How to Update your Terms and Conditions, Privacy Policy and Email disclaimer.
Essential compliance for your Business Data Protection Act 2018
William Nicholls
Last Update 9 months ago
Systematically update to your Terms and Conditions. Privacy Policy and Email disclaimer.
This will typically save you £4000 in lawyers fees
Cut and paste this into a word document
Use Control F to find and change. then use again to check before you send to Maltix Head office
Data Protection Act 2018
For QR PhoneSite, Bizcard and PWA
Submit here also at bottom of the page
#1 TERMS AND CONDITIONS.
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read
these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
If you are not sure about anything, just phone us on the what’s app link
Application
These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
We are Maltix a company registered in England and Wales number 12091935 whose registered office is at 71-75
Shelton Street , Covent Garden, London, WC2H 9JQ with email address 07397901597; telephone number ;
(the supplier or us or we).
These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by
these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to
enter into a contract and are at least 18 years old.
Interpretation
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft
or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to
the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is
long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process
set out on the Website;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received
from you via the Website
Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
Website means our website maltix.co.uk on which the Services are advertised.
Services
The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of
advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the tech detail and colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services which appear on the Website are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement.
We will notify you of these changes.
Customer responsibilities
a.
Customer responsibilities
You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and
representatives with access to any premises under your control as required, provide us with all information required to
perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written email notice to you.
Personal information
We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you
expressly agree to this. Basis of Sale
The description of the Services and any Goods in our website does not constitute a contractual offer to sell the
Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order ( Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us
immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order
you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order
Confirmation).
You will receive the Order Confirmation within a reasonable time after making the Contract, but in any
event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the
Services.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not
the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate
for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or
other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
Fees and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
Delivery
We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
in the case of Services, within a reasonable time; and
a.
b.
a.
b.
a.
b.
in the case of Services, within a reasonable time; and
in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the
Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to
reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to
any other remedies) treat the Contract at an end if:
we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on
time was essential; or after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the
Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order
for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies)
without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have
been delivered, you must return them to us or allow us to collect or delete them from you and we will pay the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the
value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
INVALID : We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and
Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or
other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason,
subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if
reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by
you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.
These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
goods that are made to your specifications or are clearly personalised;
goods which are liable to deteriorate or expire rapidly.
Right to cancel
a.
b.
Right to cancel
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason, however any subscription charges remain your responsibility.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the
carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services
only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting
out your decision (eg a letter sent by p or email). You can use the attached model cancellation form, but it is not
obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
You can also electronically fill in and submit the model cancellation form or any other clear statement of the
Customer’s decision to cancel the Contract on our website maltix.co.uk . If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period
We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, except subscription payments with 3rd parties
Payment for Services commenced during the cancellation period
Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your
express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied,
ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to
what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the
basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value
of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders.
You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not
supplied in response to such a request.
Deduction for Goods supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of
unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics
and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This
is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
14 days after the day we receive back from you any Goods supplied, or
(if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply
of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on
which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you
have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
a.
b.
a.
b.
c.
a.
b.
Returning Goods
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods
or hand them over to us at 71-75 Shelton Street , Covent Garden, London, WC2H 9JQ without delay and in
any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The
deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to
bear the cost of returning the Goods.
For the purposes of these Cancellation Rights, these words have the following meanings:
distance contract means a contract concluded between a trader and a consumer under an organised distance sales
or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the
exclusive use of one or more means of distance communication up to and including the time at which the contract
is concluded;
sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a
consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and
services as its object.
Conformity and Guarantee
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not
meet the following obligation.
Upon delivery, the Goods will:
be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you
made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment)
and be fit for any purpose held out by us or set out in the Contract; and
conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will supply the Services with reasonable skill and care.
We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer
of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial
scope of the guarantee, are set out in the manufacturer’s guarantee supplied with the Goods. This guarantee will take
effect at the time the Goods are delivered, and will not reduce your legal rights.
We will provide the following after-sales service: Product specific support as detailed.
In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our
behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account
when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract.
Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf
of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this
Contract or later).
Duration, termination and suspension
The Contract continues as long as it takes us to perform the Services.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or
suspension to the other if that other:
commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either
cannot be fixed or is not fixed within 30 days of the written notice; or
is subject to any step towards its bankruptcy or liquidation.
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be
affected.
a.
b.
a.
b.
c.
a.
b.
c.
d.
Successors and our sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its
obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help
perform its duties.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and
the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and
the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the
Customer’s above rights relating to delivery (and the right to cancel below).
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with
regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy
(http://maltix.co.uk/terms-and-conditions/) and cookies policy (http://maltix.co.uk/cookies).
For the purposes of these Terms and Conditions:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not
limited to Data Protection Act 2018 2016/679.
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the Data Protection Act 2018
We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal
Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the
Data Protection Laws:
before or at the time of collecting Personal Data, we will identify the purposes for which information is being
collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can e-mail: [email protected]
Excluding liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by
negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was
not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your
business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not
buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in
Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows: 3 days.
