Acceptable Use Policy

1. Introduction

This Acceptable Use Policy (the "Policy") sets out the terms on which you may access and use the Capsules.com public website (the "Website") and the private customer portal at account.capsules.com (the "Portal", and together the "Services"). The Services are operated by CAPSULES DIRECT LTD, a company registered in England and Wales under company number 17362490, registered office Rowood House, 26 Murdock Road, Bicester, Oxfordshire, OX26 4PP, United Kingdom ("we", "us", "our").

Capsules.com supplies empty two-piece HPMC and gelatin capsules to trade customers such as manufacturers, contract packers and brand owners. The Services are for businesses and their authorised personnel. By accessing or using the Services you confirm that you are acting in the course of a business and that you accept and will comply with this Policy.

This Policy forms part of our Terms of Service and should be read with our Conditions of Sale, Privacy Policy and Cookie Policy. Where you access the Portal under a trade account, this Policy applies in addition to any account or supply agreement between us and your organisation. If this Policy conflicts with a signed supply agreement, the signed agreement prevails for the matters it covers.

2. Who this Policy applies to

This Policy applies to every person who accesses the Website and to every individual user granted access to the Portal under a company trade account. Where access is provided to your organisation, you are responsible for ensuring that each of your personnel who uses the Services complies with this Policy, and for their acts and omissions as if they were your own.

Portal access is granted at company level, with individual users created beneath each approved company. Each user must use their own credentials and must be authorised by your organisation to act on its behalf. Access is subject to our approval of your trade account application and may be varied, suspended or withdrawn in accordance with this Policy and our other terms.

3. General standards of use

You must use the Services only for lawful business purposes connected to evaluating, sourcing, ordering and administering empty capsule products and related documentation. You must comply with all applicable laws, including data protection law and any laws governing the products you manufacture or place on the market.

You must not use the Services in any way that breaches this Policy, that is unlawful or fraudulent, or that could damage, disable, overburden or impair the Services or interfere with any other user's use of them. You are responsible for ensuring that all information you provide to us through the Services is accurate, current and not misleading.

4. Prohibited uses

You must not use, or attempt to use, the Services for any of the following. The list is not exhaustive; conduct of a similar nature that undermines the security, integrity, lawful operation or intended business purpose of the Services is also prohibited.

• Unlawful activity. Using the Services in breach of any law, regulation or industry requirement, or to facilitate any unlawful act, including using our products or product documentation in connection with the manufacture or supply of products that are unlawful in the relevant market.
• Intellectual property infringement. Copying, reproducing, republishing, framing, scraping, harvesting or otherwise exploiting any part of the Services, our content, branding, product data, specifications or documentation in a way that infringes our or any third party's rights.
• Security circumvention. Attempting to gain unauthorised access to the Services, any server, system or database on which they are hosted, or any account, company record, order, invoice or document you are not authorised to access.
• Probing and testing. Probing, scanning or testing the vulnerability of the Services, or breaching or attempting to breach any authentication, access control or security measure, without our prior written authorisation.
• Scraping and automated access. Using any robot, spider, crawler, scraper or other automated means to access, monitor, copy or extract data from the Services, or placing an unreasonable load on our infrastructure, except for search engine indexing of the public Website where permitted by our robots directives.
• Reverse engineering. Decompiling, disassembling, reverse engineering or otherwise attempting to derive the source code, structure or underlying ideas of the Services, except to the extent the law prohibits this restriction.
• Credential sharing. Sharing, transferring, selling or disclosing your login credentials, sign-in links or single sign-on access, or allowing anyone who is not an authorised user of your organisation to access the Portal through your account.
• Malware. Uploading, transmitting or introducing any virus, trojan, worm, logic bomb, ransomware or other malicious or technologically harmful material.
• Misrepresenting identity or authority. Impersonating any person or organisation, misstating your affiliation, creating an account with false information, or claiming authority to act for a company, contact or trade account that you do not have.
• Misuse of documents. Altering, falsifying, redistributing or relying outside its intended purpose on any certificate of analysis, specification, regulatory document, batch traceability record, invoice, pricing or other document or data made available through the Portal.
• Disclosure of confidential pricing. Disclosing customer-specific catalogues, agreed pricing, quotes or hosted payment links to any third party, or using them for anything other than your organisation's own internal procurement.
• Interference with controls. Bypassing, disabling or interfering with any feature that restricts or controls access, or attempting to reach regions, accounts, price lists or documents outside the scope of your authorisation.
• Misuse of automated assistants. Attempting to manipulate any automated assistant we provide, to extract or alter its underlying instructions, to use it to obtain information or documents you are not authorised to access, or to use it to generate unlawful, infringing or misleading material.
• Unsolicited or unlawful communications. Using the Services to send unsolicited marketing or other communications in breach of applicable law, or to harvest contact details for that purpose.

