Terms & Conditions
General Terms & Conditions
Interpretation
1.1 'Contract' means the contract to supply Goods and/or Services between Us and You which
shall incorporate these Terms.
1.2 'Goods' means any Goods agreed in the Contract to be supplied by Us to You (including any
part of them).
1.3 ‘Services’ means the services agreed to be supplied by Us to You, including deliverables
requested by You and agreed by Us in any specification for the services.
1.4 ‘Terms’ means these terms and conditions as amended by Us from time to time.
1.5 ‘We’ means J.A.K Marketing Limited and ‘Us’ and ‘Our’ will be construed accordingly.
1.6 ‘Website’ means Our website at www.jakmarketing.co.uk
1.7 'You' means the person, firm or company who wishes to purchase Goods and/or Services from
Us and ‘Your’ will be construed accordingly.
1.8 In these Terms, reference to any statute or statutory provision shall be construed as a reference
to such statute or statutory provision as amended, modified, re-enacted or replaced from time
to time.
1.9 The headings do not affect the interpretation of these Terms.
The Contract
2.1 The Contract shall be on these Terms to the exclusion of all other terms and conditions, including
any terms and conditions that are purported to be included or applied by You.
2.2 No terms and conditions contained in the confirmation of order, purchase order or other document
received from You will form part of the Contract.
2.3 We are not obliged to accept Your order.
2.4 Any samples, drawings, descriptive matter or advertising issued by Us and any descriptions of
the Goods or illustrations or descriptions of the Services contained in the Website, catalogues or
brochures are issued or published for the sole purpose of giving an approximate idea of the
Services and/or Goods described in them. They shall not form part of the Contract or have any
contractual force.
2.5 You acknowledge that you have not relied on any statement, promise or representation made
or given by Us which is not set out in the Contract. Nothing in this condition shall exclude or limit
liability for fraudulent misrepresentation.
2.6 These Terms govern the entire trading relationship between Us and You; they override any
contradictory representation or term used on the Website, Our catalogues or brochures or in
correspondence with You and will remain in force for the duration of the Contract.
2.7 All of these Terms shall apply to the supply of both Goods and Services except where
application to one or the other is specified.
2.8 We reserve the right to revise and amend these Terms from time to time and any changes
will be communicated on the Website.
Goods on Offer – Invitation to Treat
3.1 We reserve the right to alter the specification of any Goods and to withdraw any Goods from
sale without notice, unless specified within a concluded Contract with Us.
3.2 All Goods are offered subject to stock availability. If for any reason they are no longer available
We will try to offer an alternative product, but if an alternative is not available or acceptable to
You, We reserve the right to cancel the Contract.
3.3 Unless specifically agreed and approved in writing by Us, neither You nor any of Your customers
shall be entitled to remove, deface or replace any sign, marking or logo upon the Goods when
offering them for resale.
3.4 A quotation for the supply of Goods by Us shall not constitute an offer and no order placed by
the Buyer shall be deemed to be accepted by Us until a written acknowledgement of order is
issued by Us or (if earlier) We deliver the Goods to You.
3.5 We are willing to offer advice in the selection of Goods, but final selection, suitability and correct
usage is Your responsibility.
Special Offers
4.1 From time to time We make special offers which are always subject to availability
4.2 The terms of any special offer may be amended or withdrawn without prior notice and any
amendment or withdrawal shall be effective immediately.
4.3 Special offers may only be made available to certain customers or groups of customers in
Our entire discretion.
4.4 Any free product within a special offer may not be exchanged in whole or in part for cash.
Vouchers
5.1 Vouchers can only be redeemed against Goods purchased from Us via phone, fax, email,
post or online.
5.2 No voucher said to have been used online will be accepted unless the voucher number is
entered in the indicated box at check out.
5.3 No voucher will be accepted for use after the expiry date stated on the voucher.
5.4 Vouchers may only be redeemed against the Goods or promotion stated on it. Vouchers cannot
be redeemed against an infusion pump (11-2612 or 11-2607).
5.5 No voucher may be exchanged in whole or in part for cash.
5.6 A voucher may only be exchanged for Goods of equal or higher price than the face value of
the voucher.
5.7 A voucher may not be used if You are already receiving a pre-agreed discount on the price of
the Goods.
5.8 Use of a voucher by You is subject to Our verifying that the voucher has been issued to You
and that You have complied with all the terms of the voucher. In the event that the code has
not been issued to You or You do not qualify for the promotion, the payment required for the
Goods will be adjusted accordingly notwithstanding any confirmation You may receive.
5.9 Any refund of goods or services paid for using vouchers will be refunded with vouchers.
5.10 Vouchers that have been photocopied, damaged, tampered or lost with will not be accepted.
5.11 A voucher is non-transferable, cannot be resold and has a cash value of 0.001p.
Price
6.1 The price for the Goods shall, unless otherwise agreed, be the price set out on the invoice.
6.2 The price for the Goods shall be exclusive of all costs of carriage and insurance and applicable
VAT which You shall pay in addition.
Delivery
7.1 Unless otherwise agreed in writing, delivery of the Goods shall be at Your premises and You
shall take all reasonable steps to accept delivery of the Goods.
