Portal Terms and Conditions

Please read this Agreement carefully. It represents the terms and conditions between You and Sainsbury's for the use of the Sainsbury’s Wholesale Order Placement Portal (the “Portal”).
For the purposes of these Terms and Conditions: “We”, “Our” and “Us” refers to Sainsbury’s Supermarkets Ltd while references to “You”, and “Your” refers to the Company accessing this website (including individuals who access this site on behalf of their Company); reference to “Material”, “Materials” or “Content” includes data, information and databases.
This Portal is provided to allow You to view availability of Our products and for You to transact business with Us. Commercial terms between You and Us are contained in a separate Contractual Agreement. You agree that neither the Content nor use of this Portal shall modify or amend the terms and conditions of any existing Agreement between Us.
We reserve the right, at Our absolute discretion, to update and/or revise these terms and conditions. We may change these terms and conditions at any time by updating them. You will be required to read and accept the new terms and conditions at next use to continue using this Portal.
You are permitted to use the Portal solely on the basis of these terms and conditions and You must accept them if You wish to use it. If You do not agree, You may not use the Portal. Your data will be used only in accordance with your existing Agreement with us.
If You have any queries relating to these terms and conditions or Portal please contact your Sainsbury’s Account Manager.
  1. Registration & Information Security
    1. Registration is restricted to businesses with whom We have a contractual relationship.
    2. We will provide You with a User Id prior to first use. To register You must enter Your User Id on Our Portal and choose a password. You must keep this password confidential. Do not disclose it to unauthorised users.
    3. You must ensure that any contact details shown on the Portal for Your business are correct and up to date. You must notify Us immediately in the event of any discrepancies or changes.
    4. You are responsible for any transactions on the Portal submitted using Your password. You may change Your password at any time. Where passwords are allocated to individual users, You must contact Us and request deactivation of their ID if they leave Your business.
    5. You agree that You will not loan, hire or otherwise allow any 3rd party to use Your registration details.
    6. We reserve the right to suspend Your use of the Portal if We suspect misuse.
    7. By Registering, You agree that We may contact You and serve notices to You via the Portal.
  2. Use of the Portal
    1. All Material, Materials and Content is Confidential Information.
    2. Your right to use the Portal is subject to any limits imposed by Us and any limits included in any Agreements with Us.
    3. Following registration You will be able to access the product catalogue available to You.
    4. We may restrict Your access to certain parts of the Portal. When using certain areas of the Portal You may be subject to additional terms and conditions.
    5. We will tell You about any restrictions or limits of the Portal and the steps You will need to take to process an order. If We vary the steps and restrictions to process an order We will send You an email, to the contact details provided by You detailing the changes. Your continued use of the Portal will signify Your acceptance of the changes.
    6. You are responsible for the accuracy of each order submitted via the Portal. An order submitted on the Portal is the equivalent of submitting a Pro-forma Order Form and will be treated by Us as an offer by You to contract with Us.
    7. You agree that You are authorised to provide the information You submit to the Portal. Individual users agree that they have authority to enter into an agreement with Us.
    8. We accept no responsibility for the accuracy, verification or completeness of information inputted, transmitted or transferred by You to the Portal.
    9. We will record all access to the Portal. By accessing or using the Portal You agree to such recording.
    10. You agree not to interrupt the Portal in any way, damage it or attempt to gain unauthorised access to any part of it.
    11. You agree You will not attempt to gain unauthorised access to Materials, or to access Materials through means not intentionally made available to You.
    12. You must not use the Portal in any unlawful manner or for any unlawful purpose.
    13. You must not use the Portal in a way that is incompatible with Our servers or the use of the Portal by others.
  3. Portal Access
    1. The Portal is provided on an ‘as is’ basis and access may be restricted by circumstances outside Our control, including, without limitation, atmospheric or other conditions. We may on occasion interrupt the service but will aim to restore it as quickly as possible. We may amend the Portal including without limitation, changing access codes, passwords or technical specifications.
    2. Your access to the Portal may temporarily be restricted for repairs, standard maintenance or the introduction of new Services. Access to the Portal will be restored as soon as possible.
    3. You agree that We have no control over any information transmitted or received by You outside the limits of this Agreement and We have no liability to You for such use. You accept that Sainsbury's cannot guarantee the security of the Portal against unlawful access or use or that the Portal will never be faulty.
    4. Our policy is to protect Our facilities and data from any risk which may result in computer error, negligent virus transmission, fraud, loss of confidentiality or disruption to the Portal including disruption to Our business process. By using the Service You agree to support and comply with this policy.
