| 1. |
TERMS AND CONDITIONS |
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1.1 |
You are reading a legal document which is the agreement between you, the Customer (whom we refer to
as "you", "your" or the "Customer" in this document) and us. We are mySupermarket Limited, Company No
5920495 registered in England with our registered office at Manchester House, 86 Princess Street, Manchester,
M1 6NG, England (and we refer to ourselves as "mySupermarket", "we" or "us" or "our" in this document).
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1.2 |
Please read this agreement carefully. By accessing or using this website or by using any facilities or
services made available through it, you are agreeing to the terms and conditions that appear below (all
of which are called the "Agreement"). This Agreement is made between you and us.
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1.3 |
These Terms and Conditions were most recently updated on Apr 15, 2008 (version 16).
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| 2. |
DEFINITIONS |
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2.1 |
In this Agreement, unless the context otherwise requires:
"back of pack" means the information that appears on the retail packaging of any goods or services;
"Health Information" means information as to ingredients (including as to fats, saturates, sugars, salt
and calories), nutritional information and allergies, displayed according to our Health Display Policy;
"Health Display Policy" means the rules (available here) that we use to display
information on the Website or as part of the Service, as to ingredients (including as to fats, saturates,
sugars, salt and calories), nutritional information and allergies;
"ipoints" means ipoints Limited, company number 3762049 registered in England with its registered office in August 2007
at Unit 2 Union Court Lofts, 20-22 Union Road, London, SW4 6JP (which registered office may be updated from time to time);
"ipoints Programme" means the rewards programme operated by ipoints from time to time;
"Service" means the services provided by mySupermarket via the Website (or via other electronic
communication from mySupermarket) whereby:
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| i) |
you may obtain information on the Supermarkets and the goods and services they offer;
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| ii) |
if you register with us for the Service and comply with the other registration requirements set out in this Agreement, you may get help to transact with the Supermarkets for the provision of those goods and services; and
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| iii) |
if you comply with the relevant registration requirements set out in this Agreement, you may potentially collect points for the ipoints Programme;
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and the provision of information regarding any of these;
"Software" means any proprietary software utilised by us to enable use of the Service;
"Supermarket" means any supermarket (or other provider of goods and/or services selected by mySupermarket
from time to time) who is listed on the Website, including (in alphabetical order), those supermarkets known
as Asda, Ocado, Sainsbury's and Tesco; and
"Website" means the mySupermarket website.
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2.2 |
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions
will be posted on-line. You may terminate this Agreement by written notice to us (by post or by email at
support@mySupermarket.co.uk) if you do not wish to be bound by such new
terms and conditions. However, continued use of the Service or the Website will be deemed to constitute
acceptance of the new terms and conditions.
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| 3. |
PROVISION OF THE SERVICE |
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Applicability of terms and conditions
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3.1 |
Use of the Service and the Website are each subject to the terms and conditions set out in this Agreement.
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Who can use the Website and the Service |
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3.2 |
Age: To use the Website and/or the Service (whether with or without registration) you must be 18 years of age or over.
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3.3 |
Place: The Website and the Service are directed solely at those who access the Website from
the United Kingdom. We make no representation that the Service (or any goods or services referred to
in the Website) are available or otherwise suitable for use outside of the United Kingdom. If you
choose to access the Website (or use the Service) from locations outside the United Kingdom,
you do so on your own initiative and are responsible for the consequences and for compliance with
all applicable laws.
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3.4 |
Scope: The Website and the Service are for your non-commercial, personal use only and must not be
used for business purposes.
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3.5 |
Prevention on use: We reserve the right to prevent you using the Website and the Service
(or any part of them).
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3.6 |
Equipment: The Service and use of the Website does not include the provision of a computer or other
necessary equipment to access the Website. To use the Website you will require Internet connectivity and
appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may
incur.
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Registration
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3.7 |
You do not need to register to use much of the functionality of the Website. However, registration for the
Service will give you access to the full functionality of the Website. We reserve the right to decline a new
registration (whether for the Service or for the ipoints Programme) or cancel registration at any time.
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Basic information about the Service and the Website
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3.8 |
The Service and the Website (with or without registration with us for the Service):
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| 3.8.1 |
is made available to you solely to communicate information to you about Supermarkets and goods
and services available at those Supermarkets;
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| 3.8.2 |
allows various types of comparisons to be made between Supermarkets and goods and services available
at those Supermarkets (including permitting you to obtain estimates from Supermarkets about the contents
of a trolley).
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3.9 |
If you register with us for the Service, then the Service additionally facilitates you
transacting and interacting with Supermarkets (provided you have also registered with
the relevant Supermarket). However, we will not be party to any such transactions
with Supermarkets. Also, all transactions and interactions with a Supermarket are
subject to the terms and conditions of that Supermarket and you must check that you
agree to (and you must then comply with) that Supermarket's terms and conditions
before entering into any transactions or interactions with those Supermarkets.
