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MyECF Terms & Conditions

MyECF Terms and Conditions

MyECF terms and conditions incorporates ECF’s standard terms and conditions. To the extent any terms or provisions of these MyECF terms and conditions conflict with the ECF standard terms and conditions, the provisions of these MyECF terms and conditions shall prevail.

Recitals

A.    East Coast Fittings Limited (‘ECF’) wishes to offer Customers access to the MyECF that will allow them to view Products and Services offered for sale by ECF 24 hours a day, 7 days a week, and with the use of a Password allow for the viewing and ordering of ECF Products and Services at their net prices.

B.    ECF and the Customer wish to be able to trade through MyECF on these MyECF terms and conditions.

Definitions

Administrator

Means the Customer appointed lead user responsible for all User activity and the primary contact for communications with ECF relating to MyECF matters. Each Customer will nominate at least one Administrator.

MyECF

Means the ECF internet ordering website described in Recital A.

Password

Means the string of characters used by MyECF to authenticate or prove the identity of an individual User.

User

Means a person who is authorised by the Customer to access MyECF to view and order ECF Products and Services, select a delivery method for each order and to contribute to reviews and online discussions from time to time.

Operative Provisions 

1.     Sales and Ordering

1.1.   ECF shall sell and a User shall order on behalf of their organisation such quantities of Products or Services using MyECF subject to these MyECF terms and conditions.

2.     Customer

2.1.   The Customer acknowledges that it is solely responsible for the actions of their User’s in viewing and ordering ECF Products and Services via MyECF, submitting contributions to the content of MyECF (e.g. product reviews and Blogs) and modifications of any data within the MyECF website where expected.

3.     User Email Address and Password

3.1.   To login to MyECF a User will need a unique Customer email address and a Password initially supplied by ECF.

3.2.   A prospective User will submit a request for a Password by providing to ECF, their:

3.2.1. first name

3.2.2. last name

3.2.3. organisation name

3.2.4. organisation ECF account number

3.2.5. telephone number

3.2.6. unique email address

3.2.7. required MyECF level of access:

3.2.7.1.          Standard – view and order Products and Services, contribute to forums and receive MyECF electronic email communications

3.2.7.2.          Advanced – as per Standard level plus the ability to view Company business transactions (e.g. invoices)

3.2.7.3.          Administrator (see Definitions)

3.3.   Upon acceptance of a request for a new User, ECF will generate a Password. Before supplying the Password, ECF will perform works that will connect the User to their organisation’s ECF account history and Product and Service pricing reflective of the organisation’s agreement/s with ECF.

3.4.   The Password has the following functions:

3.4.1.to allow MyECF to identify and connect the Customer and User;

3.4.2.to allow the User to view their organisation’s trading history;

3.4.3.to allow the User to view Products and Services with net prices reflective of their organisation’s pricing agreement/s with ECF;

3.4.4.to allow the User to order Products and Services with net prices reflective of their organisation’s pricing agreement/s with ECF;

3.4.5.to provide proof that the Customer authorises the orders placed by the User in its name.

3.5.   ECF and the Customer will use all reasonable endeavours to ensure the Password remains confidential and a personal secret to the User.

3.6.   Upon a User change of employment, the Administrator will immediately advise ECF so that their status can be updated and Password can be deleted.

3.7.   ECF may delete a Password at any time for any reason without notice.

3.8.   ECF will audit Passwords on a minimum of a 12 monthly basis. At the time of any audit Passwords that are deemed to have not been used in the preceding 6 month period may be deleted.

4.     MyECF Generated Orders

4.1.   The User may place orders for Products and Services through MyECF. All orders placed by the Customer are subject to review and acceptance by ECF. For the avoidance of doubt, ECF shall be at liberty to refuse any orders placed by the Customer for any reason whatsoever.

4.2.   MyECF may immediately email to the User confirmation of the contents of the order they have submitted on behalf of their organisation.

4.3.   No User order on behalf of a Customer shall become a Contract and therefore binding upon ECF until an official Order Acknowledgment has been issued to the Customer. ECF email Order Acknowledgements are sent to the Customer email account normally used by ECF for such purposes and not the User email account.

4.4.   Any Customer order which is accepted by ECF and has therefore become a Contract shall be subject solely to ECFs standard terms and conditions to the exclusion of any other term and conditions offered by the Customer whether or not brought to the attention of ECF.

4.5.   ECF is required by law to inform Customers that orders can be concluded in English only and that no public filing requirements apply.