    5. You must not use the Portal:
      1. • For sending, forwarding, accessing or receiving pornographic, abusive, offensive, discriminatory, insulting, defamatory or otherwise inappropriate material;
      2. • To access information which You have no legitimate reason for accessing;
      3. • In a way that may interfere with Our provision of this Portal to You or any other customer or in contravention of the law.
      4. If We reasonably believe that You have misused the Service We may suspend Your access to it without notice to You.
    6. You are responsible for ensuring that You comply with all laws and regulations relating to Your use of the internet and the Portal.
  4. Termination
    1. We may terminate Your access to the Portal at any time.
    2. We may change the Portal in any way or delete features at any time and for any reason.
    3. We reserve the right to terminate the Portal at any time without notice.
    4. We reserve the right to terminate or suspend access to all or part of the Portal at any time and at Our sole discretion, with or without notice.
    5. Unless Portal registration is a condition of a contractual Agreement between Us and You, You may terminate Your Portal registration at any time.
  5. Third Party Links
    1. The Portal may contain links to third party websites or resources. We have no control over such websites and resources and You agree that links to third party websites are provided solely for Your convenience and that We are not responsible or liable for the content of those sites. If You decide to click through to any third party websites You do so entirely at Your own risk.
    2. You agree that Your dealings with third parties found through the Portal including terms, conditions, warranties or representations are solely between You and the third party.
    3. You may only link to this Portal with Our express written permission.
  6. Privacy
    1. Registration data and other information about You is subject to Our Privacy Policy. Our Privacy policy can be found at link. (opens in a new window/tab)
  7. Intellectual Property
    1. The content of the Portal, including software code and underlying data is protected by copyright, trademarks, database and other registered and unregistered intellectual property rights which are owned by Us or by Our licensors. You may retrieve and display the content of the Portal on Your computer or print one copy of the Materials for Your own commercial use. You may not otherwise reproduce, modify, alter, copy, transfer, distribute or use the Materials or Content without prior written permission from Us.
    2. If You provide feedback about the Portal, this information will not be treated as confidential and We may reproduce it or use it without limitation or liability to You.
  8. Indemnity
    1. You agree to indemnify and hold Us harmless from all liabilities, claims and expenses that arise from Your use or misuse of the Portal or from Your violation of the terms and conditions, including any breach by persons acting on Your behalf using Portal access information provided by You.
  9. Limitations of Liability
    1. The Portal is provided on an ‘as is’ basis, without warranties of any kind, either express or implied, including without limitation any implied warranties of satisfactory quality, or fitness for particular purpose or non-infringement. We will not be liable to You for any losses suffered or costs incurred because:
      1. a. You are unable to use the Portal for any reason;
      2. b. The Portal fails to work as expected or is defective and We have not corrected these errors including any incompatibility of the Portal with Your equipment or software;
      3. c. There is a reduced or failed Service provision by any third party operator including, without limitation, mobile operators or software providers.
    2. We assume no liability for any modification, suspension or discontinuance of the Portal.
    3. We exclude all liability, so far as is permitted by law, including, without limitation, direct, indirect or consequential loss or damages or any loss of profits, loss of revenue, business interruption, loss of data or otherwise resulting from the use of this Portal, whether based in contract or tort, product liability or otherwise.
    4. This does not include or limit in any way Our liability:
      1. a. For death or personal injury caused by Our negligence;
      2. b. For fraud or fraudulent misrepresentation;
      3. c. For any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.
  10. Events outside Our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control (Force Majeure Event).
    2. Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
      1. a. Strikes, lock-outs or other industrial action
      2. b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
      3. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
      4. d. Impossibility of the use of public or private telecommunications networks including mass telecommunication failures or denial of Service attacks.
      5. e. The acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our Service may be performed despite the Force Majeure Event.
  11. Waiver
    1. If We fail, at any time to insist upon strict performance of any of Your obligations or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled to this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
    2. A waiver by Us of any default shall not constitute a waiver of any subsequent default.
  12. Severability
    1. If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  13. Jurisdiction
    1. English law is the governing law of this Agreement. Where these terms and conditions are translated into languages other than English, in the event of any inconsistency or conflict the English language terms and conditions take precedence.
  14. Company details
    1. This Portal is owned and operated by Sainsbury's Supermarkets Ltd, registered number 3261722, a company registered in England and Wales whose registered office is at 33 Holborn, London EC1N 2HT.
    2. Vat no 660 4548 36