TERMS AND CONDITIONS OF USE & SALE
Terms and conditions for InstaPac.
Nekem Limited T/A InstaPac (“InstaPac”) and its affiliates provide access to the InstaPac website (the “website”) and sell our products to you subject to the conditions set out below.
Please read these terms and conditions carefully before using the website. By using the website, you signify your agreement to be bound by these conditions.
1. YOUR ACCOUNT
If you use the website, you are responsible for maintaining the confidentiality of your account and password, if you have one, and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password, if any, 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.
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.
InstaPac reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
3. ACCESS TO INSTAPAC WEBSITE
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, 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.
4. LICENCE FOR WEBSITE ACCESS
InstaPac 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 the express written consent of InstaPac. 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 InstaPac’s 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 InstaPac and its affiliates without the express written consent of InstaPac. You may not use any meta tags or any other ‘hidden text’ utilising InstaPac’s or its affiliates’ names or trademarks without the express written consent of InstaPac. Any unauthorised use terminates the permission or license granted by InstaPac.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any page within the website as long as the link does not portray InstaPac, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any InstaPac logo or other proprietary graphic or trademark as part of the link without InstaPac’s express written consent.
Any unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
5. 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 use the website for any of the following:
• fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any ‘spam’; to cause annoyance, inconvenience or needless anxiety.
6. COPYRIGHT AND DATABASE RIGHTS
This site is produced, owned and operated by InstaPac. All content included on the website, such as text, graphics, logos, button icons, images and software, is the property of InstaPac, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of InstaPac and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of InstaPac, its affiliates or its software suppliers and is protected by United Kingdom and international copyright laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without InstaPac’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this website, without InstaPac’s express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without InstaPac’s express written consent.
7. COPYRIGHT CLAIMS
InstaPac and its affiliates respect the intellectual property of others. If you believe that your work has been copied on this website in a way that constitutes copyright infringement, please contact us.
InstaPac and other marks indicated on our website are trademarks or registered trademarks of InstaPac Limited in the European Union, the United States and/or other jurisdictions. InstaPac’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of InstaPac. InstaPac’s trademarks and trade dress may not be used in connection with any product or service that is not InstaPac’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits InstaPac. All other trademarks not owned by InstaPac 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 InstaPac.
9. OUR CONTRACT
When you place an order to purchase a product from InstaPac, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we dispatch that product to you and is confirmed by an email we send to you confirming that we have dispatched the product (the ‘Dispatch Confirmation Email’). That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email do not form part of that contract. You are seeking to enter into a contract with InstaPac when you place an order.
10. LIABILITY AND WARRANTY
InstaPac, its affiliates or its content suppliers do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirement.
Please review our Returns Policy, which applies to products purchased from us.
12. PRICING AND AVAILABILITY
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
Despite our best efforts, a small number of the many products in our online catalogue may be mispriced. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
InstaPac does not sell products for purchase by children. If you are under 18, you may use the website only with the involvement of a parent or guardian.
14. ELECTRONIC COMMUNICATIONS
When you visit the website or send emails to us, you are communicating with us electronically. We communicate with you by email 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.
15. ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
We reserve the right to make changes to our website, policies, and these Terms and Conditions of Use & Sale at any time. You will be subject to the policies and Terms and Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition(s).
16. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
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.
18. GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these terms and conditions.
19. OUR DETAILS
Nekem Limited T/A InstaPac
Phone +44 (0) 1282 504500
Email address: firstname.lastname@example.org
Registered in England & Wales: No: 06411536
VAT Number: 928324221
Dated: 1st September 2020