7.2 Any dates specified by Us for delivery of the Goods are intended to be an estimate only. If no
date is specified for delivery of the Goods, delivery shall be within a reasonable time. Any Goods
not available at the time of Your order will be sent to You, as soon as possible, when received
from the manufacturer.
7.3 Any liability for non-delivery of the Goods shall be limited to replacing the Goods within a
reasonable time or after 60 days issuing a credit note against any invoice raised for such Goods.
7.4 Notification of Goods received damaged or incomplete must be made to Us within 24 hours
of delivery.
7.5 Notification of non-delivery must be made within 7 days of receipt of invoice.
7.6 If You give Us an incorrect or incomplete delivery address so that We are not able to make
the delivery, We may treat the order as cancelled by You. In this case, We will refund the price
of the Goods but shall be entitled to keep the amount You paid for delivery.
Cancellation by Us
9 Right of Cancellation under the Consumer Contracts Regulations
9.1 The following cancellation rights apply only if you are a Consumer as defined in the
Consumer Contract Regulations 2013.
9.2 If You are a Consumer and you do not purchase the Goods at Our premises, the Consumer
Contract Regulations 2013 provide You with additional rights as follows:
9.2.1 You have the right to cancel this contract within 14 days without giving any reason.
9.2.2 The cancellation period will expire after 14 days from the day of the conclusion of the
Contract.
9.2.3 To exercise the right to cancel You must inform us of your decision to cancel this contract
by a clear statement; (e.g. a letter sent by post or email) to us as follows:
9.2.3.1 By post to Us to the address below.
9.2.3.2 By telephone to the telephone number below.
9.2.3.3 By email to the email address below.
9.2.4 To meet the cancellation deadline, it is sufficient for you to send Your communication
concerning your exercise of the right to cancellation before the cancellation period has
expired.
Risk in and Ownership of the Goods
10.1 The Goods will be at Your risk from the time of delivery.
10.2 Ownership of the Goods will only pass to You when We receive full payment of all sums due in
respect of the Goods, including delivery charges.
10.3 Until ownership of the Goods has passed to You, You shall:
10.3.1 hold the Goods on a fiduciary basis as Our bailee;
10.3.2 store the Goods separately from all other Goods of You or any third party in such a
way that they remain identifiable as Our property;
10.3.3 not destroy or deface any identifying mark on the Goods or their packaging;
10.3.4 maintain the Goods in satisfactory condition insured with Our interest noted on the
policy and hold any proceeds of such insurance on trust for Us and not mix them with
any other money.
Returns
defective within the meaning of the Sale of Goods Act 1979, We reserve the right to refuse
return of the Goods.
11.2 If We agree to the return of the Goods:
11.2.1 You must request a returns form from Us;
11.2.2 Goods returned for credit must be sent, at Your expense, to Us, accompanied by the
returns form detailing the reason for return;
11.2.3 Goods will only be considered for credit if returned to Us in a saleable condition,
complete with packaging and manuals, within 14 days of the invoice date against which
they were supplied;
11.2.4 Goods supplied with a free item must be returned together with the free item otherwise
the value of the free item will be deducted from any credit given to You.
11.2.5 A 15% restocking charge will be levied on all items returned which have been correctly
supplied by Us unless they were supplied on a free trial basis and provided they are
returned to Us in saleable condition.
11.2.6 Return of non-stock items specially obtained or manufactured by Us will not be accepted
for credit or replacement;
11.2.7 Risk in the Goods being returned remains with You at all times while in transit.
Supply of Services
12.1 We shall provide the Services to You in accordance with the any service specification agreed
by Us in all material respects.
12.2 We shall use all reasonable endeavours to meet any performance dates for the specified
Services but any such dates shall be estimates only and time shall not be of the essence for
the performance of the Services.
12.3 We shall have the right to make any changes to the Services which are necessary to comply
with any applicable law or safety requirement, or which do not materially affect the nature or
quality of the Services, and We shall notify You in any such event.
12.4 We warrant to You that the Services will be provided using reasonable care and skill.
Your Obligations
13.1 You shall:
13.2 ensure that the terms of your order and the specification are complete and accurate;
13.3 co-operate with Us in all matters relating to the Services;
13.4 provide Us with such information and materials as We may reasonably require to supply
the Services, and ensure that such information is accurate in all material respects;
13.5 obtain and maintain all necessary licences, permissions and consents which may be required
for the Services before the date on which the Services are to start;
13.6 If Our performance of any of Our obligations in respect of the Services is prevented or delayed
by any act or omission by You or failure by You to perform any relevant obligation):
13.6.1 We shall without limiting any other rights or remedies have the right to suspend
performance of the Services until You remedy Your default, and shall be relived from
the performance of any of Our obligations to the extent Your default prevents or delays
Our performance of any of Our obligations;
13.6.2 We shall not be liable for any costs or losses sustained or incurred by You arising
directly or indirectly from Your failure or delay to perform any of your obligations as set
out in this; and
13.6.3 You shall reimburse Us on written demand for any costs or losses sustained or incurred
by Us arising directly or indirectly from Your default.
Payment
14.1 Your obligation to pay the price of Goods and Services shall become binding on acceptance
by Us of Your order.
14.2 You shall pay each invoice submitted by Us within 30 days of the date of the invoice; and time
for payment shall be of the essence of the Contract.