In particular (but not as an exhaustive list):
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| 3.9.1 |
we shall in no circumstances have any liability whatsoever in respect of any
such interaction or transaction;
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| 3.9.2 |
we shall in no circumstances have any liability for any act or omission of Supermarkets or any other
entity involved with the Supermarkets including any affiliate of the Supermarket (other than us);
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| 3.9.3 |
we will not be responsible for any loss, cost or damage incurred by any person
arising out of or in relation to the interaction or transaction or attempt to
enter into an interaction or transaction (including but not limited to failure
to transmit or deliver any goods or services);
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| 3.9.4 |
we will not be responsible to make the Service or Website compliant with the
terms and conditions of any Supermarket; if you use the Service or Website
you must use those parts of the Service or Website (and must use them in a way)
that ensures you comply with a Supermarket's terms and conditions. We are not
responsible to ensure that the functionality of the Service or Website
complies with a Supermarket's terms and conditions; and
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| 3.9.5 |
we shall in no circumstances have any liability whatsoever in respect of,
or arising out of. your (or any person's) reliance on or use of a Voucher
(as defined in Clause 3.41).
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3.10 |
You may not use the Service (or the Website) to send more than 7 trolleys in any period of 7 days.
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Comparisons, information and data used in the Service |
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3.11 |
When we compare goods and services (whether across different Supermarkets or within the same
Supermarket), although we try our best to compare any goods and services (such as guide prices,
Health Information, etc.) honestly and fairly, we are dependent on data sourced from outside
ourselves. Some of this data might, for example, come from "back of pack" information or
information obtained from the Supermarkets themselves . We do not warrant and we exclude
all liability in respect of the accuracy, completeness, fitness for purpose or legality of
any information accessed using the Service or accessed via the Website or otherwise
communicated to you (by email, by hard copy printout from the Website or otherwise).
You agree that sole responsibility for the accuracy, completeness, fitness for purpose
or legality of information relating to a Supermarket or information as to goods or services
(including Health Information) shall rest with the Supermarket (or manufacturer, if that
information is sourced from a manufacturer, such as that on 'back of pack') and that
ultimately if you buy from a Supermarket or decide to buy certain goods or services
rather than others (or at all), the responsibility for doing so is yours alone. |
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3.12 |
We will use reasonable endeavours to ensure that the information relating to goods and
services, the cost and details of such goods and services, the Health Information relating
to goods and services and the data on the Website and/or available through the Service is
updated regularly. However, you acknowledge that the guide prices, Health Information and
other information relating to good and services are not updated on a real time basis and
that it is your responsibility to verify actual prices and other details (including Health
Information) with the Supermarket. |
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3.13 |
We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being
notified of them. However, we do not guarantee that the Service or the Website will be free of faults
and we do not accept liability for any errors or omissions. In the event of a fault in the Service,
you should report it by email to: support@mySupermarket.com.
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3.14 |
Although comparisons between Supermarkets are made on the Website, once you decide to
interact or transact (which might or might not include booking a delivery slot) you
are taken by the Service onto the relevant Supermarket's website (i.e. to a website
separate to the Website). Please note that to use services provided on the relevant
Supermarket's website, you may be required to register as an authorised user on the
Supermarket's website. You must check that you agree to (and you must then comply
with) a Supermarket's terms and conditions before entering into any interactions
or transactions with that Supermarket. (We are not responsible to ensure that
the functionality of the Service or Website complies with a Supermarket's terms
and conditions.) |
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3.15 |
Please also note that the law places certain restrictions on transactions involving alcohol, and
accordingly alcohol must be either ordered by you/delivered by the Supermarket during normal licensing
hours. |
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Changes to prices and delivery slots |
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3.16 |
Please also note that: |
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| 3.16.1 |
the price of the goods or services are a guide price (and may change between the time you
make a comparison and the time of delivery); and |
| 3.16.2 |
the guide prices for goods and services do not include a Supermarket's charge for delivery. We
may display the delivery prices but they are not added to your guide price total. |
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3.17 |
Please also note that any delivery time slots indicated as being available are subject to a time lag
between your inputting your requested slot, the Service communicating with the Supermarket's website and
confirmation from the Supermarket's website that the delivery slot has been accepted or confirmed. You
may find therefore that a time that was free when the information was displayed is then not free by the
time you come to book that delivery slot. |
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Health Information |
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3.18 |
Please also note that for any goods and services, we may or may not display information as to ingredients
(including as to fats, saturates, sugars, salt and calories), nutritional information and allergies; but if
we do, these will be displayed according to the rules set out in our Health Display Policy.
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3.19 |
Where we use or display information as to: i) ingredients (including as to fats, saturates, sugars, salt and
calories), ii) nutritional information; and iii) allergies; as part of the Website or Service, it is because
we have extracted that information from "back of pack". However:
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| 3.19.1 |
we usually do not take all information available on "back of pack" but select elements of it for the purposes of providing the Health Information;
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| 3.19.2 |
we usually do not duplicate exactly the information from "back of pack" as to: i) ingredients (including as
to fats, saturates, sugars, salt and calories), ii) nutritional information; and iii) allergies; but we
process it according to our Health Display Policy, to allow fair comparison between goods and services;
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| 3.19.3 |
without prejudice to Clause 3.11, we exclude all liability in respect of the accuracy, completeness,
fitness for purpose or legality of that information;
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| 3.19.4 |
you should not rely on (and we do not warrant the accuracy of) that information as a complete and accurate
list of ingredients (including as to fats, saturates, sugars, salt and calories), nutritional information
or allergies.
