 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.