Terms and Conditions

Version number: 01

Effective date: 01/05/2023

1. Who are we
1.1 We are Bespoke Digital Limited trading as “Marketing Supermarket”. Our company information is at the end of this document.
2. What this is all about
2.1 These are our terms and conditions which apply to our Service (explained below). They’re available in English only. Please read the entire document carefully and contact us if anything is unclear. Please save a copy as we don’t file a copy specifically for the transaction with you.
2.2 Where you communicate with us on behalf of an organisation, you promise that you have authority to do so.
3. Some definitions used in these terms (in capital letters)
  • “Supplier” – a User that uses our Service for the purpose of finding clients.
  • “Buyer” – a User that uses our Service for the purpose of finding suppliers that provide marketing and related services.
  • “Content” – all information of whatever kind (including profiles) displayed, stored or sent on or via our Service.
  • “Service” – the service we offer by means of our website and any related services.
  • “User” – people (i.e., including sole traders) or organisations using our Service (whether or not registered with us).
4. How you enter a legal contract with us
4.1 By using our website, you enter a legal contract with us to use our Service..
5. Changing these terms and conditions
5.1 We may change these terms and conditions by posting the new version on our website the new terms will apply if you use our Service after the effective date.
6. Your right to use our Service
6.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you, subject to these terms and conditions.
7. Dealing with Agencies
7.1 We do not guarantee that any, or any particular number of, agencies will respond to your quote request. We do not endorse or recommend any Agencies and we have no liability in connection with your dealings with them. Where appropriate, you are responsible for investigating Agencies before contracting with them. You deal with Agencies at your own risk.
8. Behaviour when using our Service
8.1

You agree not to do any of the following in connection with our Service:

  • break the law or infringe anyone else’s rights;
  • send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
  • victimise or harass other people;
  • use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
  • deceive or mislead anyone;
  • send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are otherwise legally permitted to do so;
  • impersonate anyone;
  • use our Service to help you compete with us or to infringe our rights;
  • disrupt our Service, e.g., spam, viruses or phishing;
  • interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
  • intercept or modify communications;
  • impose an unreasonable load on our Service;
  • get around any security features including those designed to stop copying of Content; or
  • attempt, encourage or assist any of the above.
8.2

You agree to:

  • comply with the guidance/requirements of our Service; and
  • cooperate reasonably with us in relation to our Service.
8.3 You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.
9. Your Content
9.1 You are responsible for your Content.
9.2 You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
9.3 We are entitled (without telling you) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or our upstream providers, or if we consider that Content does not meet our quality standards.
9.4 We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to send via our Service.
9.5 We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
9.6 It is your responsibility to make your own backups of Content if you want protection if it is lost or damaged. We are not responsible for loss or damage that could have been avoided if you had made a backup (but this doesn’t affect our duties under data protection laws).
10. Other Users
10.1 If you encounter any inappropriate Content or behaviour in connection with our Service or if you have any concerns for your safety, you agree to immediately (1) stop communicating with the other person and (2) tell us. Please also seek relevant external help If appropriate (e.g., from law enforcement authorities).
11. Other peoples’ services / advertising / websites
11.1 We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
12. Our guidance
12.1 If we ourselves provide any general guidance or other similar information on or via our Service, we do not guarantee that it is accurate or up to date or relevant to you and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
13. If you create an account on our Service
13.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow anyone else to use your account.
13.2 You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for your authorised Users and for unauthorised people who use your account or identity (unless and to the extent that we are at fault).
14. Support
14.1 The Service includes support only if we opt to provide support and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.
14.2 Unless we say otherwise, any support that we do opt to provide is only available by email between 9am and 5pm on business days in England and we do not guarantee any particular response times or outcomes. Any response times given are calculated in English business hours/days unless we say otherwise. We are allowed to change or withdraw our support service at any time.
14.3 In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.
15. Ending or suspending this contract
15.1 Each of us is entitled to end this contract at any time by email notice to the other.
15.2

If this contract ends:

  • Your right to use our Service and all licences are terminated.
  • Existing rights and liabilities are unaffected.
  • All terms in this contract which are stated or intended to continue after termination will continue to apply.
16. If our Service doesn’t work properly
16.1 We do not warrant that the Service will be uninterrupted or error-free or that any Content generated, stored, transmitted or used via or in connection with the Service will be complete, accurate, secure, up to date, received or delivered correctly or at all.
16.1 We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.
17. Liability and indemnity
17.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
17.2 To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
17.3

Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:

  • loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
  • indirect, consequential or special losses.
17.5 You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).
17.6 This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.
18. Intellectual property rights (IP)
18.1 We and/or our partners or other Users own the IP in all Content (excluding your Content) used on or in connection with our Service. Let’s call this “our Content”. We license you and your authorised Users to use our Content for your own business’s internal use only. Unless these terms specifically allow you to, you must not otherwise use all or any part of our Content including by copying, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing it on to other people, unless we give you clear written permission. You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.
18.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.
19. Your personal information
19.1 You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
20. Things we can’t control
20.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
21. Transferring this contract to someone else
21.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
22. English law and courts
22.1 This contract is governed by the law, and subject to the exclusive jurisdiction of the courts, of England and Wales.
23. General
23.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.
24. Information about us
24.1 Company name: Bespoke Digital Limited
24.2 Trading name: “Marketing Supermarket”
24.3 Country of incorporation: England and Wales
24.4 Registered number: 07730913
24.5 Registered office and contact address: C/O Linden Accountants Scrapstore House, 21 Sevier Street, Bristol. BS2 9LB. United Kingdom.
24.6 Contact email address: admin@marketing-supermarket.com
24.7 Other contact information: See our website/contact page
24.8 VAT number: GB 118 7820 03