Terms and Conditions of Site Usage

The following describes the terms on which Applegate Marketplace Limited (“We”, “Us” or “Our”) offers you access to Our services.

Introduction

Welcome to Applegate. By using the services available from the domain and sub-domains of www.applegate.co.uk (the "Site") you are agreeing to the following terms (these “Terms”). If you have any questions, please email clientservicesapplegate.co.uk. If you do not accept these terms, please do not use this Site.

These Terms refer to the following additional policies (together, Our “Policies”), which also apply to your use of the Site and which form part of these Terms:

  • Our Privacy Policy, which sets out the terms on which We process any personal data We collect from you, or that you provide to Us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on the Site.

If you register with Us as a member of Applegate and purchase services from Applegate, our Terms and Conditions of Supply will apply to the purchase and provision of those services.

We may change these Terms and/or Our Policies at any time without notice. Changes take effect when We post them on the Site. Please check this page regularly to make sure that you are aware of any changes We have made, as they are binding on you. Your continued use of the Site after any change to these Terms or any of Our Policies has been made is your acceptance of the modification, addition or change.

These Terms are effective from 14th December 2013 for current users, and upon acceptance for new users.

Using Applegate

You may access most areas of the Site without registering your details with Us. Certain areas of the Site are only open to you if you register.

While using the Site, you will not:

  • violate any laws, third party rights, or Our Policies;
  • use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Site;
  • post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to Applegate);
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Applegate, or the interests or property of Applegate users; or
  • hack the Site.
  • You are permitted to download and print extracts from the Site for your own personal use if:
  • You do not modify any documents or related graphics;
  • You do not use related graphics separately from the accompanying text;
  • Applegate’s copyright and trademark notices appear on all copies; and
  • You do not sell, rent, lease, license, sublicense, grant rights in, transfer, distribute, time-share or assign any part of the Site to a third party.

Any rights that are not expressly granted to you by Applegate in these Terms or Our Policies are reserved by Applegate.

Abusing Applegate

Applegate works hard to keep the Site working properly and its users safe. Whilst Applegate does not routinely review content that is posted to the Site, Applegate sometimes uses software to randomly check for content that is in breach of these Terms or Our Policies and/or that is unlawful.

Please report problems, offensive content, and policy violations to Us. You can contact use using email address clientservicesapplegate.co.uk.

Applegate works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify Our Client Services team using email address clientservicesapplegate.co.ukand We will investigate.

Without limiting Our other remedies, We may limit, suspend, or terminate Our service and user accounts, prohibit access to the Site, remove hosted content, and take technical and legal steps to keep users off the Site if We (in Our sole discretion) think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these Terms and/or Our Policies. We also reserve the right to cancel unconfirmed accounts.

Linking

In respect of linking to the Site you must not:

  • create a link to the Site which might damage Applegate’s reputation or brand;
  • create a link to the Site in any way that suggests any form of association, approval or endorsement by Applegate, where none has been given;
  • create a link to the Site from any other site that is not owned by you;
  • frame the site or create a link to any page other than the Site homepage.
  • We reserve the right to withdraw linking permission without notice. Any site that you link to the Site must comply with Applegate’s Acceptable Use Policy. If you wish to make any further use of the Site, please contact Us to discuss this.

The Site contains links to third party sites – these links are provided for your information only. Applegate does not have control over the content of third party sites that are linked from the Site.

Fees and Services

Joining Applegate is free. We do charge fees for using other services, such as listing products and services. When you list a product or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. We may change Our fees from time to time. We may choose to temporarily change the fees for Our services for promotional events or new services, and such changes are effective when We post the temporary promotional event or new service on the Site.

Any purchase of services from Us will be governed by Our Terms and Conditions of Supply. You will be required to read and accept these Terms and Conditions of Supply before placing your order with Us.

