Terms & Conditions

A. INTRODUCTION

ASDA Surplus Swap is an online marketplace which allows Our suppliers to offer, sell and buy certain food products to each other. We do not have ownership or possession of anything listed or sold through ASDA Surplus Swap and We are not involved in the actual transaction between buyers and sellers. Any contract for the sale of goods is directly between the relevant buyer and seller and shall be subject to any terms agreed between those parties.

These terms and conditions (“Terms and Conditions”) set out the terms on which ASDA Stores Limited (“ASDA”, “We”, “Us”, “Our”) offers you access and governs your use of ASDA Surplus Swap. By accessing ASDA Surplus Swap you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please do not use ASDA Surplus Swap.

We may change these Terms and Conditions at any time without notice. It is your responsibility to review the Terms and Conditions each time you access ASDA Surplus Swap to ensure you are aware of the latest Terms and Conditions. Your use of ASDA Surplus Swap after a change has been made signifies your acceptance of the revised Terms and Conditions.

B. DISCLAIMER

All information relating to the quality, quantity, pricing and content of any goods sold through ASDA Surplus Swap is provided by Our suppliers and We have no control over and We do not guarantee the existence, quality, safety or legality of goods advertised; the truth or accuracy of users’ content, listings; the ability of sellers to sell goods; the ability of buyers to pay for goods; or that a buyer or seller will actually complete a transaction.

We have no rights or obligations under the terms of any contract of sale created in connection with your use of ASDA Surplus Swap and We hereby exclude, to the fullest extent permissible by law, any and all liability to you or to any third party in respect of any transactions undertaken in connection with your use of ASDA Surplus Swap.

C. YOUR USE OF ASDA SURPLUS SWAP

General Conditions

When using ASDA Surplus Swap you must:

  • comply at all times with all applicable laws and not breach any third party’s rights;

  • comply at all times with Our policies and instructions (including, but not limited to the Information Security Addendum) displayed at www.asdasupplier.com and/or communicated to you from time to time;

  • not sell any counterfeit goods or otherwise infringe the copyright, trademark or other rights of any third parties;

  • not manipulate the price of any goods detailed on ASDA Surplus Swap or interfere with any of Our other suppliers’ listings;

  • not post false, inaccurate, misleading, defamatory, or libellous content;

  • use the contact information of Our suppliers for any purpose other than in relation to a specific transaction undertaken in connection with ASDA Surplus Swap;

  • not distribute viruses or any other technologies that may harm ASDA, or the interests or property of Our suppliers;

  • not use any robot, spider, scraper or other automated means to access ASDA Surplus Swap.

  • not bypass Our robot exclusion headers, interfere with the working of ASDA Surplus Swap, or impose an unreasonable or disproportionately large load on Our infrastructure; and

  • not copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content from ASDA Surplus Swap without Our prior express written permission.

Conditions for Listing Goods for Sale

When listing goods for sale on ASDA Surplus Swap you agree that:

  • you are responsible for the accuracy, content and legality of the goods listed; and

  • your sale of any goods on ASDA Surplus Swap will be sold subject to the terms and conditions you agree with the relevant supplier.

Conditions for Purchasing Goods

When purchasing goods which have been made available for sale on ASDA Surplus Swap you agree that:

  • you are responsible for reading the full item listing before making any commitment to buy the relevant goods; and

  • your purchase of any goods which have been made available for sale on ASDA Surplus Swap will be sold subject to the terms and conditions you agree with the relevant supplier.

Content

When providing Us with content for ASDA Surplus Swap you grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the content (including without limitation, creating and using derivative works) and you authorise Us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. You waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against Us, Our sub-licensees or Our assignees.

Indemnity

You will indemnify Us and keep Us fully indemnified against all and any loss We may suffer (including reasonable legal costs) as a result of your breach, non compliance or default of your obligations under these Terms and Conditions, your improper use of the ASDA Surplus Swap or your breach of any applicable laws or rights of any third party.

D. AVAILABILITY

We cannot promise that ASDA Surplus Swap will be uninterrupted or free of errors, bugs or viruses and We will not be liable if, for any reason, ASDA Surplus Swap is unavailable at any time or for any computer virus or similar system issues. Access to ASDA Surplus Swap may be suspended at any time without prior notice being given.

E. COPYRIGHT

The copyright in the material contained in ASDA Surplus Swap belongs to ASDA. No person may copy, modify, transmit, distribute, display, reproduce, publish, license or create works from any part of this material or otherwise use it for any public or commercial use without Our prior express written permission. You may only view or print individual pages for your own personal use.

F. TRADEMARKS

The names, logos and images in ASDA Surplus Swap which identify Us, and Our products and services are proprietary marks of ASDA. Nothing contained in ASDA Surplus Swap shall be deemed to confer on any person any licence or right on the part of ASDA or any third party with respect to any such name, logo or image.

G. LINKS TO OTHER SITES

This site may contain hypertext links to other sites that enable users to leave this site and go directly to the linked site. The links are provided to assist users of ASDA Surplus Swap only and the inclusion of a link does not imply that We endorse or have approved the linked site. We do not control linked sites, and are not responsible or liable for their content or any link within such sites, or for any transmission received from any linked sites.

H. NO WARRANTIES OR LIABILITY

ASDA Surplus Swap and the information, images, materials and other content shown are provided without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded.

Without limitation to the foregoing, although We take care to ensure that the information, images, materials and other content provided on ASDA Surplus Swap are accurate, We give no warranties of any kind, express or implied, that they are accurate, complete or up to date. You should not rely on the information to make any decision or take any action. We will not accept any liability for the accuracy or completeness of the information contained in ASDA Surplus Swap or for any reliance placed by any person on the information.

In no circumstances will We be liable for any losses sustained and arising out of or in connection with use of ASDA Surplus Swap or any site accessed from ASDA Surplus Swap including, but not limited to, loss of profits, loss of data or loss of goodwill (whether direct or indirect) nor any economic, consequential, indirect or special loss.

I. SEVERANCE

If a court decides that part of these Terms and Conditions is not enforceable in law, that decision does not alter the enforceability of the rest of the Contract.

J. LAW

These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in relation to them shall, unless expressly agreed otherwise, be subject to the exclusive jurisdiction of the English courts.