Terms & Conditions

Introduction

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We are Tried and Supplied Ltd, a private limited company registered in England and Wales under company number 10160106 with our registered office at 24b Smith Terrace, London, SW3 4DL, United Kingdom (“T&S”, “we”, “our” and “us”). We own and operate an online platform for suppliers and buyers of hospitality supplies (B2B) (“Platform”), accessible via the URL www.triedandsupplied.com (“Website”). The users of our Platform, both the businesses of buyers and suppliers, are referred to as “Users”, “you”, “your” and “yours”. If we use “party” or “parties” we refer to both us and you.

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Via our Platform, we offer various services to help you find and choose suppliers and purchase/sell goods online (“Services”). Our Services are still developing over time. If we add a new feature or tool to our Platform, it will also fall under the scope of our Services. If you use such new features or tools, such use is therefore also subject to these Terms of Service.

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Acceptance and authority

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By using our Platform and Services as a Supplier, you agree to be bound by these Terms of Service (“Terms”). These Terms form a legally binding agreement between you and us. Any other terms and conditions, including your own, are expressly not applicable.

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When you wish to use our Platform and Services as a Buyer, you will be prompted to accept a contract we provide you with (“Contract”). These Terms are part of and incorporated into the Contract by reference. By accepting the Contract, you therefore also accept these Terms.

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You warrant that you have the legal authority to accept these Terms. You agree to co-operate with us should we wish to verify the identity of the person representing you and his or her authorization to agree to these Terms.

 

Legal status

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It is important to understand that we are merely acting as an intermediary between buyers and suppliers. We only provide for a digital infrastructure in order to enable them to find each other easily and interact with each other conveniently. We do not conclude any transactions on behalf of either buyers or suppliers, nor are we a party to such transactions. Any transaction entered into between buyers and suppliers is their responsibility and liability. We are neither party’s agent.

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We are not a food business nor a retailer, we play no role whatsoever in any stage of the production, sale, preparation or distribution of food. It is the supplier’s sole responsibility to comply with food laws. We do not provide advice on food law compliance, so please seek proper professional advice in order to understand the legal requirements surrounding the provision of food.

 

Changes to these Terms

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From time to time we may amend these Terms. We will notify Users with an account of any material changes to our Terms at least 30 days prior to such changes coming into effect via e-mail. If you do not agree to our changed Terms, you should stop using our Services within that 30-day period. Your continued use of our Services after this 30-day period expresses your acceptance of our amended Terms.

The most recent version of our Terms is available here.

 

Languages

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These Terms may be made available in other languages than English. To the extent of any inconsistencies or conflicts between the foreign language version and the English version, the English version always prevails.

 

Account

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Users can browse our Platform without the need to sign up for an account. However, Users without an account have very limited options. They can view supplier profiles, but cannot make any transactions. Price information will only be visible to Users with an account. In order to enjoy the full benefit of our Services, Users will have to sign up for an account.

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We do not approve accounts on creation, but it is at our sole discretion to refuse or remove an account at any time.

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We require all Users with an account to be fully compliant with all relevant laws and regulations applicable to them, including the Modern Slavery Act. It is the User’s own responsibility and liability to ensure compliance with all applicable laws, but should we become aware of any violations we may cancel your account and ban you from our Platform.

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If you choose, or you are provided with, a user identification code, 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 anyone else. We have the right to disable any user identification code 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. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

 

Transactions

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Buyers and suppliers with an account can deal directly with each other through our Platform. We are not a party to any transaction between buyers and suppliers. The specific terms and conditions applicable to a transaction will be negotiated and agreed between buyers and suppliers. We do not have any form of control over such terms and conditions. Once a deal has been agreed, the agreement governing that deal will be uploaded onto the Platform.

 

Communication

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Our Platform enables Users to chat with us and, those with an account, with each other. Please be kind, fair and reasonable in your communications.

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It is a violation of these Terms to abuse or threaten any other User or a member of our staff in any way. Such behaviour will not be tolerated and will lead to cancellation of your account and you will be banned from our Platform.

 

Cancellation

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You can cancel your account at any time by contacting us via email (see clause 28: Contact).

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We may also cancel your account for various reasons, some of which are set out in these Terms.

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Upon cancellation of your account:

• we will cease to provide our Services to you and you will no longer be able to access your account from the end of the monthly payment period already started;

• your account will not be available and/or accessible by other Users or the public at large anymore;

• any rights granted to you under these Terms in order to perform our obligations to you will be revoked;

• any outstanding Fees will become due and payable in full immediately.

 

Fees and payment conditions

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The use of our Services by Suppliers is free of charge. In consideration of the use of our Services, we charge Buyers a fee. This fee is calculated to suit the size and structure of each business either as a percentage of the total monthly value of orders purchased through the Platform or as a fixed monthly fee per site. The fee(s) applicable to you will be set out in the Contract. In order to calculate the fee we invoice you, we may monitor your orders and their value.

