User Agreement Terms & Conditions
These Terms and Conditions incorporate our Privacy Policy and Community Terms and Conditions, Returns and Complaints Policy, and our Shipping and Delivery Policy, the Terms and Conditions relating to buyers, and the Terms and Conditions relating to sellers, and any other policies which are provided and/or apply to the website www. gourmetorigins.com and your use of it. You agree to these each and every time you view and use the website.
1 DEFINITIONS
“Website” means the Website and all contents at www.GourmetOrigins.com.
“user” or “you” means anyone using and/or visiting the Website for any purpose.
“Advertisers” means either any person or organisation who is advertising on the Website, including any “Pay click” users or any person or organisation who has entered into an agreement with us or who uses the Website in any similar way. Advertisers are subject to separate Advertiser’s Terms and Conditions.
“community” means the ability to review, leave feedback, participate by uploading, and any online community and accompanying forums on the Website.
“we” or “us” means Gourmet Origins Limited a Company registered in England and Wales, whose Registered Office is atC/O Waterfront Solicitors LLP, 5 The Leathermarket, Weston Street, London, SE1 3ER, Company Registration Number 07388191 and any of our employees, officers, directors, agents, subsidiaries and affiliates. VAT Registration Number 07522208. E-mail address info@gourmetorigins.com
“Associate” means any person or organisation with whom we are associated. This will include advertisers whose websites we appear on and any person or organisation who has a link, which we have approved, to the Website and third parties.
“upload onto the Website” means any submission or post, including any products or service for sale, in any format, including any post, content or anything whatsoever which subsequently appears and can be viewed on the Website. This includes taking part in any available feedback, review, discussion, forum etc.
“working days” means any day from Monday to Friday inclusive, from 9am to 5pm, but excludes all public holidays in England and Wales.
2 ACCEPTANCE
(1) By using this Organisation, the Website and any services or any type of registration, you confirm that you are aged 18 or over and that you have read, understood and agree to be bound by these User Terms and Conditions. Where you are using the Website or this Organisation in any way on behalf of another person or on behalf of an organisation, you confirm that you have the legal right to do so.
(2) Where the registration and/or use of the Website is on behalf of an organisation and other persons (for example employees) use the Website, the organisation specifically confirms that it takes full responsibility for that use and that the organisation, as well as the individuals, will be deemed to be the users for the purposes of these Terms and any subsequent action.
3 ACCOUNT, PASSWORD AND SECURITY
(1) Full use of the Website may require you to open an account and complete a registration process by providing certain information and registering a username and password. Each person or organisation may only register once and have one account. Your full use of the Website may only become valid once your registration has been approved by us and we reserve the right to refuse registration. You are solely responsible for maintaining the confidentiality of the username and password and for all use and activities under your account.
(2) You also specifically confirm that you will:-
(a) notify us immediately of any unauthorised use, including any unauthorised use of your registration/account with the Website or any other known or suspected breach of security.
(b) immediately report to us but also use reasonable efforts to immediately stop any misuse that is known or suspected by you.
(3) You may not in any way transfer your registration/account. You can not allow anyone else to use your account, nor can you use another person’s or organisation’s account at any time, without the express permission of the account holder.
(4) We will never be liable in any event for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.
4 WEB SITE USE
(1) Full use of this Website and contents of the Website may only be for registered users who are signed in and do not disable cookies. If you are not registered or disable cookies you may be able to view some of the Website, but may not be able to fully participate.
(2) Use of the Website is by licence only and you acknowledge and agree that all copyright, trademarks and all other Intellectual Property Rights in all materials and/or content made available as part of your use of this Website, shall remain at all times vested in us or our licensors.
(3) You acknowledge that all uploads, whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such upload content originated.
(4) The main role of the Website is as a venue/facilitator to allow people and organisations to upload onto the Website for other users to view, buy and sell products. We are not involved in the any sale or transaction between any seller and buyer. We therefore have no control over any product displayed or offered for sale. By using the Website you acknowledge this and agree that you use the Website entirely at your own risk.
(5) We are not responsible for any upload, and consequently products for sale. We do not control or endorse any upload and cannot guarantee the acceptability, safety, legality, accuracy, integrity or quality and you specifically acknowledge this. You understand that you can not assume that the offer, sale or purchase of any products on the Website is legal and valid.
