HOLLANDS PIES LIMITED

WEBSITE TERMS AND CONDITIONS OF USE

Access to the Website is subject to the following terms and conditions (the “Terms”). These Terms were most recently updated on 18 April 2023.

Please ensure you read these Terms carefully. They explain our responsibilities to you and your responsibilities to us. They include provisions that deal with our and your liability which are specifically set out in Clause 7 of these Terms.

On accessing or using our Website on this and on each subsequent occasion you will be deemed to have read and accepted all of the Terms that apply to its use. Please review these Terms to ensure you understand them.

We reserve the right to alter these Terms at any time without prior notification to you and it is your obligation to check if changes have been made. Your use of the Website after changes are made to these Terms shall constitute acceptance of any new and/or updated terms and conditions and/or obligations.

These Terms also refer to our Privacy Policy which governs how we may use your personal information and our Cookies Policy which explains information we collect from you that helps enhance your experience of our Website. It is important that you read these Terms together with our Privacy Policy and Cookies Policy.

1. Definitions

“Spam E-mail” means any unsolicited or unauthorised e-mail including but not limited to advertising; or promotional material; and/or any other form of similar solicitation.

“we/us/our” means Hollands Pies Limited (company number 13634109), of 2nd Floor Colmore Court, 9 Colmore Row, Birmingham, Colmore Row, Birmingham, England, B3 2BJ .

“Website” means the website of Hollands Pies Limited that you are using or viewing.

“you”/ “your” means the user of the Website.

2. Access to Website

a. Access to our Website is permitted on a temporary basis. We reserve the right at any time to suspend or discontinue the Website including, without limitation, for maintenance purposes, without incurring any liability or obligation to you. We accept no responsibility if you are unable to access our Website (whether due to equipment failure, unavailability of communications facilities, mis-configuration or any other reason whatsoever).

b. From time to time, we may restrict access to some parts of our Website or our entire Website. We make no guarantees that the Website will be uninterrupted, secure or error free.

c. We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an “as is” and “as available” basis.

3. Content

a. The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date. We accept not liability for any failure to do so.

b. The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

c. We give no warranties, conditions, guarantees or representations, express or implied, as to:- (a) the completeness or accuracy of any information contained on the Website or any website to which it is linked; or (b) the content of any advertisements included on our Website; or (c) the quality or condition of the information of the Website.

d. You agree to use this Website at your own risk.

4. Secure Areas of our Website

a. You are not required to register your details including but not limited to setting up a username and/or password with us in order to browse the vast majority of our Website. If you visit an area or page which requires a login you will be given information on how to register and access content, unless this is restricted content.

b. Before registering your details please ensure you have read these Terms; our Privacy Policy; and our Cookies Policy. Any registration details should be per user and not shared with multiple users or parties.

c. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

d. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

e. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us by e-mail to customerservices@hollandspies.co.uk

5. Copyright and trade marks

a. All rights, including copyright, in the content of our Website is owned by us. Nothing in these Terms in any way confers on you any licence or right to any designs or logos or business names used by us on our Website.

b. Except as expressly permitted by these Terms, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract, scrape or re-utilise any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.

c. You may copy, reproduce, download, record or use the information on this Website for your own personal, non-commercial use.

6. Acceptable use

You may use our Website only for lawful purposes. You may not use our Website:

a. in any way that breaches any applicable local, national or international law or regulation.

b. for fraudulent purposes or in connection with a criminal offence or other unlawful activity.

c. to post any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

d. to distribute Spam E-mail.

e. to knowingly transmit any data that is encrypted, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware including but not limited to the operation of the Website.

You also agree:

f. not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of these Terms.

g. not to access without authority, interfere with, damage or disrupt:

(i) any part of our Website;

(ii) any equipment or network on which our Website is stored;

(iii) any software used in the provision of our Website; or

(iv) any equipment or network or software owned or used by any third party.

7. Liability

a. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. We make no representations, warranties, guarantees or promises that any third party independent data or data provided by us will be accurate.

b. To the extent permitted by law, we hereby expressly exclude:

(i) Any liability for a direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including without limitation any liability for:

• loss of income or revenue;

• loss of business;

• loss of profits or contracts;

• loss of anticipated savings;

• loss of data;

• loss of business opportunity, goodwill, reputation;

• wasted management or office time; and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

c. We are not liable in any way for failure, interruption, delay or any other matters of a similar nature whatsoever to the Website arising out of circumstances beyond our reasonable control including, but not limited to, fire, explosion, earthquake, flood, storm, riot, civil disturbance, strikes, lockouts and industrial disputes, war, nuclear accident, terrorist activity, failure of equipment or transmission (or other supply) difficulties (except where such failure or transmission (or other supply) difficulties are caused by our negligence or wilful default), the act or order of any government department, council or other constituted body and acts of God.

d. The exclusion of liability does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

e. You agree to indemnify us for any loss or damage suffered by us arising out of your use of the Website and/or your breach of these Terms of use.

f. We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs or free from hacking or other security breaches. It is your responsibility to ensure that you use appropriate virus checking software.

g. We are not liable for any failure to perform any of our obligations under these Terms caused by matters beyond our reasonable control.

8. Links to non Holland’s Pies websites

a. The Website may from time to time contain hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained

9. Hyperlinks

a. You may not create any hyperlink or other similar form of connection to this website without our express written permission.

10. Privacy and Data Protection

a. We will only use your personal information as set out in our Privacy Policy, please ensure you read this carefully.

11. General

a. We reserve the right to assign or subcontract any or all of our rights and obligations under these Terms to a third party.

b. These Terms together with our Privacy Policy and Cookies Policy contain the entire agreement and understanding between the parties relating to the Website, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of the Website, whether they are statutory or otherwise, as far as is possible by law.

c. If you have a dispute with another user of the Website, you agree to release us from all claims, losses and/or damages of any kind arising out of any such dispute.

d. If any of these Terms shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

e. These Terms are personal to you. You agree not to transfer your rights or obligations under these Terms to anyone else.

f. No partnership, joint venture, employee-employer or franchisor-franchisee relationship arises between us and you by reason of these Terms.

g. Notwithstanding any other provision in these Terms, no person other than you or us (including any member of Holland’s Pies) has any right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms. Nothing in these Terms shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.

h. These Terms shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

i. If you have any concerns about material that appears on our Website please write to Legal at Hollands Pies Limited, 2nd Floor Colmore Court, 9 Colmore Row, Birmingham, Colmore Row, Birmingham, England, B3 2BJ..