Terms & Conditions
Welcome to the MID FOR COMPUTER TECH (MIDTEKS) website terms and conditions for use. These terms and conditions apply to the use of this website at midteks.com. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
We request that all correspondence relating to products on www.midteks.com is via email.
Introduction
1.1 You will be able to access most areas of this Website without
registering your details with us. Certain areas of this Website are only
open to you if you register.
1.2 We may revise these terms and conditions at any time by updating
this posting. You should check this Website from time to time to review
the then current terms and conditions, because they are binding on you.
Certain provisions of these terms and conditions may be superseded by
expressly designated legal notices or terms located on particular pages
of this Website. If you do not wish to accept any new terms and
conditions after we have given notice, you should not continue to use
this Website.
Ordering from us
2.1 You are deemed to place an order with us by ordering via our online
checkout process. As part of our checkout process you will be given the
opportunity to check your order and to correct any errors. We will send
you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order.
We will send you a despatch confirmation by email. When we despatch the
order the purchase contract will be made even if your payment has been
processed immediately, unless we have notified you that we do not accept
your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions
Pricing
3.1 All prices include VAT (where applicable) at the current rates. We
reserve the right to express the price exclusive of VAT, but we shall
show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage and insurance and
other relevant charges, the appropriate rates are set out in our
specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically.
Cancellation aPolicy
4.1 If you wish to cancel your order:
(a) you can notify us by email to sales@midteks.com before we have dispatched the goods to you;
The provisions of this clause 4.5 do not affect your statutory rights.
License
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including without
limitation photographs and graphical images) are owned by us or our
licensors. For the purposes of these terms and conditions, any use of
extracts from this Website other than in accordance with clause 5.1
above for any purpose is prohibited. If you breach any of the terms in
these terms and conditions, your permission to use this Website
automatically terminates and you must immediately destroy any downloaded
or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or
stored in any other website or included in any public or private
electronic retrieval system or service without our prior written
permission.
5.4 Any rights not expressly granted in these terms are reserved.
Service access
6.1 While we endeavour to ensure that this Website is normally
available 24 hours a day, we will not be liable if for any reason this
Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for
reasons beyond our control.
Visitor Material and Conduct
7.1 Other than personally identifiable information, which is covered
under the Privacy Policy, any material you transmit or post to this
Website will be considered non-confidential and non-proprietary. We will
have no obligations with respect to such material. We and our nominees
will be free to copy, disclose, distribute, incorporate and otherwise
use such material and all data, images, sounds, text and other things
embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in
breach of confidence, in breach of privacy or which may cause annoyance
or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a
criminal offence, give rise to civil liability, or otherwise be contrary
to the law of or infringe the rights of any third party, in the UK or
any other country in the world; or
(d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or
locate anyone posting any material in breach of clauses 7.2 or 7.3.
Links to and from other websites
8.1 Links to third party websites on this Website are provided solely
for your convenience. If you use these links, you leave this Website. We
have not reviewed all of these third party websites and do not control
and are not responsible for these websites or their content or
availability. We therefore do not endorse or make any representations
about them, or any material found there, or any results that may be
obtained from using them. If you decide to access any of the third party
websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on
the basis that you link to, but do not replicate, the home page of this
Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the MIDTEKS Stores logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any MIDTEKS Stores trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property rights
or other rights of any other person or otherwise does not comply with
all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this
clause 8.2 for breach of these terms and to take any action we deem
appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of
our group companies may suffer or incur as a result of your breach of
clause 8.2.
Registration
9.1 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.2 Responsibility for the security of any passwords issued rests with
you and if you know or suspect that someone else knows your password,
you should contact us immediately.
9.3 We may suspend or cancel your registration immediately at our
reasonable discretion or if you breach any of your obligations under
these terms and conditions.
Disclaimer
10.1 While we endeavour to ensure that the information on this Website
is correct, we do not warrant the accuracy and completeness of the
material on this Website. We may make changes to the material on this
Website, or to the products and prices described in it, at any time
without notice. The material on this Website may be out of date, and we
make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any
conditions, warranties or other terms of any kind. Accordingly, to the
maximum extent permitted by law, we provide you with this Website on the
basis that 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 these terms and conditions
might have effect in relation to this Website.
Liability
11.1 We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of our group
companies and the officers, directors, employees, shareholders or
agents of any of them, exclude all liability and responsibility for any
amount or kind of loss or damage that may result to you or a third party
(including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising from or
connected in any way to business interruption, and whether in tort
(including without limitation negligence), contract or otherwise) in
connection with this Website in any way or in connection with the use,
inability to use or the results of use of this Website, any websites
linked to this Website or the material on such websites, including but
not limited to loss or damage due to viruses that may infect your
computer equipment, software, data or other property on account of your
access to, use of, or browsing this Website or your downloading of any
material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our
liability for (i) death or personal injury caused by negligence (as such
term is defined by the Unfair Contract Terms Act 1977); (ii) fraud;
(iii) misrepresentation as to a fundamental matter; or (iv) any
liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our
officers, directors, employees and agents, harmless from and against all
claims, liability, damages, losses, costs (including reasonable legal
fees) arising out of any breach of the terms and conditions by you, or
your use of this Website, or the use by any other person using your
registration details.
Governing Law and Jurisdiction
12.1 These terms and conditions shall be governed by and construed in
accordance with English law. Disputes arising in connection with these
terms and conditions shall be subject to the exclusive jurisdiction of
the English courts.
12.2 We do not warrant that materials/items for sale on the Website are
appropriate or available for use outside the United Kingdom. It is
prohibited to access the Website from territories where its contents are
illegal or unlawful. If you access this Website from locations outside
the United Kingdom, you do so at your own risk and you are responsible
for compliance with local laws.
Miscellaneous
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any
court of competent jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions which
shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce
them under the Contracts (Rights of Third Parties) Act 1999.