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"Price Checker" alternatives, "Health Checker" alternatives and Equivalents |
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3.20 |
Please note that, during any part of the Service where the contents of your trolley
are 'checked' by us (incorporating our "Price Checker" and "Health Checker" parts of the Service), we may: |
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| 3.20.1 |
offer you alternative items of better value (meaning a lower price per unit) or of a lower price. These
alternative items are not automatically put into your trolley and you can decide whether to accept or
ignore those items; and/or |
| 3.20.2 |
offer you alternative items which are more healthy (meaning that the traffic
lights Health Information generally show a more healthy alternative on balance,
although some particular traffic light colours among the mix, may signal that
one or more aspects may be less healthy; however, on balance the traffic light
health signalling will be more healthy in our view and we bias our health
algorithm towards lower fat content. (See also our Health Display Policy
here to see more details of how we display relevant information).
These alternative items are not automatically put into your trolley and you can
decide whether to accept or ignore those items; and/or |
| 3.20.3 |
replace 'unavailable items'. These replacement items are automatically put into
your trolley and, although you may reject the automatically replaced item, you
will then have an item missing in your trolley. By 'unavailable items',
we mean: |
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| 3.20.3.1 |
Supermarket 'own brand' items that do not exist in alternative trolleys when you switch
Supermarkets; or
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| 3.20.3.2 |
any items (whether Supermarket 'own brand' items or not) that are out of stock in: i) an alternative
trolley when you switch Supermarkets; or ii) a saved trolley when you come back to that saved trolley
after a period of time.
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3.21 |
In any event, whether or not items are put into your trolley automatically, you always have the option
whether or not to buy such items. Our help files describe this in more detail.
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3.22 |
We identify the alternative offerings and replacements in Clause 3.20 using algorithms intended to offer an
honest comparison based on a number of factors related to each of the products, so that you get a close
match to the items you had originally selected. We try to exclude subjective factors and subjective
views where we can, so as to operate in accordance with honest practices and to retain our impartiality
to always offer an impartial alternative. However, although we operate in this manner, you may disagree
with our alternative offerings and replacements for a variety of reasons, not least because in the real
world, some people (including you!) may have subjective views. For example, you may always prefer one
particular brand of cola to another brand of cola; or one make of ice cream to another make of ice cream
– in which case you will not be happy with our alternative offerings and replacements. However, we assume
for the purpose of offering alternative offerings and replacements that no such personal preferences exist
(unless you have personalised your use of the Service to take account of your personal preferences). And
so (absent any such personalisation by you):
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| 3.22.1 |
through the functionality of our "Price Checker" for example, you may be offered one brand of cola in place of another
brand of cola – as long as that other brand is cheaper; or |
| 3.22.2 |
through the functionality of our "Health Checker" for example, you may be offered a particular brand of pizza over
another because it is more healthy (or at least - less unhealthy on balance) even
though you may prefer the taste of the more unhealthy one and even though both
pizzas are (in absolute terms) quite unhealthy! |
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3.23 |
You are always free to ignore alternatives suggested by our "Price Checker"
functionality and "Health Checker" functionality and to reject
automatically replaced equivalents for missing items. It is your responsibility to check that
the alternative offerings and replacements are acceptable to you. You must always satisfy
yourself that you are happy that you wish to transact with a Supermarket on the basis of
any alternative offerings and replacements after you have considered the matter and you
take full responsibility for this. Although this is relevant in all areas, it may be
particularly relevant for an alternative offering or replacement for (for example)
any medicinal goods for which you may choose to transact with a Supermarket.
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3.24 |
As we develop functionality in the Website and the Service, we may also offer alternatives
and replacements (of the kind we set out in Clause 3.20) throughout different parts of the Website
and Service too.
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Groupings |
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3.25 |
As part of the Service, you can choose to view goods and services based on different criteria (e.g.
alphabetically; by leading brand - which may mean by number of products offered by a brand or by popularity
on the Website; etc.). The criteria may change over time.
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3.26 |
We will try and display the goods and services based on your chosen criteria,
subject to the placement of Sponsored Items which may appear at any position we
choose.
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Sponsored items |
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3.27 |
During your use of the Service and the Website, we may display goods or services
which have been sponsored. We call these sponsored goods or services: "Sponsored
Items".
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3.28 |
We may place Sponsored Items in different locations on the Website and at different
points during use of the Service. These locations and points may change from time
to time - but we will always clearly mark which goods and services are sponsored,
so that it is clear to you which goods and services are sponsored and which are
not.
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3.29 |
You are free to select Sponsored Items or not as you see fit.
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ipoints Programme |
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3.30 |
As part of the Service, we may offer you the opportunity to participate in the ipoints
Programme whereby you receive a certain number of points (depending on the value of the total items
in the trolley) in respect of each trolley sent through by you to the Supermarket to complete that
shop at the Supermarket. This part of the Service is made available to you solely for your convenience
only and as a bonus. There is no cash value attributable to your actual or potential participation in
the ipoints Programme through us or the Website or Service. We shall not offer any cash equivalent for
any points awarded or not awarded in relation to the ipoints Programme. Irrespective of your registration
for the ipoints Programme, any points awarded within the ipoints Programme as a result of your use of the
Service or the Website shall be at our or ipoints' absolute discretion. Our decision on how many, if any,
points to award to you in respect of your participation in the ipoints Programme on or through the Website
shall be final.
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3.31 |
For more details of the likely points to be awarded by us for using the Website, please see further details
on the Website, as updated from time to time. If there is any conflict between the number of points or criteria
for allocation of points described through the Website or otherwise by us as against anything described elsewhere
(including on ipoints' own website) then the information provided by us for the points available for use of the
Service prevails.