(6) We will not be liable in any way for any upload or for any loss or damage of any kind resulting from the use of any upload, post or content on the Website and you agree to bear all risks associated with the use of any upload or content, including any reliance on the accuracy or completeness of such upload or content and agree that we have no liability whatsoever in this regard.
(7) It is always your sole responsibility to meet all of your obligations to others when using the Website.
(8) If you find other users’, associates’ or advertisers’ information to be inaccurate, deceptive, etc we encourage you to take this up with the user or advertiser involved.
(9) Any feedback, reviews, opinions, statements, ratings, recommendations, experiences, and other information and data on the Website are those of other users, including advertisers. We take no responsibility for checking or verifying such information, they do not form an endorsement, guarantee or warranty from us and you agree we have no liability in this regard.
(10) Use of any discount vouchers, codes, special offers, promotions or other “offers” which we make available from time to time, are subject to availability and only available at our sole discretion and subject to all conditions of compliance with such offer. Such offers can not be exchanged for cash and each offer can not be used in conjunction with any other offer. We reserve the right to change the Terms and Conditions of any such offer and can cancel or withdraw such offers at any time.
(11) To the extent that the law allows, all implied warranties, conditions or other terms (whether implied by statute or otherwise) are excluded. Furthermore, you hold us absolutely free of all liability and responsibility for any actions or results or adverse situations created as a direct or indirect result of any specific upload data or information shown on the Website.
5 SUPPLY OF WEBSITE
(1) Whilst we will use our reasonable endeavours to supply the Website by ensuring it is available on the internet, we shall not be responsible for any failure to provide the Website or any services, or for any unavailability. The Website is available on an “as is” and “when available” basis.
(2) We cannot guarantee that the services will be uninterrupted, secure or error-free. Particularly, there are inherent problems in the use of the internet and we will not be responsible for any interruption, losses or consequences whatsoever, including any tampering or hacking, nor for any browser crashes which may result in data loss whilst using our services.
(3) In addition we make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the Website. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs as a result of any e-mail attachment or document we send to you.
(4) We make every effort to ensure that anything displayed on our Website, including any content, is displayed as accurately as possible but can not be responsible for variations. What you see (particularly in so far as colours and shapes are concerned) depends on your monitor and settings and we can not guarantee that this will be accurate.
(5) We reserve the right to suspend the services where necessary and particularly, but not exclusively, for repair, maintenance or improvement.
6 THIRD PARTIES
The Website will include links etc to third parties, including those who also offer you services, (e.g. payment services, shipping, currency conversion). When you click on any links you may be forwarded to websites relating to third parties. We do not recommend, endorse nor have any control or responsibility over the third parties or any such websites. You are aware that you will enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreement. You specifically confirm that we can not be held liable in this regard.
7 YOUR RESPONSIBILITY
(1) (a) You confirm that any upload, data, information, materials or documents which you upload or pass to us have been checked by you as being accurate in fact and content and that anything uploaded and/or provided to us does not breach any copyright, intellectual property or any rights of any third party, whatsoever in nature, and is not contrary to any law.
(b) You also confirm that you are either the sole owner and holder of all rights in anything you upload to the Website, or that you have the express permission of any other person or organisation who holds any rights whatsoever to upload and use it in this way.
(c) You therefore specifically agree that we have no liability and furthermore you will indemnify us for any loss relating to any actual or alleged breach of this Clause.
(2) In addition to all the other clauses, you agree that you will solely be responsible for your use of the Website and any services and products provided to you and that you will use the Website and services legally and only for the purposes for which they are intended to be used.
(3) Furthermore, you agree that you will not misuse the services in any way, and specifically, although not exclusively, you:
(a) will not reproduce the Website nor any content or part thereof, unless you have our explicit written permission.
(b) will not use any harmful component, including but not limited to, virus, worm, Trojan horse, time bomb or any such code that could destroy and/or contaminate.
(c) will abide by any laws applicable to this Agreement or the operation of it.
(d) will not use in particular any material or content we deem to be harmful, illegal or offensive; cause any infringement of intellectual rights and copyright; or use the services for illegal purposes such as fraud or in any other crime. However, all and any misuse is included.
(4) You confirm that you will not interfere or attempt to interfere with the proper working of the Website nor any activities conducted on it, nor any part of the content.