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We will send you an invoice for the use of our Services on a monthly basis within 14 days of the end of the month the invoice relates to. Invoices will be sent to the email address you have indicated OR through the Platform and can be accessed via your dashboard. Unless otherwise stated in the Contract, invoices are payable within 30 days from the invoice date.

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If you fail to make payment by the due date, then, without limiting our other rights and remedies under these Terms and law, interest will be added on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest will accrue each date at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when the base rate is below 0%.

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The fee you pay us is solely for the use of our Services. When you, as a Buyer, order products from a Supplier on our Platform, the Supplier will invoice you directly for their supplies.

 

Feedback

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We invite you to provide us with feedback and suggestions, since we are constantly working to improve our Platform. Any such feedback, improvements and suggestions are non-proprietary and non-confidential. You cannot claim any rights in relation to them and we are free to use any such feedback, improvements and suggestions as we wish without any charge or prior permission.

 

Technical support

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We only provide technical support to Users with an account. Technical support is available via e-mail and live chat and while we will do our best to reply as soon as possible, our response times are dependent on the availability of our staff members.

 

Prohibited use

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When using our Platform, please respect the following.

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You agree not to misuse our Website, Platform and the Services provided by us or help or assist anyone else to do so.

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You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

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You must not test the vulnerability of our Website or Platform or network or breach or otherwise circumvent any security or authentication measures.

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You must not send unsolicited advertisements, communications, promotions or spam.

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You must not send altered, deceptive or false source-identifying information, including phishing.

 

Intellectual Property Rights

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If you choose to use our Services, we grant you a limited, non-exclusive, non-transferable and temporary right to access and use our web-based Platform, subject to these Terms.

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We explicitly retain all right, title and interest in and to our Website and Platform, including, but not limited to, copyright and design rights to our graphic user interface, software, designs, texts and images, any other content and our trademarks.

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When using our Platform, you can upload your own content (“User Materials”). Such User Materials remain your property at all times. We do not assume any rights in your User Materials. By uploading User Materials, you do:

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• allow other Users to view the User Materials, if you have made them publicly available (this includes non-registered Users who can browse our Platform and therefore your public profile, save for price information);

• allow us to store and display your User Materials;

• allow us to review your User Materials for compliance with our rules (see below, under User Materials), even though we are not obliged to do so;

• permit us to use your User Materials for the purpose of promoting our Platform and Services.

 

In addition, Suppliers grant us a non-exclusive, worldwide, royalty-free and revocable license to use their name and logo associated with their profile for the sole purpose of providing them with and promoting our Services.

 

We grant Users with an account a non-exclusive, non-transferable, limited license for as long as their account is active, to use our name and logo on their own website for the sole purpose of providing a link to our Website and refer users to our Website. We reserve the right to revoke this license for any reason at any time.

 

User Materials

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If you upload any User Materials to our Platform, you have to comply with the below conditions and you warrant that all User Materials uploaded to our Platform:

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• are your own original creation and are not copied, or for which you have obtained the relevant third-party rights (which we may check or ask you to provide evidence for);

• are true, accurate and up-to-date;

• are not defamatory, sexually explicit, discriminatory, violent or in any other way socially unacceptable;

• do not infringe any third-party rights, including copyrights, trademarks and designs;

• do not harm our reputation and good name or that of others;

• do not violate any laws or regulations or these Terms;

• do not advocate hatred against any person or group of people based on age, race, religion, ethnicity, sex, gender identity, sexual preference or impairment;

• do not introduce worms, viruses, Trojans or other material that is malicious or technologically harmful;

• do not attack our Website, test the vulnerability of our Website or circumvent any security or authorization measures we have put in place.

 

It is your responsibility and liability to make sure your User Materials comply with the above conditions. If your User Materials are not compliant with the above conditions, we may suspend or take your account offline until your User Materials are compliant. This does not affect any other rights and remedies that may be available to us in such circumstances.

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If you need technical support in uploading your User Materials, you can provide them to us via e-mail and we will upload them for you, but you still take responsibility for providing, checking and approving those User Materials.

 

Food information

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As a Supplier, you are solely responsible to provide accurate information about the products you offer to Buyers through our Platform. We may provide you with a list of questions regarding the products you offer, the ingredients used in those products, information on allergens and other information relevant to diets and allergies. We also offer an option to upload certificates and provide for a system to warn you when such certificates expire so that you can renew them timely.

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You warrant that (a) any information about the products you provide through our Platform is true, accurate, complete and up-to-date and that you will keep such information up-to-date at all times, and (b) that any certificates or other forms of evidence uploaded to the Platform are your own, valid and not falsified. In any event, we shall not be liable for any damages, losses and expenses incurred by other Users and end-customers of Users arising out of or in connection with any information you provide through our Platform.