Attribution
Model cancellation Form
To
Maltix
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ
Email address: [email protected]
+44 7397901597
Telephone number:
I/We[] hereby give notice that I/We [] cancel my/our [] contract of sale of the following goods [] [for the supply of the
following by email or telephone call
#2 Privacy Policy
Data Protection Act 2018 Maltix Ltd is a data processor for the purposes of the : and its representative is William Nicholls; the Independent Data Protection Officer is Maltix Ltd; data is used only for the purposes of customer initiated projects; the purpose is for Business-to-Business activities only; all processing is carried out within the UK and European Union and Commonwealth countries including South Africa your data is not transferred beyond these regions without prior consent; we have appropriate safeguards in place to protect your data as set out in our ISO27001 policies; generally we retain emailed information for seven years and project data for three years; you have the rights expressed in the Protection Act 2018 regulations to have copies of your data and where relevant request corrections and revisions; should you request the deletion of your personal data this is subject to the conditions of the data controller with statutory record retention periods;
Regarding consent should this be withdrawn from Maltix Limited then there is no manual alternative to our computerised operations so you would be unable to continue as a customer of Maltix Ltd; following an unsuccessful request to Maltix.co.uk you then have the right to refer to the UK Information Commissioner’s Office for consideration;
Maltix Limited does not use automated processing in any form as decision making. If your email has been forwarded from a third party or colleague then this notice serves additionally for Article 14 of the Regulations.
The Data Protection Act 2018 represented here is for use by all Maltix partners worldwide and is distributed widely within our contact and payment systems.
The policy: This privacy policy notice is for this website; maltix.co.uk and served by Maltix UK and governs the privacy of those who use it.
Registered Office Address:
Maltix Ltd
Company number 12091935
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ
Office hours only
UK telephone: 07397901597
he purpose of this policy is to explain to you how we control, process, handle and protect your personal information while browsing or using this website, including your rights under current laws and regulations. If you do not agree to the following policy you may wish to cease viewing / using this website.
Policy key definitions:
Under the Data Protection Act 2018 we control and / or process any personal information about you electronically using the following lawful bases.
If, as determined by us, the lawful basis upon which we process your personal information changes, we will notify you about the change and any new lawful basis to be used if required. We shall stop processing your personal information if the lawful basis used is no longer relevant.
Under the Data Protection Act 2018 your rights are as follows. You can read more about your rights in detail here;
You also have the right to complain to the ICO if you feel there is a problem with the way we are handling your data.
We handle subject access requests in accordance with the Data Protection Act 2018
We use cookies on this website to provide you with a better user experience. We do this by placing a small text file on your device / computer hard drive to track how you use the website, to record or log whether you have seen particular messages that we display, to keep you logged into the website where applicable, to display relevant adverts or content, referred you to a third party website.
Some cookies are required to enjoy and use the full functionality of this website.
We use a cookie control system which allows you to accept the use of cookies, and control which cookies are saved to your device / computer. Some cookies will be saved for specific time periods, where others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options.
We ensure the security of any personal information we hold by using secure data storage technologies and precise procedures in how we store, access and manage that information. Our methods meet the Data Protection Act 2018 compliance requirement.
We have provided some further explanations about user privacy and the way we use this website to help promote a transparent and honest user privacy methodology.
Our website may contain adverts, sponsored and affiliate links on some pages. These are typically served through our advertising partners; Google Adsense, eBay Partner Network, Affiliates, or are self served through our own means. We only use trusted advertising partners who each have high standards of user privacy and security. However we do not control the actual adverts seen / displayed by our advertising partners. Our ad partners may collect data and use cookies for ad personalisation and measurement. Where ad preferences are requested as ‘non-personalised’ cookies may still be used for frequency capping, aggregated ad reporting and to combat fraud and abuse.
Clickable sponsored or affiliate links may be displayed as a website URL like t
Clicking on any adverts, sponsored or affiliate links may track your actions by using a cookie saved to your device. You can read more about cookies on this website above. Your actions are usually recorded as a referral from our website by this cookie. In most cases we earn a very small commission from the advertiser or advertising partner, at no cost to you, whether you make a purchase on their website or not.
We use advertising partners in these ways to help generate an income from the website, which allows us to continue our work and provide you with the best overall experience and valued information.
If you have any concerns about this we suggest you do not click on any adverts, sponsored or affiliate links found throughout the website.
Under the Data Protection Act 2018 we use the consent lawful basis for anyone subscribing to our newsletter or marketing mailing list. We only collect certain data about you, as detailed in the “Processing of your personal date” above. Any email marketing messages we send are done so through an EMS, email marketing service provider. An EMS is a third party service provider of software / applications that allows marketers to send out email marketing campaigns to a list of users.
Email marketing messages that we send may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of data such as; times, dates, I.P addresses, opens, clicks, forwards, geographic and demographic data. Such data, within its limitations will show the activity each subscriber made for that email campaign.
Any email marketing messages we send are in accordance with the Data Protection Act 2018 and the PECR. We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences / the information we hold about you at any time. See any marketing messages for instructions on how to unsubscribe or manage your preferences, you can also unsubscribe from all Mailchimp lists, by following their link, otherwise contact the EMS provider.
Our EMS provider is; [Capsule].
We hold the following information about you within our EMS system;
Name
Telephone no
Call recording
Email address
Home address
Smart Form Pages with information clients and applicants volunteer
#3
Registered office: Incorporated in England & Wales under company registration number 12091935 | This document, together with any attachments is for the exclusive and confidential use of the intended recipient. Any other distribution, use or reproduction without our prior consent is strictly prohibited. If you have received this message in error please notify the sender immediately.
Copy and Paste your THREE completed Documents into this Smart Form Page please.
On submission the information is emailed to the Chief VA and [email protected] at Maltix Head office.