8 UPLOADING ONTO THE WEBSITE
(1) All users specifically agree that they are both expressly and solely liable for anything which they upload onto the Website, or which they allow anyone to upload on their behalf and will not to abuse any such facility and will never use the Website in any way that could damage, disable, overburden or impair the Website or interfere with any other user’s use or enjoyment of the Website
(2) Users should only upload and/or sell anything which we deem acceptable onto the Website. Acceptable includes, but is not limited to, products or uploads which are fair, true and accurate and comply with all our policies. Uploads which are misleading, discriminatory or breach any law or other person’s or organisation’s rights, are unacceptable. All users specifically agree that anything they upload (or allow to be uploaded using their account/details) onto the Website, in any form:
(a) will be honest, accurate, not misleading or false and will not amount to any fraud or misrepresentation, and will not impersonate any person or entity for the purpose of misleading others.
(b) will not breach any copyright, intellectual property or the rights of any third party (including disclosing personal and/or confidential information) whatsoever in nature,
(c) will not, nor could not be perceived to be, defamatory, libellous, discriminatory (in any form), malicious, offensive, against public decency, nor abusive, offensive or obscene in either language or content nor incite such behaviour.
(d) will not otherwise harass or invade the privacy of any individual or organisation.
(e) will not contain any restricted or ‘password-only access’ page, or hidden pages or images (those not linked to or from another accessible page).
(f) will not, nor could not be perceived to be pornographic.
(g) will not do anything which reflects unfavourably on the goodwill and reputation of any of our associates, advertisers or other users.
(h) will not distribute or disseminate products, material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).
(i) will not incite, promote or instruct as to any conduct as described above or which promotes any breach of these User Terms and Conditions or any law and will not in any way be illegal or contrary to any law. This includes, but is not limited to, selling stolen or counterfeit products.
(3) We do not tolerate unsolicited commercial communications, any junk mail, chain letters, unsolicited mail such as Spam or other such similar conduct, commercial or otherwise, and you confirm that you will not engage in any such activity. URLs are allowed providing the link is relevant, useful and necessary.
(4) All users agree that they will not take any action nor fail to take action, as appropriate, that will in any way undermine any feedback system or sharing of reviews, experiences, opinions, statements, recommendations, and any information.
(5) All users agree that any upload onto the Website that they make can be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes, by us and any other person or organisation, without the user’s express permission and that it will not be subject to any copyright unless specifically marked as such by ©.
(6) All users understand that we reserve the right, where necessary, to inform the appropriate authorities (such as the police) if we deem any upload to breach any law or, as appropriate, our Terms and Conditions.
(7) All users specifically agree that we have no liability with respect to this and furthermore you will indemnify us for any loss.
9 SUPPORT
Unless we have a specific written agreement with you, use of the Website does not entitle you to any form of assistance or support.
10 USE & INTELLECTUAL PROPERTY
(1) The Website and all the basic content (including text, images, marks or trademarks and logos) with the exception of any feedback experiences, opinions, statements, recommendations, data and information uploaded on the Website by individual users and advertisers, is subject to copyright which belongs to us. This means that users can simply use the Website, but this does not convey to you any rights of ownership, nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between any website user, associate or advertiser and us.
(2) Specifically, all users agree that without our express agreement in writing specifically for that user, they will not breach any copyright in so far as information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically means you will not, nor will you assist any other person or organisation, as to either all or any part of material, content or otherwise, to download, copy, assign, transmit, publish, display (including in any way publicly display), use, reproduce, distribute, modify, make derivative works of or create Internet "links", frame, reverse engineer, to the Website or any part of it, without our express permission in writing, including use of our name and any copyrighted or trademarks content.
(3) We do not claim ownership of anything you upload onto the Website. However, by doing so you are granting us a licence and please refer to Clause 11.
11 LICENSE TO USE
When you upload anything onto the Website, the original ownership rights remain, but you do specifically agree that we have a non-exclusive, worldwide, and payment and royalty-free sub-licensable licence for the whole of any period to display the upload and to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your upload or any part thereof as necessary, solely for the purposes of displaying your upload and operating the Website. This Licence will be terminated when such content is entirely deleted from the Website. You also waive all moral rights you have in the content to the fullest extent permitted by law.
12 LIABILITY DISCLAIMER
(1) To the extent that the law allows, we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, or business interruption, however it arises, including out of negligence relating to or in any way connected to any use (unauthorised or otherwise), purchase or sale of products, errors, mistakes, accident, theft or fraud, destruction, or any part of the provision of the Website or these Terms and Conditions.