 

Recommendations

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Buyers can leave Suppliers who they have dealt with recommendations on our Platform. Any recommendations

 

Buyers submit must be true and accurate to the best of their knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.

 

We may monitor any posted recommendations from time to time and we reserve the right to remove or edit recommendations if we have good cause to do so.

 

Suppliers concerned about the validity or fairness of recommendations left on their profiles can contact us at hello@triedandsupplied.com.

 

Confidential Information

 

Confidential Information means any information relating to the customers, plans or otherwise to the business or affairs of the other party which has been identified by the other party as such either orally or in writing or of which the confidential nature must reasonably be understood.

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Neither us nor you will, without the other party’s prior written consent, disclose any Confidential Information.

 

Neither us nor you will use the Confidential Information of the other party except as required to perform our obligations under these Terms. Confidential Information may only be disclosed to a party’s officers, employees, professional advisers and consultants and other agents on a need-to-know basis, and in each case on the condition that such persons are subject to the same obligation of confidentiality as the party has under these Terms.

 

Confidential Information does not include information which is or becomes public other than by breach of this Agreement, is or becomes known to the other party without breach of confidence, is independently developed by the other party without using information supplied by the first party or is required to be disclosed by law or a regulatory authority.

 

When buyers and suppliers are dealing with each other, they will likely have access to or be provided with sensitive business information of each other. Please be aware that such information will also be subject to an obligation of confidentiality and that you should not disclose such information to anyone else.

This clause will remain in force in perpetuity, so even after your account is terminated/cancelled.

 

Data protection

 

We value your privacy and comply with all data protection legislation, both in the UK and the EU. We refer to our Privacy Policy for an overview of which personal data we collect and process, for which purposes, how we deal with those personal data and what your rights are.

 

No warranties

 

Use of our Website and Platform is at your own risk. We provide our Website and Platform on an ‘as is’ basis.

 

We make no representations, warranties or guarantees, whether express or implied, that any content displayed on our Website and Platform is accurate, complete or up-to-date.

We do not assume liability for any errors, omissions and inaccuracies in any information displayed on our Website and Platform.

 

We do not guarantee that our Website and Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programmes to access our Website and Platform. You should use your own virus protection software.

 

Updates to our Platform

 

You acknowledge that from time to time we may apply updates to our Website and Platform and that such updates may result in changes in the appearance and/or functionality of the Platform (including the addition, modification, or removal of functionality, features, tools or content). We shall provide, implement, configure, install, support, and maintain our Platform at our own cost and provide for all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to our Platform.

 

In order to implement such updates, our Platform may be temporarily unavailable. If reasonably possible, we will inform Users with an account of any planned maintenance. Sometimes the Platform may be unavailable without prior notice, for example when emergency maintenance must be performed.

 

Limitation of liability

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In no event shall we be liable for any damages (including, without limitation, damages for loss of data – whether or not resulting from a data breach occurring despite our technological measures to prevent any such breach – loss of profit or due to business interruption) arising out of the use or inability to use our Platform or Services, whether foreseeable or not and even if we or an authorized representative of us has been notified orally or in writing of the possibility of such damage.

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We are not liable for damages of any third party arising out of or in connection with User Materials.

Since we are not a party to any transaction between buyers and suppliers, we do not have any liability in regards to the sales process, the fulfillment of orders or the products delivered.

 

Indemnity

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You agree to indemnify, keep indemnified and hold harmless Tried and Supplied Ltd and its officers, directors and employees, from and against any claims, liabilities, damages (direct, indirect and consequential damages), losses and expenses (including reasonable legal fees), arising out of or in connection with (a) your breach of these Terms; (b) your improper use of our Services; (c) your communication and interaction with other Users; (d) your breach of any warranty given under these Terms and; (d) your breach of any laws, regulations or third-party rights.

 

Severance

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Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent in any jurisdiction, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions, and the application of that provision shall be enforced to the extent permitted by law.

 

Survival

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Any provision of these Terms which, to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of these Terms.

 

Assignment

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You may not assign or otherwise transfer your rights and obligations under these Terms to any other party without our prior written consent. We may transfer our rights and obligations under these Terms to a third party, for example as part of a sale of all or part of our assets. We will try to give you reasonable notice of such transfer and we will ensure that such transfer will not prejudice your rights and obligations under these Terms.

 

Applicable law and jurisdiction

 

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

The parties shall submit to the exclusive jurisdiction of the courts of England and Wales with respect to any dispute or claim arising out of or in connection with these Terms.

 

Contact

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If you have any questions, feedback or recommendations or you would like to contact us otherwise, please send us an e-mail on hello@triedandsupplied.com.