14.3 Payment shall not be deemed to have taken place until the receipt by Us of cleared funds.
14.4 All payments due under the Contract shall be made in full without any deduction whether by
way of set-off, counterclaim, discount, abatement or otherwise.
14.5 We reserve the right to claim interest under the Late Payment of Commercial Debts
(Interest) Act 1998.
The Waste Electrical and Electronic Equipment Regulations 2013
15.1 You are responsible for all obligations and liabilities regarding the waste prevention,
management and disposal of any Goods supplied by Us which are electrical and
electronic equipment in compliance with The Waste Electrical and Electronic Equipment
Regulations 2013. When supplied as B2B EEE the producer invokes regulation 12.2 and
passes all WEEE obligations to the B2B end user.
Our Liability
16.1 We warrant to You that any Goods purchased from Us are of satisfactory quality and reasonably
fit for the purposes for which products of such kind are commonly supplied.
16.2 We shall not be responsible to You or any third party whether in contract, tort (including
negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any
loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business,
third party claims, pure economic loss arising out of or in connection of the performance or non
performance of Our obligations under these Terms, including such damage as may be
reasonably foreseeable at the date You order the Goods or Services
16.3 If You are contracting as a business, Our liability for any claim for loss or damage shall be
limited to the price of the Goods You purchased or the value of the Services to be performed.
16.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied
by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent
permitted by law, excluded from the Contract.
16.5 Nothing in these conditions excludes or limits Our liability:
16.5.1 for death or personal injury caused by Our negligence or the negligence of Our
employees, agents or subcontractors; or
16.5.2 for fraud or fraudulent misrepresentation.
16.5.3 for breach of the terms implied by section 2 of the Supply of Goods and Services
Act 1982 (title and quiet possession);
16.5.4 for breach of the terms implied by section 12 of the Sale of Goods Act 1979
(title and quiet possession); or
16.5.5 for defective products under the Consumer Protection Act 1987.
Force Majeure
17.1 If either party is subject to an event or circumstances outside its reasonable control,
(‘Force Majeure Event’) it shall notify the other party and all parties obligations under these
Terms shall be suspended until both parties are notified that the Force Majeure Event has ended.
17.2 A Force Majeure Event includes (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war;
17.2.3 fire, explosion, inclement weather, including storms, flood, earthquake, subsidence,
epidemic or other natural disaster;
17.2.4 inability of the use of railways, shipping, aircraft, motor transport or other means of
public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks;
17.2.6 the Website and other systems affected as a result of computer hacking or virus; and
17.2.7 the acts, decrees, legislation, regulations or restrictions of any government/
Intellectual Property
and all of the material on the Website or in any other of Our promotional material are either
owned by Us or are included with the permission of the owner of the rights. You may download
a single copy of each piece of material for your own private viewing purposes only, provided
you keep intact all proprietary notices.
18.2 Other than as stated in the previous clause, no copying of either the Website and/or any of
the material contained on the Website or in any other of Our promotional material distribution
for any commercial or business use is permitted without Our prior written consent. You may
not include a link to the Website or display the contents of the Website without Our prior
written consent.
18.3 No licence is granted to you in these Terms to use any of Our IPR whether registered or
unregistered.
General
19.1 These Terms do not affect Your statutory rights.
19.2 We reserve the right to refuse to supply Goods and Services if they are unsuitable due to
Your age or for any other reason in Our absolute discretion.
19.3 Digital or other images of Goods are for illustrative purposes only and may differ slightly from
the actual Goods.
19.4 Telephone calls may be recorded for training and security purposes.
19.5 If any part of these Terms is found to be void or unenforceable by any court of competent
jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force
and effect.
19.6 We may assign, charge or transfer any of Our rights or subcontract any of Our obligations under
the Contract to any third party at any time.
19.7 A person who is not a party to the Contract shall have no right to enforce any of the terms of the
Contract under the Contracts (Rights of Third Parties) Act 1999.
19.8 These Terms shall be governed by and interpreted according to English Law and the parties
submit to the exclusive jurisdiction of the English Courts.
19.9 The standard warranty period is 90 days from the delivery date (excluding perishable and consumable items). We supply
items according to the descriptions given on the Company website. In addition, extended manufacturer warranties may
apply to specific items.
Competition Terms & Conditions
Interpretation
1.1 ‘Competition’ means any competition or promotion on one or more of our websites or social media sites.
1.3 ‘Entrant’ means any person who enters the Competition.
1.4 ‘Prize’ means any prize or gift offered or awarded in a Competition.
1.5 ‘Specific Rules’ means the specific rules, entry instructions and any other specific details or Terms
relating to the particular Competition or Prize published on this website or on any other website or in any
other media which features the Competition.
1.6 ‘Terms’ means these Competition Terms and Conditions together with any Specific Rules.
1.7 ‘We’ means J.A.K Marketing Limited of Purfect House, 17 - 23 Dale Road, Sheriff Hutton, York
YO60 6RZ and its subsidiaries. ‘Us’ and ‘our’ will be construed accordingly.
1.8 ‘You’ means an Entrant or winner of (as the case may be) a Competition and ‘your’ must be construed
accordingly.
The Contract
2.0 All Competitions will be subject to these Terms and Specific Rules (if applicable).
2.1 Standard Terms and Conditions apply – click here to view these.
2.2 We reserve the right to end, amend or suspend the Competition and/or revise these Terms or Specific
Rules (if applicable) at any time without prior notice.