(2) In the unlikely event that you have any right, claim or action against:
(a) us, then your claim will be limited to the sum of £50
(b) any other user or advertiser arising from that user's/advertiser’s use of the Website, then you agree to pursue that right, claim or action independently of and without recourse to us. You specifically release us from all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with such right, claim or action and agree to completely indemnify us in respect of any such involvement.
13 BACKUP
(1) We always advise you to retain up to date copy/back-ups of any upload. It is not our responsibility to retain any back-up or copies.
(2) We can not accept any responsibility whatsoever and will not be liable for any losses, claims or damages which may arise because uploads have not/are not backed up.
14 PRIVACY & DATA PROTECTION
(1) Any data that we collect will be used and stored in accordance with current Data Protection legislation in England.
(2) Please specifically refer to our Privacy Policy which will explain our use of information including our use of cookies.
15 INDEMNITY
You specifically agree to completely indemnify us against all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of these Terms and Conditions or your use of the Website, including any upload submitted, posted or transmitted through the Website.
16 ASSIGNMENT
(1) The rights given or obligations and duties imposed on a user or advertiser cannot be transferred, sold, assigned, delegated, conveyed, rented, subcontracted or shared in any way by you and nobody else can benefit but you. A copy of these Terms and Conditions is admissible in the case of any dispute or in any proceedings.
(2) We reserve the right to transfer, sell, assign, delegate, convey, rent, subcontract or share all or any part of the rights, duties or obligations and provision of the Website.
17 QUERIES, COMPLAINTS, NOTICES & NOTICE AND TAKE DOWN POLICY
(1) Complaints about the products will be dealt with in accordance with our Returns Policy
(2) We aim to respond to any other complaints and queries within 7 days.
(3) We operate on a “notice and takedown” basis. If you have any complaints or objections to any Website upload and/or content whatsoever, or if you believe that anything infringes any right you hold, please contact us immediately by e-mail at info@gourmetorigins.com. Once this procedure has been followed, we will use our reasonable endeavours to remove illegal or otherwise improper content within what we deem to be a reasonable time period.
(3) Any other complaints must be addressed in writing to us at
Accelerator
35, Kingsland Road
E2 8AA London
(4) If any complaint may amount to a breach by us, then you must allow us 30 days to remedy that breach.
(5) Any Notices, including Notices at Clause 17(2) above, to which you have not received an acknowledgment within 7 working days, must be sent in writing to our Registered Office address using Royal Mail Special Delivery and will be deemed to have been received on the 4th working day after posting, provided that you have stamped verified proof of posting from Royal Mail.
18 CANCELLATION & SUSPENSION
(1) We reserve the right, without any liability, to terminate the Website or alter the Website and its contents without prior notice.
(2) Without limiting any other remedies, we may terminate, suspend or limit your use/registration/account at our absolute discretion, either with or without notice. This would occur particularly, where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any of the Terms and Conditions.
(3) We also reserve the right to cancel, take-down, delete or otherwise remove any advertisement or any upload, articles, feedback, experiences, opinions, statements, recommendations, ratings, and information provided by other users or advertisers or any links to other websites or other information which is made available through the Website, without giving reason and in our absolute discretion.
(4) If we do not act upon any breach immediately, you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.
(5) (a) You may terminate or cancel any registration without giving us prior notice. (b) However, you will still be responsible for fulfilling any obligations incurred whilst you were a registered user. This means that you must fulfil any purchase or sale. (c) In addition, where you have agreed to purchase an enhanced registration period which is subject to charge, then you are still responsible for payment for any charges due in relation to any minimum registration periods.
19 INVALIDITY
Each clause or any part at all of this Agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this Agreement be found to be unenforceable or invalid, it will not affect the enforceability or validity of the rest of this Agreement.
20 GENERALLY
(1) These Terms and Conditions supersede any and all prior representations, understandings and agreements between you and us.
(2) We reserve the right to update or amend these Terms and Conditions at any time. Such amendments take effect as soon as they appear on the Website and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. It is each user’s responsibility to read the User Terms and Conditions each and every time before using the Website. We will use our best endeavours to announce major changes that affect this website
21 SEVERANCE
Each clause or any part at all of these Terms and Conditions is to be regarded as independent of the others. This means that should any clause or any part at all of this Agreement be found to be unenforceable or invalid, it will not affect the enforceability or validity of the rest of these Terms and Conditions.
22 JURISDICTION
These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