5.     Price and Payment

5.1.   The price of Products and Services shall be stated reflective of the Customer pricing agreement/s with ECF.

5.2.   All prices are shown in Great Britain Pounds (GBP) exclusive of value added tax, any other sales tax applicable and delivery charges if applicable.

6.     Confidentiality

6.1.   The Customer and Users shall safeguard and (save as may be required by law) keep confidential all information entrusted to it by ECF, including MyECF pricing of Products and Services which is not in the public domain and take all reasonable precautions to safeguard ECF's confidential information.

6.2.   Only those members of ECF staff who need to be aware of confidential information in order for the Customer and/or User to fulfil its obligations under the MyECF terms and conditions shall be entitled access to the confidential information.

6.3.   All confidential information passed to the Customer and Users by ECF shall remain the exclusive property of ECF and the Customer and Users undertakes to return such information at the request of ECF or, at the latest, upon termination of their Password/s.

6.4.   Customer and User data protection rights are set out in the ECF Privacy Policy (available at www.ecf.co). The types of Customer and User personal data passed to carriers for them to undertake deliveries includes:

6.4.1.Full Name

6.4.2.Email address

6.4.3.Telephone and Mobile Telephone Number

6.4.4.Delivery Address

6.5. Customers from time to time will forward their Client’s personal data to ECF for the purposes of ECF delivering Products ordered by the Customer directly to their Client. ECF will store and retain the supplied data as a delivery address against the respective Customer. The types of Customer and User personal data passed to carriers for them to undertake deliveries includes:

6.5.1.Full Name

6.5.2.Email address

6.5.3.Telephone and Mobile Telephone Number

6.5.4.Delivery Address

6.6.   The confidentiality obligation under this clause shall survive the deletion/termination of a Password.

7.     MyECF Terms and Conditions

7.1.   MyECF terms and conditions shall commence on the date and time the User receives their MyECF Password and end upon the deletion/termination of the respective Password by ECF.

7.2.   These terms and conditions only cover the MyECF website. Any other websites to which a User links from MyECF are governed by the respective websites own terms and conditions. ECF accepts no responsibility or liability for the content or operation of websites which are not under ECF control.

7.3.   ECF owns the copyright, trademarks and all other intellectual property rights in all material and content on the MyECF website, which the Customer and User may use, download, copy, publish, transmit or otherwise make available by any other means only for their own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.

7.4.   A User may not create any link to MyECF without ECF’s prior written consent.

7.5.   These terms and conditions, and all transactions relating to MyECF and all non-contractual obligations arising from any transaction carried out on MyECF are governed by English law and are subject to the non-exclusive jurisdiction of the English courts.

7.6.   Additional terms and conditions may apply for Products, offers/promotions, prize competitions and added value services. If so, the Customer and user will be alerted to them at the relevant juncture.

7.7.   ECF may at any time amend the MyECF terms and conditions and the ECF standard terms and conditions upon 14 days prior written notification published on the ECF website (www.ecf.co) and MyECF News pages. The modified terms and conditions shall apply to any order placed by the Customer with ECF after the expiry of the notice period.

8.     MyECF Electronic and Other Communications

8.1.   Unless a Customer or User instructs ECF otherwise ECF may, where appropriate, communicate with Customers and Users via email or other electronic means (e.g. SMS). The recipient is responsible for virus checking emails and any attachments.

8.2.   With electronic communication there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. Electric communication is not totally secure and ECF cannot be held responsible for damage or loss caused by viruses nor for communications which are corrupted or altered after despatch. Nor can ECF accept any liability for problems or accidental errors relating to this means of communication especially in relation to commercially sensitive material. These are the risks the Customer, User and other users must bear in return for greater efficiency and lower costs, If, the Customer, User and other users do not wish to accept these risks please let ECF know and ECF will communicate by paper mail, other than where electronic submission is mandatory or there is no alternative means of communication within the design of the MyECF service/website. If there is no reasonable alternative to electronic communications the User’s Password may be deleted to avoid conflicting the User wishes.

8.3.   Electronic Communications from MyECF can be initiated by Users and other users e.g Email a Friend. ECF accepts no responsibility for the content or consequences of this form of communication.

9.     MyECF Website Service 

9.1.   ECF will make their best endeavours to ensure that any downtime to the MyECF service is kept to a minimum, however, this is subject to the availability and performance of systems, third party hosting companies and the internet service connectivity between them and the User.

9.2.   MyECF does not show stock availability.

9.3.   Maximum order quantities may apply to some Products.

9.4.   Order cut off times for deliveries are as per ECF published schedules.

 

MyECF T&Cs Version 1.5/Published 31/8/2018