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3.32 |
Except for potentially enabling you to collect points for the ipoints Programme, we will not be involved with any
other aspect of the ipoints Programme, including redeeming the points gained. Any issues that you may have over the
operation of the ipoints Programme shall be a matter solely between you and ipoints and your participation in the
ipoints Programme shall be subject to the separate terms and conditions of ipoints. You should check that you agree
to ipoints' terms and conditions before participating in the ipoints Programme. Specifically:
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| 3.32.1 |
we shall in no circumstances have any liability whatsoever in respect of your participation within the ipoints Programme;
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| 3.32.2 |
we shall in no circumstances have any liability for any act or omission of ipoints or any other entity involved with the ipoints
Programme including any affiliate (other than us); and
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| 3.32.3 |
we will not be responsible for any loss, cost or damage incurred by any person arising out of or in relation to any
transactions or attempt to enter into any transactions in relation to the ipoints Programme (including but not limited
to failure to transmit or deliver any goods or services).
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3.33 |
Although we try our best to provide information that is accurate, when referring to the ipoints Programme, we are dependent on
data provided by ipoints. We do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for
purpose or legality of any information accessed using the Service on or accessed via the Website or otherwise communicated to you
(by email, by hard copy printout from the Website or otherwise). You agree that sole responsibility for the accuracy, completeness,
fitness for purpose or legality of information relating to the ipoints Programme, and any goods or services available or provided
through the ipoints Programme shall rest with ipoints and that ultimately if you participate in the ipoints Programme the responsibility
for doing so is yours alone.
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3.34 |
We will use our reasonable endeavours to ensure that the information we provide relating to ipoints Programme and the data on
the Website is updated regularly. However, you acknowledge that this information is not updated on a real time basis and that it
is your responsibility to verify information concerning all aspects of the ipoints Programme (other than points available through
use of the Website) from ipoints or ipoints' website.
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3.35 |
In order to have the opportunity to participate in the ipoints Programme on or through the Website, you need to either
register for the ipoints Programme or sign-in for ipoints programme on or through the Website. This is further explained
in Clause 6 below.
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3.36 |
Please be aware that until you register or sign-in for participation in the ipoints Programme on or through the
Website for the first time, any points attributed by us to you in respect of the ipoints Programme may be erased and
lost forever. You should therefore register or sign-in for participation in the ipoints Programme as soon as possible.
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3.37 |
Once you register or sign-in for participation in the ipoints Programme on or through the Website for the first time,
you will automatically have the right to earn points under the ipoints Programme from that point onwards (subject to
anything else in the Agreement to the contrary, including the fact that any points will be awarded by us in our absolute
discretion) each time you send your trolley to a Supermarket for as long as our Website is available for ipoints Programme
members to obtain points within the ipoints Programme.
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3.38 |
Please be aware that there will be a time lag between when you send your trolley to a Supermarket and when the points
will appear in your account within the ipoints Programme. It will normally take at least seven days for the points to be
credited in your ipoints Programme account from when you send your trolley to a Supermarket.
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3.39 |
If we suspect a fraud by or on your behalf, we may share any relevant information about you with ipoints or any third party.
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3.40 |
Please be aware that your participation in certain other features within the Service, including the ability to replace
items at a lower price, may impact on the number of points you are able to collect for the ipoints Programme.
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Vouchers |
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3.41 |
As part of the Service and Website, we may present to you vouchers or coupons ("Vouchers")
which we understand have been issued by certain of the Supermarkets.
We obtain details of Vouchers from public domain sources. It is our understanding that
these Vouchers have been issued by applicable Supermarkets for use by the public and we
have obtained details of these Vouchers in good faith and we present them to you in good
faith. However, if you choose (or any person chooses) to rely on or to use these Vouchers
when transacting with Supermarkets (or otherwise) it is your responsibility to check
(whether under the terms and conditions of a relevant Supermarket or otherwise) that there
is no prohibition or restriction on use of any Voucher.
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3.42 |
We make no warranty that any Voucher will work as described or at all.
Please also see especially Clause 3.9.