2.3 All Entrants must be aged 18 or over. Proof of age may be required.
2.4 Unless otherwise stated in the Specific Rules, you may not enter a Competition if you are directly or
indirectly connected with the Competition.
2.5 Competitions are open to Entrants who work at a UK registered veterinary practices.
2.6 Only one entry per business address (if applicable) is allowed, unless the Specific Rules allow you
to make multiple entries. We reserve the right to disqualify any Entrant making, or attempting to make,
multiple entries.
2.7 All complete entries must be received by the closing date stated on the Competition information page
or Specific Rules (if applicable). Proof of sending is not proof of receipt.
2.8 Late, incomplete or otherwise ineligible entries will be disqualified.
2.9 If Entrants are using a fax which is not paid for by them, please ask for the permission of the bill payer
before entering the Competition.
3.0 Unless otherwise stated, Competition entries will not be returned to you.
3.1 The Prize and Prize structure available to winner(s) will be clearly stated on the Competition information
page or Specific Rules (if applicable).
3.2 There is no cash alternative to the Prize.
3.3 The Prize is non-refundable and non-transferable unless agreed in writing.
3.4 Winner(s) will not be entitled to receive a Prize which, for any reason, they would be prohibited by
law from purchasing, using or owning.
3.5 Unless explicitly specified on the Competition information page or in Specific Rules (if applicable),
Prizes do not include provision of travel, meals, insurance, accommodation, services charges or any
other items or expenses.
3.6 We reserve the right to substitute the Prize for a Prize of equivalent or greater monetary value should
unforeseen circumstances require it.
3.7 Except in the case of death or personal injury arising from its negligence or in respect of fraud and so
far as is permitted by law, J.A.K Marketing Limited, and its associated companies and agents, exclude
responsibility and all liabilities arising from any postponement, cancellation, delay or changes to the
Prize details beyond our control and for any act or default of any third party supplier.
3.8 The Terms and Conditions of any other third party supplier will also apply to the Prize where applicable.
If there is a conflict between third party Terms and Conditions and these Terms or Specific Rules
(if applicable), then these shall take precedence.
3.9 We will not be liable for any Prize(s) that do not reach the winners for reasons beyond our reasonable
control.
4.0 We will not be responsible for any inability of a Prize winner to take up a Prize. If winner(s) are not able
or available to accept the Prize for any reason which is beyond our reasonable control then we reserve
the right to select a replacement winner.
4.1 Unless stated in the Specific Rules, you may not win more than one Prize per Competition and we
reserve the right to withhold or reclaim any second or subsequent Prize.
4.2 We reserve the right to substitute the Prize for a Prize of equivalent or greater monetary value should
unforeseen circumstances require it.
4.3 Except in the case of death or personal injury arising from its negligence or in respect of fraud and so
far as is permitted by law, J.A.K Marketing Limited, and its associated companies and agents, exclude
responsibility and all liabilities arising from any postponement, cancellation, delay or changes to the
Prize details beyond our control and for any act or default of any third party supplier.
4.4 The Terms and Conditions of any other third party supplier will also apply to the Prize where applicable.
If there is a conflict between third party Terms and Conditions and these Terms or Specific Rules
(if applicable), then these shall take precedence.
4.5 We will not be liable for any Prize(s) that do not reach the winners for reasons beyond our reasonable
control.
4.6 We will not be responsible for any inability of a Prize winner to take up a Prize. If winner(s) are not able
or available to accept the Prize for any reason which is beyond our reasonable control then we reserve
the right to select a replacement winner.
4.7 Unless stated in the Specific Rules, you may not win more than one Prize per Competition and we
reserve the right to withhold or reclaim any second or subsequent Prize.
4.8 Winner(s) will be selected at random from all correct and eligible entries received.
4.9 The winner(s) will be notified via email or telephone within 5 working days of the end date of the
Competition. If winner(s) cannot be contacted or does not claim the Prize within a reasonable time period,
we reserve the right to award the Prize to another Entrant.
5.0 Draw date: The next working day after the closing date (unless otherwise stated in the Specific Rules).
5.1 The decision of our judges is final and conclusive in all circumstances and no correspondence will
be entered into.
5.2 We may refuse or disqualify any entry (including winning entries) if the Entrant concerned or anyone
authorised by the Entrant to deal with their entry, acts in a way towards us which we reasonably
consider to be inappropriate, unlawful or offensive. If the winning entry is disqualified, we reserve
the right to award the Prize to another Entrant.
5.3 We may publish winners’ names and make them available to third parties upon their request which
may be made by sending in a self-addressed stamped envelope to our address up to 1 month after
the closing date for the relevant Competition.
5.4 The winner(s) may be required to participate in post-event publicity arranged by or on behalf of us.
5.5 The winner(s) agrees to participate, at our request, in publicity and agree that we own all Intellectual
Property Rights in, and may use at our absolute discretion, such publicity. We may refer to the
winner’s association with the Competition and/or Prize in all publicity, marketing and materials.
5.6 The winner(s) agree to allow us to use their name and likeness for advertising and publicity purposes
without additional remuneration.
