SMS Diesel Spares Ltd - TERMS & CONDITIONS OF ACCESS TO SMS Diesel Enterprise Portal

SMS DIESEL SPARES LTD is pleased to invite our valued customers to access the SMS Diesel Spares Ltd Enterprise Portal (referred to as SMS EP throughout this document). SMS EP is available via the Authorised Customer login facility at www.smsdiesel.co.uk .

The access to the SMS EP is only provided as per conditions given below as amended from time to time and upon receiving from you the name and other contact information required by us. We also reserve our right to terminate your access to the SMS EP at any time without notice.

CONDITIONS OF ACCESS

You agree that:

• You are responsible for ensuring that your user names and passwords issued by us, and all SMS Diesel Spares Ltd Information you receive, remains confidential, and you must not disclose any of that information to any other.
• You acknowledge that this Information gives us substantial advantages as against our competitors, and accordingly we will suffer losses and damage where you allow any other person to access or receive any of the Information except as allowed under the above provisions.
• You must not use the Information except to determine whether or not you will purchase goods or services from us .
• You are fully responsible for all activities that occur under your passwords or accounts and must immediately notify us in writing of any unauthorised use of those passwords or accounts or any other breach of security that you suspect or of which you become or ought to have become aware.

INFORMATION AT AND THROUGH THE SMS EP

In general, SMS EP presents information about the goods that we can supply to our customers, by specification only. It is up to users to identify the relevant purpose for which they wish to use the goods that can be identified through SMS EP.

We make no representations as to the accuracy of the information presented at or via the SMS EP.
Whilst you can submit an order to us using SMS EP, we review orders placed through SMS EP before contacting you to advise our acceptance or otherwise. Our receipt of an order through SMS EP does not constitute acceptance of the order and all details and prices of goods and services must be confirmed by us to you before we accept any order from you.

You agree that you must evaluate, and bear all risks associated with the use of all information at or accessible from the SMS EP, including any reliance on the accuracy, completeness, or usefulness of it. By using the SMS EP you agree that SMS Diesel Spares Ltd and any of its subsidiary or related or affiliated companies and their employees and agents are not responsible for:

• the accuracy or otherwise of the information displayed or omitted from the SMS EP;
• any person's reliance on information available or omitted from the SMS EP;
• Any loss in connection with the use of the SMS EP.

DEALINGS WITH US

We only agree to supply goods or services subject to the SMS Diesel Spares Ltd Standard Trading Conditions.You acknowledge and agree that any contract formed through your exposure to information presented at or via SMS EP is subject to the detailed provisions of the SMS Diesel Spares Ltd Standard Trading Conditions current at the time the contract was formed. All our quotations are also subject to the SMS Diesel Spares Ltd Standard Trading Conditions.

The current SMS Diesel Spares Ltd Standard Trading Conditions are available by contacting your local SMS Diesel Spares Ltd outlet.

You agree not to access the SMS EP by any means other than through the home page interface that is provided by us for use in accessing the SMS EP at www.smsdiesel.co.uk. You must not link any online site to any information in the SMS EP without our prior written permission.

DISCLAIMER OF WARRANTIES, EXCLUSIONS AND LIMITATIONS

You expressly understand and agree that:

• your use of the SMS EP is at your sole risk;
• SMS EP is provided on an "as is" and "as available" basis; and we expressly disclaim all warranties of any kind in relation to use of the SMS EP and information accessible from the SMS EP, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement;
• we make no warranty or representation that:
• the SMS EP will meet your requirements;
• the SMS EP will be uninterrupted, timely, secure, or error-free;
• results that may be obtained from the use of the SMS EP will be accurate or reliable;
• the quality of any information obtained by you through the SMS EP will meet your expectations;and
• any errors in the Software will be corrected; and

· any material downloaded or otherwise obtained through the use of the SMS EP is done at your own discretion and risk, and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from us or through or from the SMS EP shall create any warranty and to the extent legally possible, all terms, conditions and warranties are excluded.

You understand and agree that subject to the above conditions SMS Diesel Spares Ltd and its related corporations and the officers, employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if we have been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:

• the use of, or the inability to use the SMS EP;
• unauthorised access to or alteration of your transmissions or data; or
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the SMS EP;the use of, or the inability to use the SMS EP;
• any other matter relating to the SMS EP.

TRADE MARK INFORMATION

You agree not to display or use or link to the Trade Marks in any manner without prior written permission from SMS Diesel Spares Ltd or the relevant third party owner.

Acknowledgement

I have read the SMS Diesel Spares Ltd Authorised Customer Access Terms & Conditions and understand and accept the conditions therein.