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 6 months ago

Systematically update to your Terms and Conditions. Privacy Policy and Email disclaimer.


Data Protection Act 2018 

Submit here also at bottom of the page

Maltix Ltd. Terms and Conditions

Please read these terms and conditions carefully. By placing an order with us, you agree to be bound by them. If you are unsure about anything, please contact us via the WhatsApp link.

1. Application

These Terms and Conditions apply to your purchase of services and goods from us.

We are: Maltix Ltd VAT Number: GB 388448146 Company Number: 12091935 Winnington House, WINNINGTON LANE NORTHWICH, CHESHIRE, CW8 4DE England

Contact: Head Office telephone: +44 73901597 [Contact Form Link] [MAPS Link]

By ordering any of our services, you agree to these terms. You can only purchase services and goods from our PWA (WebApp) if you are at least 18 years old and eligible to enter into a contract.

2. Interpretation
  • Consumer: An individual acting for purposes that are wholly or mainly outside of their trade, business, craft, or profession.

  • Contract: The legally-binding agreement between you and us for the supply of the services.

  • Delivery Location: The agreed location where the services or goods are to be supplied, as specified in the Order.

  • Durable Medium: A means of communication, such as paper or email, that allows the recipient to store information for future reference and allows for its unchanged reproduction.

  • Goods: Any physical items we supply to you as part of the services, as described in the Order.

  • Order: Your order for our services submitted via our PWA (WebApp).

  • Privacy Policy: Our policy that outlines how we handle your confidential and personal information.

  • Services: The services and any accompanying goods advertised on our PWA (WebApp), as described in the Order.

  • PWA (WebApp): Our progressive web applications, including:

    • Maltix Freedom

    • Maltix Connect

    • Maltix Training Academy

    • Aurora

    • [eCard Link]

3. Services

The description of our services and any goods is as set out on our PWA (WebApp), catalogues, or other advertisements. These descriptions are for illustrative purposes only; there may be small discrepancies in the technical details and colours of any goods supplied.

If services or goods are made to your specific requirements, it is your responsibility to ensure that any information you provide is accurate. All services on our PWA (WebApp) are subject to availability.

We may make changes to the services to comply with any applicable law or safety requirement. We will notify you of these changes.

4. Customer Responsibilities

You must cooperate with us in all matters relating to the services. You must:

a. Provide us and our authorised employees with access to any premises under your control as required. b. Provide us with all necessary information to perform the services. c. Obtain any necessary licences and consents (unless otherwise agreed).

Failure to comply with these responsibilities is a Customer default. This entitles us to suspend the services until you remedy the issue. If you fail to remedy it after our request, we can terminate the contract with immediate effect by written email notice to you.

5. Personal Information

We handle and use all your personal information strictly in accordance with our Privacy Policy. You agree that we may contact you by email or other electronic communication methods, as well as by pre-paid post.

6. Basis of Sale

The description of our services and goods on our PWA (WebApp) does not constitute a contractual offer. When you submit an order, we may reject it for any reason, although we will try to inform you of the reason without delay.

The ordering process is detailed on the PWA (WebApp), allowing you to check and amend any errors before submission. It is your responsibility to ensure you have used the process correctly.

A contract for the ordered services is formed only when you receive an email from us confirming the order (Order Confirmation). You must ensure the Order Confirmation is complete and accurate and notify us immediately of any errors. We are not responsible for any inaccuracies in the order you placed.

By placing an order, you agree to us providing you with the Order Confirmation via email, which will contain all the contract information. You will receive this within a reasonable time, but no later than the delivery of any goods or the commencement of services.

Any quotation or estimate of fees is valid for a maximum of 30 days unless we withdraw it earlier. No variation to the contract can be made after it has been entered into unless it is agreed in writing by both parties.

We intend for these terms to apply only to contracts with a Consumer. If this is not the case, you must inform us so we can provide you with more appropriate terms for a business, which may grant you different rights.

7. Fees and Payment

The fees for the services, the price of any goods, and any additional delivery charges are as set out on the PWA (WebApp) at the date we accept your order, or as otherwise agreed in writing. Prices and charges include VAT at the applicable rate.

You must pay by submitting your credit or debit card details with your order. We can take payment immediately or before the delivery of the services.

8. Delivery

We will deliver the services and any goods to the Delivery Location: a. Within a reasonable time for services. b. Without undue delay and, in any event, no more than 30 days after the contract is entered into for goods.

If we do not deliver on time, you can require us to reduce the fees or charges by an appropriate amount, which may be up to the full amount.

You can also treat the contract as ended if:

  • We have refused to deliver the goods.

  • Delivery on time was essential, and we failed to meet the deadline.

  • You have specified a new, appropriate delivery period, and we have failed to deliver within that time.

If you end the contract, we will promptly return all payments made under it. If you were entitled to end the contract but do not, you can still cancel the order or reject delivered goods, and we will return all payments for those items. If goods have been delivered, you must return them to us or allow us to collect them; we will pay for the return costs.

If goods form a commercial unit, you cannot cancel or reject part of the order without cancelling or rejecting the entire unit.

We may deliver goods in instalments if we suffer a stock shortage or for another genuine reason, provided you are not liable for extra charges. If you or your nominee fails to accept delivery through no fault of ours, we may charge the reasonable costs of storing and redelivering them.

Goods become your responsibility once delivery is complete. You must examine the goods before accepting them if it is reasonably practicable to do so.

9. Risk and Title

Risk of damage or loss of any goods passes to you upon delivery. You do not own the goods until we have received full payment. If payment is overdue or you face bankruptcy, we can choose to cancel any delivery and end your right to use the goods still owned by us. In this case, you must return them or allow us to collect them.

10. Withdrawal and Cancellation

You can withdraw your order before the contract is made if you simply change your mind, and you will not incur any liability.