5.7 By entering a Competition or submitting a video or image or any other materials in relation to a
Competition, you confirm the grant by you to us of a worldwide, non-exclusive, royalty free licence in
the Intellectual Property Rights in the Competition entry so that we shall be entitled to use the entry in
any and all media at no cost to us. Also you will not infringe the Intellectual Property Rights, privacy
or any other rights of any third party, or violate any applicable law or regulation.
5.8 No fee is payable to the Entrants or winners in respect to their involvement in a Competition.
5.9 By submitting an entry into a Competition the Entrant will be deemed to have read, understood and
accepted these Terms and agree to be bound by them.
6.0 All details correct at time of going to press.
6.1 Images are for illustrative purposes only.
6.2 E&OE.
Specific Rules for Competitions and Offers
Vet Inform
Offers that feature in the VetInform are valid until the end of the month of issue.
Website Terms of Use
These Website Terms of Use and our Privacy and Cookies Policies govern your use of the J.A.K Marketing website
(www.jakmarketing.co.uk). Please note that to use any of the services provided on the J.A.K Marketing website
and to view pricing, you must be a registered user. Registration is limited to bona fide veterinary practices and associated
professions. This is to protect your pricing information for products that you may sell on to the public.
Interpretation
In these Terms, the following words and phrases shall have the following meanings:
1.1 ‘Terms’ means these Website Terms of Use.
1.2 'Site’ means the J.A.K Marketing website (i.e. www.jakmarketing.co.uk)
1.3 'We’ means J.A.K Marketing Limited of Purfect House, 17 - 23 Dale Road, Sheriff Hutton,
York YO60 6RZ and its subsidiaries. ‘Us’ and ‘our’ will be construed accordingly.
1.4 'You’ means a user of the J.A.K Marketing Site, and ‘your’ must be construed accordingly.
Terms
2.1 The Site is provided free of charge for approved registered users subject to these Terms, our
Privacy Policy (click here to view) and Cookies Policy (click here to view). By using the Site you
agree to be bound by all of the above listed terms and policies.
2.2 Additional terms and conditions may apply when you buy products from the Site or post something
to the Site.
2.3 All orders and purchases made on the Site will be governed by our Terms and Conditions relating
to sales (click here to view).
2.4 We reserve the right to amend these Terms at any time without prior notice. We recommend that
you revisit this page regularly to keep informed of the current Terms. By continuing to access,
browse and use this Site, you will be deemed to have agreed to any changes or updates to
our Terms.
Excluded Services
3.1 The services provided by the Site do not include the provision of a computer or other necessary
equipment to access the Site. To use the Site you will require Internet connectivity and appropriate
telecommunications links. We shall not be liable for any telephone or other costs you may incur.
Accessing the Site
4.1 We do not guarantee that the services on the Site will meet your requirements.
4.2 We cannot guarantee that the service will be fault-free. If a fault occurs you should report it to us
by email at sales@jakmarketing.co.uk and we will attempt to correct the fault as soon as we
reasonably can.
4.3 Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the
introduction of new facilities or services. We will attempt to restore the service as soon as it
reasonably can.
4.4 We will not be liable to you if the Site is unavailable at any time.
4.5 We make no promise that materials on the Site are appropriate or available for use in locations
outside of the UK and accessing the Site from territories where its contents are illegal or unlawful
is prohibited. If you choose to access the Site from outside the UK, you are responsible for
compliance with local laws.
General Disclaimer
5.1 All information on the Site is correct to the best of our knowledge and has been published in
good faith. We will do our best to ensure that it is accurate. However, occasionally, it may be
incorrect, incomplete or out-of-date due to human error or circumstances beyond our control.
5.2 We may change content, products or services at any time without notice.
5.3 Any reviews or opinions on the Site are for information purposes only and should not be construed
as recommendations or advice.
5.4 Neither we nor third parties provide any warranty or guarantee as to the accuracy, timeliness,
performance, completeness or suitability of the information and materials found or offered on the
Site for any particular purpose. You acknowledge that such information and materials may contain
inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or error to the
fullest extent permitted by law.
5.5 It shall be your responsibility to ensure that any products, services or information available on the
Site meet your specific requirements.
Registration
6.1 All users and registrants must be aged 18 or over. Proof of age may be required.
6.2 You must ensure that the details provided by you on registration or at any time about yourself
and the veterinary practice you work at are correct and complete. You must inform us immediately
of any changes to the information that you provided when registering by emailing us at
sales@jakmarketing.co.uk
6.3 We may suspend or cancel your registration immediately at our reasonable discretion or if you
breach any of your obligations under the terms in the Terms clause. The suspension or
cancellation of your registration and your right to use the Site shall not affect either party’s rights
or liabilities. The Intellectual Property, Limitations and Liability clauses will survive cancellation.
6.4 You can cancel this agreement at any time by informing us in writing. In doing so, you must
stop using the Site.
Password and Security
7.1 When you register to use the Site, you will be asked to create a password. You must keep this
password confidential and must not disclose it or share it with anyone.
7.2 You are responsible for maintaining the confidentiality of your password an account. You will
be responsible for all activities and orders that occur or are submitted under your password. We
will not be liable for any loss or damage which may arise as a result of any failure by you to
protect your password or account.
7.3 If you suspect that someone else knows your password, you should notify us by contacting us
on 01347 878697 immediately.
