1. Place of performance and applicable law
Vantage Sport Nutrition Ltd is a company registered in England. Unless otherwise specified the materials on this are directed solely at those who access this site from the United Kingdom mainland. Vantage Sport Nutrition Ltd makes no representation that any product referred to in the materials on this site is appropriate for use, or available in other locations. Those who choose to access this site from other locations are responsible for compliance with the local laws if and to the extent local laws are applicable. English law shall govern this agreement. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this agreement. If any provision of this agreement shall be unlawful, void or for any reason unenforceable then that provision shall e deemed severable and shall not affect the validity and enforce ability of the remaining provisions.
2.1 - Vantage Sport Nutrition Ltd taken reasonable care in the preparation of the content of this site. However to the extent permitted by applicable law, Vantage Sport Nutrition Ltd disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
2.2 - Vantage Sport Nutrition Ltd shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this site.
2.3 - Certain links in this site (typically a banner advert or icon) may lead to a website which is not under the control of Vantage Sport Nutrition Ltd. When you activate any of these you will leave the Vantage Sport Nutrition Ltd website and Vantage Sport Nutrition Ltd has no control over and will accept no responsibility or liability for the material on any site which is not under the control of Vantage Sport Nutrition Ltd.
3. Limitation of Liability
3.1 - You agree that Vantage Sport Nutrition Ltd shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
3.1.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this agreement:
3.1.2 - direct loss or damage( including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the internet not under Vantage Sport Nutrition Ltd's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information or any other pecuniary loss (even where Vantage Sport Nutrition Ltd has been advised of the possibility of such loss or damage).
3.2 - You also agree that (except in relation to such liability as has been expressly excluded in clause 3.1 above) the maximum aggregate of liability of Vantage Sport Nutrition Ltd in contract, tort, negligence, statutory duty or otherwise (even where Vantage has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
3.2.2 - any defect in a product
3.2.2 - any failure by Vantage Sport Nutrition Ltd to process signals, data, information, orders or messages correctly or in a timely manner
3.2.3 - any misrouting or non-delivery of signals, data information, message or order from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
3.2.4 - any liability not excluded by this agreement shall, in respect of any one or more events or series of events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within clause 3.2.1, to the price of the relevant goods and otherwise. This limit shall also apply in the event that any exclusion or other provision contained in this agreement is held to be invalid for any reason and Vantage becomes liable for loss or damage that could otherwise have been limited.
3.3 - You agree and acknowledge that you are in a better position than Vantage Sport Nutrition Ltd to foresee and evaluate and potential damage or loss that you may suffer in connection with the goods and services provided by Vantage Sport Nutrition Ltd and therefore that Vantage Sport Nutrition Ltd cannot adequately insure in respect of such liability. You warrant to Vantage Sport Nutrition Ltd that you will ensure against, or bear yourself, any loss for which Vantage Sport Nutrition Ltd has excluded liability.
3.4 - Some jurisdictions do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 5 may not apply to you.
3.5 In particular, nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Vantage Sport Nutrition Ltd.
Save to the extent that it falls within the provisions of clause 5, you shall indemnify Vantage Sport Nutrition Ltd and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the Vantage Sport Nutrition Ltd site or purchase of goods and/or services from that site which are brought or threatened against Vantage Sport Nutrition Ltd or suffered or incurred by Vantage Sport Nutrition Ltd by another person or entity.
Delivery times quoted are estimates only and Vantage Sport Nutrition Ltd shall not be liable for any delays caused except to the extent caused willfully or negligently by Vantage Sport Nutrition Ltd
All designs, text, graphics and their selection and arrangement on this site are the copyright of Vantage Sport Nutrition Ltd or its content providers. As a visitor to the Vantage Sport Nutrition Ltd site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Vantage Sport Nutrition Ltd's prior written consent is strictly prohibited.
7.1 Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licencors.
7.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
7.2.1 disassemble, reverse engineer, decompile or in any other way interfere with the Software;
7.2.2 copy or modify the Software; or
7.2.3 create any new Software partly or wholly based on the Software.
7.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
7.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
8. Typographical and Pricing Errors
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge. Vantage Sport Nutrition Ltd also reserve the right to withdraw offers and stock for reasons of administration or system error and again card charges will be reversed accordingly
9. Matters beyond our reasonable control
Vantage Sport Nutrition Ltd shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/02/2012.
Information we collect:
contact information including email address.
demographic information such as postcode, preferences and interests.
other information relevant to customer surveys and/or offers.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.13. Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
15. Controlling your person information
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable.
If you believe that any information we are holding on you is incorrect or incomplete, please write to us. We will promptly correct any information found to be incorrect.