5. Content and submission standards

These standards apply to any material you submit to or through the Services, including trade account application details, company and contact details, support messages, conversations with automated assistants, order requests, purchase order references, and any text, files or attachments you upload ("Submitted Content"). They apply to each part of any Submitted Content as well as to its whole.

Submitted Content must be accurate where it states facts, genuinely held where it states opinions, and lawful. It must relate to the legitimate business purpose for which the relevant feature is provided. You are solely responsible for Submitted Content and confirm that you have all rights and consents needed to submit it.

Submitted Content must not:

• be unlawful, defamatory, obscene, offensive, hateful, harassing, threatening or inflammatory;
• infringe any third party's intellectual property, confidentiality, privacy or other rights;
• contain personal data of any individual unless you are authorised to share it with us for the stated purpose and have a lawful basis for doing so;
• be deliberately false, misleading or designed to deceive, including false statements of company identity, authority or product requirements;
• contain any virus, malicious code or material intended to interfere with the Services or other users;
• promote, or seek documentation in support of, any unlawful product, end use or activity;
• constitute unsolicited advertising or promotional material.

We are not obliged to review or monitor Submitted Content, but we may do so, and we may remove, refuse or restrict any Submitted Content that we reasonably consider breaches this Policy, without notice. Removing Submitted Content does not limit any other remedy available to us.

6. Account security

You are responsible for keeping your access credentials confidential and for all activity under your account. You must keep your sign-in details, sign-in links and single sign-on access secure, must not allow others to use your account, and should use the Services only on devices and networks you reasonably believe to be secure.

You must tell us promptly at security@capsules.com if you become aware of, or reasonably suspect, any unauthorised access to or use of your account, any loss or compromise of credentials, or any other security breach affecting the Services. If we believe an account has been compromised we may suspend access and require you to reset your credentials before access is restored.

7. Availability and changes to the Services

We provide the Services on an "as available" basis and do not guarantee that the Services, or any content or document within them, will always be available, uninterrupted or error-free. We may suspend, withdraw or restrict all or part of the Services for business or operational reasons, including maintenance and security.

Information and documents in the Portal, including catalogues, pricing, lead times, despatch status, tracking and regulatory documents, may be updated from time to time. Rely only on the current version applicable to your account, and not on cached, exported or out-of-date copies, for compliance or commercial decisions.

8. Monitoring

We may monitor and record use of the Services, including access logs, security events and Portal activity, to operate the Services securely, detect and prevent misuse, comply with our legal obligations and protect our rights and those of our customers. Any processing of personal data in doing so is carried out in accordance with our Privacy Policy.

9. Suspension and termination for breach

If you breach, or we reasonably suspect you have breached, this Policy, we may take any action we consider appropriate and proportionate, including:

• immediate, temporary or permanent withdrawal of your right to use the Services;
• immediate, temporary or permanent removal of any Submitted Content;
• a warning to you or to your organisation's account administrator;
• suspension or closure of individual user accounts or of the company trade account;
• disclosure of relevant information to law enforcement authorities where we reasonably consider it necessary or are required to by law;
• legal proceedings against you or your organisation for reimbursement of all costs on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach;
• any other action we reasonably consider appropriate.

Where practicable we will give notice of suspension or termination, but we may act without prior notice where we consider it necessary to protect the security or integrity of the Services, to comply with law, or to protect us, our customers or third parties. Suspension or termination under this Policy does not affect rights or obligations that have already accrued, including obligations under any supply agreement or in respect of placed orders or issued invoices.

10. Reporting misuse

If you become aware of any use of the Services that breaches this Policy, including security concerns, suspected unauthorised access, misuse of documents, or content that does not meet our standards, please report it so that we can investigate.

Please include the date and time, the account or page concerned where known, and a description of what you observed. Please do not test or exploit a suspected vulnerability beyond what is needed to demonstrate it, and do not access, alter or download data that does not belong to your organisation.

11. Data protection

We process personal data in connection with the Services in accordance with UK GDPR, the Data Protection Act 2018 and our Privacy Policy. The Information Commissioner's Office is the UK supervisory authority. ICO registration: application C2059582, number to follow. Questions about personal data go to privacy@capsules.com.

12. Changes to this Policy

We may amend this Policy from time to time to reflect changes in the Services, our business, applicable law or good practice. The version published on the Website or in the Portal is the version that applies to your use of the Services at that time. Where changes are material we will take reasonable steps to bring them to the attention of account administrators, for example by notice in the Portal or email to the registered account contact. Continued use of the Services after a change takes effect constitutes acceptance of the amended Policy.

13. Governing law and jurisdiction

This Policy, its subject matter and its formation are governed by the laws of England and Wales. You and we agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Policy, subject to any non-excludable rights you may have under applicable law.

14. Contact

CAPSULES DIRECT LTD
Rowood House, 26 Murdock Road, Bicester, Oxfordshire, OX26 4PP, United Kingdom
Company number 17362490
VAT number GB530725510
General enquiries: sales@capsules.com
Security and misuse: security@capsules.com
Data protection: privacy@capsules.com