7.4 If we have reason to believe that there is likely to be a breach of security or misuse of the Site,
may require you to change your password or we may suspend your account in accordance
with the Liability clause below.
7.5 We will try to ensure that the Site is free of viruses and malware. Due to the inherent risks linked
with using the Internet, we cannot guarantee this. It is your responsibility to protect your computer
against viruses, and configure your IT in order to access the Site. You should use your own virus
protection software.
Intellectual Property
8.1 The contents of the Site is protected by copyright, trademarks, database and other intellectual
property rights.
8.2 You may:
8.2.1 retrieve and display the contents of the Site on a computer screen;
8.2.2 store such content in electronic form on disk but not on a server or other storage device
connected to a network
8.2.3 print one copy of such content for your own personal, non-commercial use provided you
keep intact all and any copyright proprietary notices.
8.3 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any
of the materials or content on the Site without written permission from J.A.K Marketing Limited.
8.4. No licence is granted to you in these Terms to use any trademarks of J.A.K Marketing Limited.
Third Party Websites
9.1 We include links to third party websites or material. They do not signify that we endorse the
websites. We do not control the content or links that appear on these websites and are not
responsible for the practices employed by websites linked to or from our Site.
9.2 They are not screened for privacy or security issues by us, and you release us from any liability
for the conduct of these third party websites.
9.3 These websites and services may have their own privacy policies. Browsing and interaction on
any other website, including websites which have a link to our Site, is subject to that website’s
own terms and policies.
9.4 These websites or services, including their content and links, may be constantly changing. We are
not responsible for content on these websites.
Advertising and Sponsorship
10.1 The Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible
for ensuring that material submitted for inclusion on the Site complies with relevant laws and
codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship
material.
Limitations
11.1 You may not use the Site for any of the following purposes:
11.1.1 Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar,
obscene, or otherwise objectionable material.
11.1.2 Transmitting material that encourages conduct that constitutes a criminal offence,
results in civil liability or otherwise breaches any relevant laws, regulations or code
of practice.
11.1.3 Gaining unauthorised access to other computer systems.
11.1.4. Interfering with any other person’s use or enjoyment of the Site.
11.1.5 Breaching any laws concerning the use of public telecommunications networks.
11.1.6 Interfering or disrupting networks or website connected to the Site.
11.1.7 Making, transmitting or storing electronic copies of materials protected by copyright
without the permission of the owner.
11.2 We reserve the right to refuse to post material on the Site or to remove material already posted
on the Site.
11.3 You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered
or incurred by us, all damages awarded against us under any judgment by a court of competent
jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising
out or in connection with:
11.3.1 Any claim by any third party that the use of the Site by you is defamatory, offensive or
abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach
of any applicable law, regulation or code of practice;
11.3.2 Any claim by any third party that the use of the Site by you infringes that third party’s
copyright or other intellectual property rights of whatever nature;
11.3.3 And any fines or penalties imposed by any regulatory, advertising or trading body or
authority in connection with the use of the Site by you.
Liability
12.1 The Site is provided by J.A.K Marketing Limited without any warranties or guarantees.
12.2 You must bear the risks associated with the use of the Internet.
12.3 The Site provides content from other Internet sites or resources. While we try to ensure that
material on the Site is correct, reputable and of high quality, it cannot accept responsibility if this
is not the case. We will not be responsible for any errors or omissions or for the results obtained
from the use of such information.
12.4 We will not be responsible for any technical problems you may experience with the Site.
12.5 When we are informed of any inaccuracies in the material on the Site, we will attempt to correct
the inaccuracies as soon as we reasonably can.
12.6 We are not responsible for the following:
12.6.1 Incompatibility of the Site with any of your equipment, software or telecommunications
links.
12.6.2 Technical problems including errors or interruptions of the Site.
12.6.3 Unsuitability, unreliability or inaccuracy of the Site.
12.6.4 Inadequacy of the Site to meet your requirements.
12.7 To the full extent allowed by applicable law, you agree that we will not be liable to you / or any
third party for any consequential or incidental damages (including but not limited to loss of
revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and
loss of data) or any other indirect, special or punitive damages whatsoever that arise out of
or are related to the Site.
12.8 Our acceptance of an order takes place on despatch of the order, at which point the purchase
contract will be made and you will be charged for your order.
Miscellaneous
13.1 The Site is owned and operated by J.A.K Marketing Limited, a company registered in England
under company number 4316591 and our VAT number is GB 585296395. Our registered office
is Purfect House, 11 - 21 Dale Road, Sheriff Hutton, York YO60 6RZ.
Social Media Terms of Use
Interpretation
In these Terms, the following words and phrases shall have the following meanings:
1.1 ‘Terms’ means these Social Media Terms of Use.
1.2 ‘Our Social Media Channels’ means where J.A.K Marketing Limited has an active presence on social networks
which include but are not limited to Facebook, Twitter and YouTube.
1.3 ‘We’ means J.A.K Marketing Limited of Purfect House, 17 - 23 Dale Road, Sheriff Hutton, York YO60 6RZ
and its subsidiaries. ‘Us’ and ‘our’ will be construed accordingly.
1.4 ‘You’ means a user of any of Our Social Media Channels, and ‘your’ must be construed accordingly.