This is a distance contract, which gives you certain cancellation rights. These rights, however, do not apply to contracts for:

  • Goods made to your specific requirements or that are clearly personalised.

  • Goods that are likely to deteriorate or expire rapidly.

Right to Cancel

You can cancel this contract within 14 days without giving a reason, but any third-party subscription charges remain your responsibility.

The cancellation period expires 14 days after you, or a third party indicated by you, acquire physical possession of the last of the goods. For services only, the period expires 14 days after the contract is entered into. For subscriptions, the right to cancel is 14 days after the first delivery.

To cancel, you must inform us of your decision by a clear statement (e.g., a letter or email). You may use the model cancellation form provided, but it is not obligatory. You must be able to show clear evidence of when the cancellation was made. You can also submit a cancellation form or statement electronically on our PWA (WebApp). If you use this option, we will send you an acknowledgement of receipt without delay.

To meet the deadline, you must send your cancellation communication before the 14-day period has expired.

Commencement of Services in the Cancellation Period

We must not begin supplying a service before the end of the cancellation period unless you have made an express request for the service.

Effects of Cancellation

If you cancel this contract, we will reimburse all payments received from you, except for third-party subscription payments.

If a service is supplied during the cancellation period at your express request, you must pay an amount for the service provided. This amount will be in proportion to the full contract coverage and based on the total agreed price or the market value of the service supplied.

You will not bear any cost for services supplied during this period if they were not supplied in response to such an express request.

Deduction for Goods Supplied

We may make a deduction from the reimbursement for any loss in value of goods supplied if the loss is a result of unnecessary handling by you (i.e., handling beyond what would be reasonable in a shop). You are liable for this loss.

Timing of Reimbursement

If we have not offered to collect the goods, we will make the reimbursement without undue delay, and no later than: a. 14 days after we receive the goods back from you; or b. 14 days after you provide evidence that you have sent the goods back.

If we have offered to collect the goods, or if no goods were supplied (i.e., a contract for services only), we will make the reimbursement within 14 days of being informed of your decision to cancel.

We will use the same means of payment for the reimbursement as you used for the initial transaction unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.

Returning Goods

If you have received goods that are part of the cancelled contract, you must send or hand them over to us at our business address (listed in section 1) without delay, and no later than 14 days from the day you cancelled the contract. You will have to bear the cost of returning the goods.

11. Conformity and Guarantee

We have a legal duty to supply goods that conform to the contract. Upon delivery, the goods will:

  • Be of satisfactory quality.

  • Be reasonably fit for any particular purpose for which you buy them (provided you made this known to us and relied on our skill and judgement).

  • Conform to their description.

A failure to conform is not our responsibility if it originates from materials you provided.

We will supply the services with reasonable skill and care. We will also provide you with the benefit of any free manufacturer’s guarantee, which will not reduce your legal rights. We will provide product-specific after-sales support as detailed.

Anything we say or write about the services becomes a term of the contract if you take it into account when deciding to enter the contract or when making any decisions about the services after.

12. Duration, Termination, and Suspension

The contract continues for as long as it takes us to perform the services.

Either party may terminate the contract or suspend the services at any time by written notice if the other party: a. Commits a serious breach of the contract that cannot be fixed or is not fixed within 30 days of a written notice. b. Is subject to any step towards bankruptcy or liquidation.

Termination of the contract will not affect any of our respective remaining rights and liabilities.

13. Successors and Sub-Contractors

Either party can transfer the benefit of this contract to someone else, but will remain liable for their obligations. We are liable for the actions of any sub-contractors we choose to help us perform our duties.

14. Circumstances Beyond Control

In the event of a failure by a party due to something beyond its reasonable control, that party will:

  • Advise the other party as soon as is reasonably practicable.

  • Have its obligations suspended for as long as is reasonable.

The party will not be liable for any failure it could not reasonably avoid, but this will not affect your rights relating to delivery or cancellation.

15. Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation (GDPR). These Terms and Conditions should be read alongside our Privacy Policy and Cookies Policy.

We are a Data Controller of the personal data we process to provide our services and goods. We will comply with our obligations under Data Protection Laws, including:

  • Identifying the purpose for collecting personal data at the time of collection.

  • Only processing personal data for the identified purposes.

  • Respecting your rights in relation to your personal data.

  • Implementing technical and organisational measures to ensure your data is secure.

For any data privacy enquiries or complaints, please email: [email protected]

16. Excluding Liability

We do not exclude liability for:

  • Any fraudulent act or omission.

  • Death or personal injury caused by our negligence or a breach of our legal obligations.

Subject to the above, we are not liable for:

  • Loss that was not reasonably foreseeable to both parties when the contract was made.

  • Loss to your business, trade, craft, or profession, as we believe you are not buying the services and goods wholly or mainly for business purposes.

17. Governing Law, Jurisdiction, and Complaints

This 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, if you live in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.

We aim to avoid disputes and will handle complaints within 3 days.

Model Cancellation Form

To: Maltix Ltd VAT Number: GB 388448146 Company Number: 12091935 Winnington House, WINNINGTON LANE NORTHWICH, CHESHIRE, CW8 4DE England

I/We [ ] hereby give notice that I/We [ ] cancel my/our [ ] contract of sale of the following goods [ ] / for the supply of the following services [ ].

Ordered on [ ] / Received on [ ] Name of consumer(s) [ ] Address of consumer(s) [ ] Signature of consumer(s) (only if this form is notified on paper) [ ] Date [ ]

#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 

 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

VAT Number GB 388448146

Company Number 12091935

Winnington House,

WINNINGTON LANE

NORTHWICH

CHESHIRE

CW8 4DE

England

MAPS

Head Office telephone +4473901597

Contact form

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.

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