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Other rules about use of the Service and the Website |
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3.43 |
We do not warrant that your use of the Service or the Website will be uninterrupted and we do not
warrant that any information (or messages) transmitted via the Service or the Website will be
transmitted accurately, reliably, in a timely manner or at all. |
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3.44 |
We do not give any warranty that the Service or the Website is free from viruses or anything else
which may have a harmful effect on any technology. |
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3.45 |
Also, although we will try to allow uninterrupted access to the Service and the Website, access
to the Service and the Website may be suspended, restricted or terminated at any time. |
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3.46 |
We reserve the right to change, modify, substitute, suspend or remove without notice any information
or service on the Website or forming part of the Service from time to time. Your access to the
Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the
introduction of new facilities or services. We will attempt to restore such access as soon as we
reasonably can. |
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3.47 |
We assume no responsibility for the content or services of any other websites or services to or from which the
Website or the Service has links (including, without limitation, relating to the ipoints Programme). |
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3.48 |
We may at any time withdraw any Supermarket (or any product or service of a Supermarket) from
the Service. |
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3.49 |
Without limitation, you undertake not to use or permit anyone else to use the Service or Website: |
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| 3.49.1 |
to send or receive any material which is grossly offensive, of an indecent, obscene or
menacing character, blasphemous or defamatory of any person, in contempt of court or in
breach of confidence, copyright, rights of personality, publicity or privacy or any other
third party rights;
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| 3.49.2 |
to cause annoyance, inconvenience or needless anxiety;
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| 3.49.3 |
to intercept or attempt to intercept any communications transmitted by way of a
telecommunications system; |
| 3.49.4 |
for a purpose other than which we have designed them or intended them to be used; |
| 3.49.5 |
for any fraudulent purpose (including without limitation accruing points within the
ipoints Programme without completing the shop with all items sent by you in your trolley
to the Supermarket); |
| 3.49.6 |
other than in conformance with accepted Internet practices and practices of
any connected networks; or |
| 3.49.7 |
in any way which is calculated to incite hatred against any ethnic, religious or any other
minority or is otherwise calculated to adversely affect any individual, group or entity. |
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3.50 |
We reserve the right to block access to and/or to edit or remove any material which in our
reasonable opinion may give rise to a breach of this Clause 3. |
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3.51 |
The following uses of the Service (and Website) are expressly prohibited and you undertake not
to do (or to permit anyone else to do) any of the following: |
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| 3.51.1 |
resale of the Service (or Website) without our prior written consent;
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| 3.51.2 |
furnishing false data including false names, addresses and contact details and fraudulent
use of credit/debit card numbers;
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| 3.51.3 |
attempting to circumvent mySupermarket's security or network including accessing data
not intended for you, logging into a server or account you are not expressly authorised to
access, or probing the security of other networks (such as running a port scan); |
| 3.51.4 |
accessing the Service (or Website) in such a way as to, or commit any act that would or does,
impose an unreasonable or disproportionately large load on our infrastructure; |
| 3.51.5 |
executing any form of network monitoring which will intercept data not intended for you; |
| 3.51.6 |
sending unsolicited mail messages, including the sending of "junk mail" or other advertising
material to individuals who did not specifically request such material. You are explicitly
prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial
advertising, promotional, or informational announcements, and political or religious tracts.
Such material may only be sent to those who have explicitly requested it. If a recipient asks
to stop receiving email of this nature, you may not send that person any further e-mail; |
| 3.51.7 |
creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or
not the recipient wishes to receive such mailings; |
| 3.51.8 |
malicious e-mail, including flooding a user or site with very large or numerous e-mails; |
| 3.51.9 |
entering into fraudulent interactions or transactions with Supermarkets (which
shall include entering into interactions or transactions purportedly on behalf
of a third party where you have no authority to bind that third party or you
are pretending to be a third party); |
| 3.51.10 |
using the Service or Website (or any relevant functionality of either of them)
in such a manner as to breach a Supermarket's terms and conditions of use for
that Supermarket's website or otherwise;
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| 3.51.11 |
committing a fraud on ipoints, by seeking to receive points within the ipoints Programme without completing the shop
with all items sent by you in your trolley to the Supermarket; and |
| 3.51.12 |
unauthorised use, or forging, of mail header information. |
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Software |
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3.52 |
We (or our licensors) grant you a non-exclusive, revocable, non-transferable licence to use the
Software through the Website for the purpose of using the Service. Using the Service and our Software
allows you to obtain information held on our Website or from the websites of third party providers.
When you use the Service, you may cause our Software to send a request to the third party providers for
information regarding goods and/or services. You acknowledge and agree that when you access and collect
information from the third party sites using our Software, you do so on your own behalf and that you have
not appointed us to act as your agent. We simply make our Service and Software available to you by which
you may access such third party sites. |
|
Breaking the rules |
|
3.53 |
If you use (or anyone other than you, with your permission uses) the Website or Service in
contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part). |
|
3.54 |
If we suspend the Service or Website, we may refuse to restore the Service or Website until
we receive an assurance from you, in a form we deem acceptable that there will be no further breach
of the provisions of this Agreement. |
|
3.55 |
If you break (or anyone other than you, with your connivance breaks) any of the rules in this Clause 3,
there may be a degradation in the quality and accuracy of information relating to goods, services,
prices and/or other information obtained via the Service (and/or Website) for which we are not
responsible to you. |
|
Your statutory rights |
|
3.56 |
As a consumer, nothing in this Agreement affects your non-excludable statutory rights. |
| 4. |
PAYMENT |
|
4.1 |
Use of the Website is currently free. However, mySupermarket reserves the right to charge you in the
future for certain services or impose charges for use of aspects of the Service or the Website that
were previously free. Please note that you will always be clearly notified of any applicable charges before
any such services can be selected or before any charges are levied. It follows that we do not, for
the moment, request or retain or have access to any details of your Supermarket loyalty cards and/or credit cards
and/or debit cards. In the event we charge for services in the future, we will then ask you for
such details. |
|
4.2 |
You are responsible for transmitting all payments due to Supermarkets on the terms agreed with the
relevant Supermarket and we shall have no responsibility for transmission of payments to a
Supermarket. |
|
4.3 |
You should note that certain Supermarkets will require details of your Supermarket loyalty cards and/or credit
cards and/or debit cards. We do not take or keep such records (except in a case where, in the
future, we would charge you for services, as detailed in Clause 4.1). |
| 5. |
YOUR OBLIGATIONS |
|
5.1 |
A Supermarket and other service providers (such as ipoints) will have their own applicable
terms and conditions, in relation to their own supply of their goods and services, and
you agree to (and shall) abide by those terms and conditions. The responsibility to do
so is yours alone and you must only use any functionality offered by the Service or Website
that does not put you in breach of those terms and conditions. You must also only use any
functionality offered by the Service or Website in such a manner that it does not put you
in breach of those terms and conditions. |
|
5.2 |
You warrant that all information provided on registration for the Service and for use of the ipoints Programme
and during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such
information about our part of the Service by updating the details in the 'My Account' section of the Website.