The Contract
2.0 Social networks have their own terms and conditions, which you need to comply with as well as our own.
2.1 Use of Our Social Media Channels indicates that you accept these Terms and agree to comply with them.
2.2 We reserve the right to amend these Terms at any time without prior notice.
2.3 While we have official profiles on social networks, this does not mean that we endorse those social networks or
that we are responsible for their products or services. If you access social networks, you do so at your own risk.
2.4 We are not responsible for any losses or damages you may suffer as a result of using social networks.
2.5 We do not guarantee that Our Social Media Channels, or any content on them, will always be available
or be uninterrupted. From time to time, we may at our discretion change, suspend or permanently withdraw
all or part of Our Social Media Channels without prior notice.
2.6 Our products and services may be referred to on Our Social Media Channels are subject to eligibility
criteria and other terms and conditions.
2.7 In terms of promotions or competitions through Our Social Media Channels, if there are any additional terms and
conditions we will provide you with these at that time.
2.8 Unless specified, the information on Our Social Media Channels is not directed at anyone other than UK-registered
Veterinary Practices and designed for use in the UK. The information on Our Social Media Channels may not satisfy the
laws of any other country.
2.9 When posting content please be polite, respectful, relevant, accurate where stating facts and civil to others, even if your
views differ. You agree not to post or transmit any material:
2.9.1 that is threatening, defamatory, abusive, obscene, offensive, deceptive, misleading, menacing, scandalous,
inflammatory, blasphemous that is sexually explicit, pornographic, overly-graphic or containing nudity
2.9.2 that is discriminatory or liable to incite racial hatred
2.9.3 that is in breach of confidence or privacy; - which may cause annoyance, distress or inconvenience
for which you have not obtained all necessary licences and/or approvals
2.9.4 Images that do not have owner or practice permission or that may breach confidentiality
which constitute 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
2.9.5 which is technically harmful (including without limitation, viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful data); - otherwise inappropriate.
2.9.6 You may not use Our Social Media Channels for illegal purposes or otherwise misuse our social media channels
(including, without limitation, by hacking or impersonating us, or in any way not permitted by these Terms).
2.9.7 We reserve the right to contact you where we have received complaints about your content.
2.9.8 We may ask you to remove certain content where such content does not comply with these Terms or the law.
2.9.9 Your content must be your original work and comply with the law of England and Wales, and any country from
which it is posted. When you submit materials to Our Social Media Channels, you confirm that you are entitled to submit
the content and that the content is accurate and not in violation of any contractual restrictions.
2.9.10 We will assume that any material you transmit or post to our social media channel is not confidential. You retain all of your
ownership rights in your content, however you grant us a worldwide, non-exclusive royalty free licence to freely use,
copy, edit, alter, reproduce, publish, display and/or distribute such material to any and all purposes in any media or
through any distribution method.
2.9.11 We reserve the right to moderate any content posted to Our Social Media Channels. Where we moderate content,
we may at our discretion refrain from publishing certain material transmitted or posted by you. We shall be under no
obligation to notify you of such decision.
3.0 The language of Our Social Media Channels is English and contributions should be made in English as we are unable to
respond to content in other languages. This may mean in some instances that we need to remove material if we cannot be
certain of its contents.
3.1 You may share and comment on content that we post to Our Social Media Channels provided that you do not amend it and that
you cite us as the source.
3.2 Unless otherwise stated, all trademarks, company names, logos and designs used on Our Social Media Channels
and copyright in the content of our posts (except where other contributors are acknowledged) are the intellectual property of
J.A.K Marketing Limited. You must not copy these or misuse them in any way or use these for commercial purposes without
our consent.
3.3 We do not represent that the content on Our Social Media Channels posted by us is accurate, complete, reliable, useful, or
up-to-date. We have no liability to you if it is not.
3.4 Our Social Media Channels are public and any contribution you make will be available for anyone to see. Do not include
any account, logon, financial or other personal details when posting content on Our Social Media Channels. We will only ask
for your contact details, which we may request in a private message when we need to assist you with our products or services.
3.5 Messages sent over the Internet or via mobile applications may not be completely secure as they are subject to possible
interception or loss or possible alteration. This is not within our control and so we are not responsible for them and will not
be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message
sent by us to you over the Internet or through a mobile application.
3.6 We regularly update and monitor Our Social Media Channels, however we may not always be able to read all messages or reply
individually to messages received via these channels.
3.7 Links to third party websites or pages on Our Social Media Channels are provided solely for your convenience or as part
of the nature of how social networks operate. We have not reviewed these and do not control them so are not responsible for
such websites or their content or availability. We do not endorse support, represent or guarantee any material on third party
posts, contents, websites or pages or any results that may be obtained from using them. Any use or reliance on such content
or materials posted is at your own risk.
3.8 Links to downloadable software sites that may be available on social networks or third party websites that are linked to Our Social
Media Channels are not provided, endorsed or checked by us, and we are not responsible for such software or liable for any difficulties
or consequences associated with downloading the software.
3.9 Sometimes it may not be possible to moderate Our Social Media Channels. Our Social Media Channels may potentially be abused by
third parties and therefore we cannot promise that no unsuitable third party content will appear on Our Social Media Channels.
4.0 We do not create, control, represent or endorse any opinions or statements expressed by others, including those that follow/like us
and those followed/liked by ourselves.