Registration

There are terms and conditions relating to the two types of registration:

  • If you are registering as a user with Applegate, which provides you with access to Buyer Tools, please see our Registered User Terms and Conditions
  • If you are registering your company as a supplier on Applegate, which provides you with access to Supplier Tools and also to Buyer Tools, please see our Combined Terms and Conditions

Content License

When you provide content to Us or upload content to the Site, you grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Advertising

All advertising contained on the Site is the responsibility of the advertiser, and Applegate and its affiliates are not responsible for the content of advertising. Applegate and its affiliates shall not be responsible for statements, opinions and advice contained in advertising.

If you think that the content of advertising on the Site is incorrect, offensive, or breaches any of Our Policies, please contact Us.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Site.

Intellectual Property

You acknowledge that all intellectual property rights in the Site are owned by Us or Our licensors. Any use of extracts from the Site which is not in accordance with the “Using Applegate” section of these Terms, will mean that your right to use the Site will terminate automatically and you must destroy the downloaded or printed extracts from the Site.

Third Party Intellectual Property

Intellectual property rights belonging to third parties (as indicated on the Site) remain the property of those third parties. Where any third party intellectual property rights, including trade marks, appear on the Site, We intend this to be for the benefit of the relevant intellectual property owner to help identify the owner’s entry in the Site’s marketplace and We intend no infringement of any third party’s intellectual property rights. If you wish Us to remove information that contains your intellectual property rights from the Site, then please send Us a written request to clientservicesapplegate.co.uk and We will comply with the request as soon as possible.

The inclusion of third party intellectual property on the Site does not imply any endorsement or non-endorsement by Us.

Disclaimer

Whilst We have made every reasonable effort to ensure that the information on the Site is correct and up to date, We do not warrant the accuracy, completeness and validity of the material contained on the Site. We reserve the right to make changes to the content of the Site at any time without notice.

To the fullest extent permitted by law, We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to the Site.

Liability

You will not hold Applegate responsible for other users' actions or inactions, including things they post. You acknowledge that We are not a traditional products and services vendor. Instead, the Site is a venue to allow anyone to offer, promote and advertise their products and services at any time, from anywhere. Except where registered users purchase services directly from Applegate, We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer.

Regardless of (and without prejudice to) the previous paragraph, if We are found to be liable, Our liability to you or to any third party is limited to the greater of (a) the total fees you paid to Us in the 12 months prior to the action giving rise to the liability, and (b) £100.

Nothing in this agreement is intended to exclude or limit Applegate’s liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability which cannot be excluded or limited by law.

Release

If you have a dispute with one or more users, you release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Applegate by Our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without Our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in Our sole discretion) an unreasonable or disproportionately large load on Our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your content) from the Site without the prior written permission of Applegate and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
  • bypass measures We may use to prevent or restrict access to the Site.
  • Whilst We endeavour to ensure that the Site is available 24 hours a day, We do not guarantee that the Site, or any content on it, will always be available or uninterrupted, or that it will be free from errors or omissions. We will not be liable if for any reason the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Site, and you are also responsible for ensuring that all persons who access the Site through your internet connection are aware of this agreement, and that they comply with it.

Applegate does not guarantee that the Site is free from bugs or viruses and you should have your own virus protection software.

Privacy

We only provide company and site user information to Our advertisers and will not sell or rent your company or site user information to any other third parties. We use your information only as described in Our Privacy Policy

Indemnity

You will indemnify and hold Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or Our Policies, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on Applegate's national registered agent or to the email address you provide to Applegate during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

General

Applegate Marketplace Ltd is located at Riverside Road, Pottington Industrial Estate, Barnstaple, Devon, EX31 1LS, United Kingdom, and is registered in England and Wales with company number 03990680. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In Our sole discretion, We may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches. We do not guarantee We will take action against all breaches of this Agreement.

These Terms (including Our Policies) shall be governed and construed in accordance with English Law. Disputes arising in connection with these Terms will be subject to the exclusive jurisdiction of the English courts.

Can we help?