You agree to make any necessary changes to information relating to your participation in the ipoints Programme
to ipoints directly. You agree that our provision of registration or sign-in facilities on or through the Website
in respect of the ipoints Programme is merely for convenience in order to get you started to receive the benefits
of receiving points through the Website under the ipoints Programme as soon as possible. |
| 6. |
REGISTRATION |
|
Registration for the Service |
|
6.1 |
If you register for the Service: |
|
|
| 6.1.1 |
It enables us to send your trolley for you to your chosen Supermarket so that you can
complete your order directly with that Supermarket; and
|
| 6.1.2 |
It makes it easier for you to do your shopping in future because the Service will
keep a list of everything you have bought in the past (called 'Favourites').
|
|
|
6.2 |
To register for the Service you need to supply us with your name, postcode and email address. |
|
6.3 |
Once you register for the Service , we will allocate a password to you to enable you to better use the Service. You
must keep the password confidential and immediately notify us if any authorised third party
becomes aware of that password or if there is any unauthorised use of your e-mail address or any
breach of security known to you. You agree that any person to whom its user name or password is
disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the
Service and Website. Please note that you are entirely responsible if you do not maintain the
confidentiality of your password. |
|
Registration or Signing-In for the ipoints Programme |
|
6.4 |
If you register for the ipoints Programme on or through the Website: |
|
|
| 6.4.1 |
it enables you to start having points accrued through your use of
the Website from that point onwards sent by us to ipoints; and
|
| 6.4.2 |
it enables you to be a member of the ipoints Programme generally and
(subject to a time delay) have any other rewards made available by ipoints to
you from time to time as part of the ipoints Programme.
|
|
|
6.5 |
Registering for the ipoints Programme on or through the Website involves you giving to us your email address,
password for your participation in the ipoints Programme, first name, last name, address and postcode, and
confirmation that you have read and accepted ipoints' terms and conditions for the ipoints Programme.
We collect that information as ipoints' agent and pass it to ipoints. |
|
6.6 |
If you are already a member of the ipoints Programme other than registering for the ipoints Programme
on or through the Website, you will merely need to sign-in, which will involve you sending us your ipoints
Programme email and ipoints Programme password. We collect that information as ipoints' agent and pass it to ipoints. |
| 7. |
INTELLECTUAL PROPERTY RIGHTS |
|
7.1 |
All intellectual property rights (including all copyright, patents, trade marks, service marks, trade
names, designs (including the "look and feel" and other visual or non-literal elements) whether
registered or unregistered) in the Website and Service, (subject to Clause 7.4) information
content on the Website or accessed as part of the Service, any database operated by us,
Software and all the website design, text and graphics, and their selection and arrangement,
and all software compilations, underlying source code and Software (including applets and
scripts) shall remain our property (or that of our licensors). You shall not, and shall not
attempt to, obtain any title to any such intellectual property rights. All rights are reserved. |
|
7.2 |
None of the material listed in Clause 7.1 may be reproduced or redistributed without our prior written permission.
You may, however, retrieve and display the content of the Website on a computer screen, store such content in
electronic form on disk (but not on any server or other storage device connected to a network) or print one copy
of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and
proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any
of the materials or content on the Website without our permission. |
|
7.3 |
All rights (including goodwill and, where relevant, trade marks) in the mySupermarket and mySupermarket.co.uk name are owned by us (or our licensors).
Other product and company names mentioned on the Website are the trade marks or registered trade marks of their
respective owners. |
|
7.4 |
Title, ownership rights and intellectual property rights in and to the content accessed using
the Service is the property of the applicable content owner or Supermarket and may be protected by applicable
copyright or other law. The Agreement gives you no rights to such content. |
|
7.5 |
Subject to Clauses 7.6 and 7.7:
|
|
|
|
7.5.1 |
you retain ownership of any proprietary data or proprietary information you
submit to the Website or otherwise to us; and
|
|
7.5.2 |
for anything which you supply to us from whatever source (i.e. via email,
the Website or otherwise) (including, without limitation, testimonials about us)
you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use,
copy, modify, adapt, translate, publish and distribute world-wide any such material
- although this will not apply to any messages you send to us by way of private
correspondence if they are not testimonials. Please note that, for the avoidance
of doubt, we will not give details of your shopping baskets or "Favourites" to anyone
in a form where they are linked to you in any way at all - any data or statistics
we give out about shopping baskets or "Favourites" are always anonymised. We will
pass on to ipoints any data that you give to us in respect of your registration
or sign-in for the ipoints Programme on or through the Website, and we will also
pass on details to ipoints of how many points should be credited to your account
within the ipoints Programme, although we shall not pass on any data to ipoints
about the contents of your shopping basket itself.
|
|
|
7.6 |
We expressly reserve the rights to use, copy, modify, adapt, translate, publish
and distribute world-wide any testimonials you may provide to us about the Website,
the Services or us and we may use your first name and general location appended
to the testimonial.
|
|
7.7 |
All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to
us by you or in response to solicitations by us regarding the Service or the Website (each being 'Ideas')
shall be deemed and shall remain our property. You understand and acknowledge that we have both internal
resources and other external resources which may have developed or may in the future develop ideas
identical to or similar to Ideas and that we are only willing to consider Ideas on these terms.