4.1 If we follow another user’s account, ‘like’ another page, re-tweets, ‘favourites’, shares or otherwise re-posts another user’s content,
such action does not constitute an endorsement.
4.2 We are not responsible for: - losses not caused by our breach; - failure to perform or provide any services where such failure is due
to events beyond our control; - indirect losses which are a side effect of the main loss or damage and which are not reasonably
foreseeable by you and us at the time of entering into these Terms; - loss or damage in connection with any third party website,
applications, or software linked from Our Social Media Channels; - loss or damage due to viruses or other harmful which may infect
your device.
4.3 We reserve the right to suspend or terminate your access to all or any of Our Social Media Channels in the event that you fail to comply
with these Terms.
4.4 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation
where you breach these Terms.
4.5 You agree to compensate us fully if we suffer loss and damage as a result of your failure to abide by these Terms.
4.6 Our Social Media Channels are not the appropriate place to resolve issues, complaints or suggestions about individual sales
and service experiences or our products. This does not mean we do not want to hear about such issues but these types of
concerns are best handled by trained representatives. If you are interested in sharing comments or feedback outside of
Our Social Media Channels, you can send a message through the ‘Contact Us’ option on www.jakmarketing.co.uk.
Dosimetry Subscription Terms & Conditions
Definitions
In these Terms and Conditions, the following expressions shall, unless the context otherwise requires, have the following meanings:‘We’ means J.A.K Marketing Limited and ‘Us’ and ‘Our’ will be construed accordingly.
‘You’ means the person, firm or company who wishes to purchase Goods and/or Services from Us and ‘Your’ will be construed accordingly.
‘Service’ means the dosimetry subscription service.
1. The Agreement
1.1 All Dosimetry Subscription Services will be subject to these Terms and Conditions.1.2 Our Standard Terms and Conditions apply. These can be found on our website at: www.jakmarketing.co.uk/terms-and-conditions
1.3 We do not accept any additional or different Terms and Conditions unless we have explicitly agreed to such Terms and Conditions in writing.
1.4 If you are acting on behalf of a business in purchasing the Service for that business, you represent and declare that you have the power and authority to bind that business entity, and you acknowledge that We are providing the Service to you and the business you represent.
1.5 By ordering, receiving, or using the Service after receipt of these terms You agree to these general terms.
2. Dosimetry Subscription Service
2.1 The Service is subscription based and entitles you to use of the following: dosimetry service, processing of badges, dose results/reports, customer support and assistance.2.2 Additional services such as special handling, copies of previous reports, custom reports, emergency processing, dosimeter replacements, and ancillary products are available for additional fees.
2.3 This Service is NOT available to sole traders, locums or customers based outside of the UK.
3. Dosimeter Badges
3.1 The dosimeter badge remains the property of J.A.K Marketing and must be returned to Us at the end of the Service effective date (or the end of the paid wear period).3.2 Postage fees, proof of postage, and delivery is Your responsibility. Any charges incurred to Us for insufficient postage will be invoiced to Your account. Lost, damaged or unreturned badges will incur a replacement fee.
3.3 Each dosimeter (including the control badge) not returned 30 days after the end of the wear period, or at the end of the Service will incur a non-refundable late fee charge.
3.4 Dosimeter badges returned in a damaged condition will incur a replacement fee.
3.5 Requests for replacement badges due to loss or damage will be subject to a replacement fee, which varies by dosimeter type (Luxel+, Apex, Instadose, OSL, rings, etc.)
3.6 You are responsible for all costs associated with receiving and returning dosimeter badges.
4. Fees and Charges
4.1 All fees, charges and sales are final.4.2 The fees for the Service provided shall be deemed fully earned by Us upon provision of the Service to you.
4.3 Dosimeter badges are loaned and provided to you upon inception of the Service, the fees paid constitute fees for the provision of the Service and not for the dosimeter badge itself.
4.4 You agree to pay the subscription fees and any other charges incurred (including any add-on products/services, shipping, and late/replacement badge fees) in connection with your Service account at the rates in effect for the subscription period you have selected.
4.5 We reserve the right to change the fees and charges in effect or add new fees or charges at any time without advance notice.
4.6 The Service is automatically renewed, without notice, for successive periods of like duration unless the subscribed user chooses to cancel in writing according to the terms expressed in Section 5.
5. Cancellation of Service/Subscriptions.
5.1 Cancellation of the service must be received in writing to dosimetry@jakmarketing.co.uk, and must include appropriate account information, including account name, address, account number, contact phone number and contact name.5.2 Cancellation must be at least 35-days prior to the start of the next wear period.
5.3 Failure to comply with the cancellation requirements will result in automatic renewal for the next wear period and incur the full subscription charge for the next wear period.
5.4 The Service is subscription based and you acknowledge that cancelling your subscription to the Service will not immediately terminate the Service.
5.5 The Service will continue to be provided and you will continue to be invoiced until the Service is cancelled by You or Us.
5.6 We are not responsible for failure to cancel the Service in a timely manner.
5.7 We will not issue credit for subscription fees incurred or service charges paid and we will not refund the remaining portion of the subscription.
5.8 In the event of any breach of these Terms and Conditions by You, We reserve the right to cancel the service. You will be liable for outstanding fees on the account.