In any event, any Ideas are not submitted in confidence and we assume no obligation, express
or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter
existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted
use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the
provider of the Ideas. |
| 8. |
TERMINATION |
|
8.1 |
We shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii)
suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or
Website for persons we believe to be connected (in whatever manner) to you; and/or iv)
terminate this Agreement immediately if: |
|
|
| 8.1.1 |
you commit any breach of these terms;
|
| 8.1.2 |
we suspect, on reasonable grounds, that you have, might or will commit a breach of these
terms; or
|
| 8.1.3 |
we suspect, on reasonable grounds, that you may have committed or be committing
any fraud against us, any Supermarket, ipoints or any person.
|
|
|
8.2 |
Our right to terminate this Agreement shall not prejudice any other right or remedy we may have
in respect of any breach or any rights, obligations or liabilities accrued prior to termination. |
| 9. |
INDEMNITY |
|
9.1 |
You shall indemnify us against each loss, liability or cost incurred by us arising out of: |
|
|
| 9.1.1 |
any claims or legal proceedings arising from your use of the Service or Website or use
of the Service or Website through your password, which are brought or threatened against
us by any person; or
|
| 9.1.2 |
any breach of this Agreement by you.
|
|
| 10. |
LIMITATION OF LIABILITY |
|
10.1 |
This Clause 10 prevails over all other Clauses and sets forth our entire Liability, and your sole
and exclusive remedies in respect of: |
|
|
| 10.1.1 |
the performance, non-performance, purported performance or delay in performance of
this Agreement or the Service or Website (or any part of it or them); or
|
| 10.1.2 |
otherwise in relation to this Agreement or the entering into or performance of this
Agreement.
|
|
|
10.2 |
Nothing in this Agreement shall exclude or limit our Liability for (i) the tort of deceit; (ii)
death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied
by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other
Liability which cannot be excluded or limited by applicable law. |
|
10.3 |
In performing any obligation under this Agreement, our only duty is to exercise reasonable
care and skill. |
|
10.4 |
We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness
for purpose or legality of any information accessed using the Service or Website; and we exclude
all liability of any kind for the transmission or the reception of or the failure to transmit or
to receive any material of whatever nature. |
|
10.5 |
We do not warrant that use of any functionality of the Service or Website complies with
any Supermarket's terms and conditions and we exclude all Liability in respect of your
use of any functionality of the Service or Website which may put you in breach of those
terms and conditions. |
|
10.6 |
Save as provided in Clause 10.2 but subject to Clause 10.7, we do not accept and hereby exclude
any Liability for loss of or damage to your (or any person's) tangible property other than that
caused by our Breach of Duty. |
|
10.7 |
Save as provided in Clause 10.2 but subject to Clauses 10.6 and 10.9, our Liability for loss of
or damage to your (or another person's) tangible property caused by us, our employees, subcontractors
or agents acting within the course of their employment during the performance of this Agreement,
shall not exceed £10. Neither corruption of data nor loss of data shall constitute physical damage
to property for the purposes of this Clause 10.7. |
|
10.8 |
Save as provided in Clauses 10.2 and 10.6, we do not accept and hereby exclude any Liability for
Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement. |
|
10.9 |
Save as provided in Clause 10.2, we shall have no Liability for: |
|
|
| 10.9.1 |
loss of revenue;
|
| 10.9.2 |
loss of actual or anticipated profits;
|
| 10.9.3 |
loss of contracts;
|
| 10.9.4 |
loss of the use of money;
|
| 10.9.5 |
loss of anticipated savings;
|
| 10.9.6 |
loss of business;
|
| 10.9.7 |
loss of opportunity;
|
| 10.9.8 |
loss of goodwill;
|
| 10.9.9 |
loss of reputation;
|
| 10.9.10 |
loss of, damage to or corruption of data; or
|
| 10.9.11 |
any indirect or consequential loss;
|
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the
avoidance of doubt, Clauses 10.9.1 to 10.9.10 apply whether such losses are direct, indirect,
consequential or otherwise.
|
|
10.10 |
Save as provided in Clause 10.2, our total Liability to you or any third party shall in no
circumstances exceed, in aggregate, a sum equal to the greater of: a) £10; or b) 110% of any
aggregate amount paid by you to us in the 12 months preceding any cause of action arising. |
|
10.11 |
The limitation of Liability under Clause 10.10 has effect in relation both to any Liability
expressly provided for under this Agreement and to any Liability arising by reason of the
invalidity or unenforceability of any term of this Agreement. |
|
10.12 |
In this Clause 10: |
|
|
| 10.12.1 |
'Liability' means liability in or for breach of contract, Breach of Duty, misrepresentation
, restitution or any other cause of action whatsoever relating to or arising under or in
connection with this Agreement, including, without limitation, liability expressly provided
for under this Agreement or arising by reason of the invalidity or unenforceability of any
term of this Agreement (and for the purposes of this definition, all references to
'this Agreement' shall be deemed to include any collateral contract); and
|
| 10.12.2 |
'Breach of Duty' means the breach of any (i) obligation arising from the express or
implied terms of a contract to take reasonable care or exercise reasonable skill in
the performance of the contract or (ii) common law duty to take reasonable care or exercise
reasonable skill (but not any stricter duty).
|
|
| 11. |
DATA PROTECTION |
|
11.1 |
Please see our Privacy Policy here which forms part of this Agreement. |
| 12. |
ADVERTISEMENTS |
|
12.1 |
We may place advertisements in different locations on the Website and at different points
during use of the Service. These locations and points may change from time to time - but we
will always clearly mark which goods and services are advertisements (i.e. from persons
other than us), so that it is clear to you which goods and services are provided on an
objective basis and which are not (i.e. the advertisements).
|
|
12.2 |
You are free to select or click on advertised goods and services or not as you see fit.
|
|
12.3 |
Advertisements displayed on the Website may include Sponsored Items (see
Clauses 3.27, 3.28 and 3.29).
|
|
|
12.4 |
Any advertisements may be delivered on our behalf by a third party advertising company.
|
|
|
12.5 |
No personal data (for example your name, address, email address or telephone number) will be
used during the course of serving our advertising, but, on our behalf, our third-party advertiser or affiliate (including ipoints) may
place or recognise a unique "cookie" on your browser (see our Privacy Policy
here about
this). This cookie will not collect personal data about you nor is it linked to any personal data
about you. If you would like more information about this practice and to know your choices about
not having this information used by any company,
see our Privacy Policy here
about this which you can click on for more information. |
| 13. |
GENERAL |
|
13.1 |
Interpretation: In this Agreement: |
|
|
| 13.1.1 |
words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated
associations of persons;
|
| 13.1.2 |
clause headings are purely for ease of reference and do not form part of or affect
the interpretation of this Agreement; and
|
| 13.1.3 |
references to 'include' and 'including' shall be deemed to mean respectively
'include(s) without limitation' and 'including without limitation'.
|
|
|
13.2 |
No partnership/agency: Nothing in this Agreement shall be construed to create a joint
venture, partnership or agency relationship between you and us and neither party shall have
the right or authority to incur any liability debt or cost or enter into any contracts or
other arrangements in the name of or on behalf of the other. |
|
13.3 |
No other terms: Except as expressly stated in this Agreement, all warranties, conditions
and other terms, whether express or implied, by statute, common law or otherwise are hereby
excluded to the fullest extent permitted by law. |
|
13.4 |
Assignment: You may not assign or delegate or otherwise deal with all or any of your rights
or obligations under this Agreement. We shall have the right to assign or otherwise delegate all
or any of our rights or obligations under this Agreement to any person. |
|
13.5 |
Force majeure: We shall not be liable for any breach of our obligations under this Agreement
where we are hindered or prevented from carrying out our obligations by any cause outside our
reasonable control, including by lightning, fire, flood, extremely severe weather, strike,
lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of
any telecommunications or computer system, compliance with any law, accident (or by any damage
caused by any of such events). |
|
13.6 |
Entire agreement: This Agreement (and our Privacy Policy
here and our
Health Display Policy here) contains
all the terms agreed between the parties regarding its subject matter and supersedes and excludes any
prior agreement, understanding or arrangement between the parties, whether oral or in writing. No
representation, undertaking or promise shall be taken to have been given or be implied from anything
said or written in negotiations between the parties prior to this Agreement except as expressly
stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement
made by the other upon which that party relied in entering into this Agreement (unless such untrue
statement was made fraudulently or was as to a matter fundamental to a party's ability to
perform this Agreement) and that party's only remedies shall be for breach of contract as
provided in this Agreement. However, the Service is provided to you under our operating rules,
policies, and procedures as published from time to time on the Website. |
|
13.7 |
No waiver: No waiver by us of any default of yours under this Agreement shall operate or
be construed as a waiver by us of any future defaults, whether or a like or different character.
No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge
or otherwise affect your liability under this Agreement. |
|
13.8 |
Severability: If any provision of this Agreement is held to be unlawful, invalid or
unenforceable, that provision shall be deemed severed and where capable the validity and
enforceability of the remaining provisions of this agreement shall not be affected. |
|
13.9 |
Notices: Unless otherwise stated within this Agreement, notices to be given to either party
shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending
a notice to us for the purpose of legal process) sent by fax or pre-paid post to the Customer at the
address supplied to mySupermarket.com or to mySupermarket.com at its address as specified on the
Website. |
|
13.10 |
No third party rights: Unless expressly provided in this agreement, no term of this agreement is
enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party
to it. |
|
13.11 |
Survival: The provisions of Clauses 1, 2, 4, 5, 7, 8, 9, 10 and 13, together with those
provisions that either are expressed to survive its expiry or termination or from their nature
or context it is contemplated that they are to survive such termination, shall survive termination
of the Agreement. |
|
13.12 |
Governing law: This Agreement shall be governed by and construed in accordance with English
law and both parties hereby submit to the exclusive jurisdiction of the courts of England. |
| 14. |
WHO WE ARE - SO YOU DON'T FORGET! |
|
14.1 |
The Website and the Service is owned and operated by mySupermarket Ltd, a company registered in England
and Wales whose registered office is at Manchester House, 86 Princess Street, Manchester,
M1 6NG, England. If you have any queries please contact Customer Services at
support@mySupermarket.co.uk.
Our Company Registration No. is 5920495. |