Terms & Conditions

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  These Terms of Use do not apply to the sale of Products. Please refer to our Terms and Conditions of Sale for more information.

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us

2.1 This site (My Vegan Artisan Box www.myveganartisanbox.com)  is owned and operated by Vegana Marketplace Limited., a company registered in England & Wales under Company number 12944885 and who’s registered address is at 29 Cowslip Hill, Letchworth Garden City, SG6 4HN, United Kingdom (the “Retailer”, “Website”, “Vendor”),  

2.2 Our main trading address is the same and via its website located at www.myveganartisanbox.com

2.3 We are promoters of an online Vegan Products store/ Marketplace/ Subscription Box.

2.4 Our site is intended for the use by persons aged over 18 years.

3. Access to Our Site

3.1 Access to and purchasing through Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Intellectual Property Rights

4.1 With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

4.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

4.3 You may:

4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

4.3.2 Download Our Site (or any part of it) for caching;

4.3.3 Print one copy of any page(s) from Our Site;

4.3.4 Download extracts from pages on Our Site; and

4.3.5 Save pages from Our Site for later and/or offline viewing.

4.4  Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

4.5  You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.

5. Links to Our Site & Content Submission

5.1 You may link to Our Site provided that:

5.1.1 you do so in a fair and legal manner;

5.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

5.1.3 you do not use any logos or trademarks displayed on Our Site without Our express written permission; and

5.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

5.2  You may not link to any page other than the homepage of Our Site. Deep linking to other pages requires Our express written permission.

5.3  Framing or embedding of Our Site on other websites is not permitted without Our express written permission

5.4  You may not link to Our Site from any other site the main content of which contains material that:

5.4.1   is sexually explicit; is obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age; is blasphemous to religion, is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person; is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

5.4.2 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;

5.4.3 implies any form of affiliation with Us where none exists;

5.4.4 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

5.4.5 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

6. Links to Other Sites

6.1 Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept any responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them. You should check the Terms of Use and Privacy/ Cookies Policy of any third-party sites we link to as they may not be the same as ours.

7. Liability and Disclaimers

7.1 We provide guidance regarding products commensurate with those in similar industries. However, nothing on Our Site constitutes actual advice on which you should rely. It is provided for information purposes only. If you are unsure whether our Services or Products meet your needs, professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

7.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date. Please note that this exception does not apply to specific description information concerning products for sale through Our Site.  Please refer to Our Terms and Conditions of Sale for more information.

7.4 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

7.5 If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

7.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

7.7 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

7.8  The limitations of liability included in this Clause 7.1–7.8 apply only to the use of Our Site and not to the sale of Products, which is governed separately by Our Terms and Conditions of Sale.

8. Viruses, Malware and Security

8.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

8.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

8.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

8.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

8.6  By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

9. Acceptable Usage Policy

9.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

9.1.1  you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

9.1.2  you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

9.1.3  you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

9.1.4  you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

9.2  When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

• is sexually explicit; is obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender (or no gender as self-identified), nationality, disability, sexual orientation, or age; is blasphemous to religion, is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person; is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
• misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
• implies any form of affiliation with Us where none exists;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
• is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

• We reserve the right to suspend or terminate your access to Our Site if    you materially breach the provisions of this these Terms of Use.             Specifically, We may take one or more of the following actions:
  •       suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
  •       remove any User Content submitted by you that violates this Acceptable Usage Policy;
  • issue you with a written warning;
  •       take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  • take further legal action against you as appropriate;
  • disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or any other actions which We deem reasonably appropriate (and lawful).
  • We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
• Privacy and Cookies

                        10.1     Use of Our Site is also governed by Our Cookie Policy and our Privacy Policy, available from the footer of our Homepage. These policies are incorporated into these Terms of Use by this reference

11 Changes to these Terms of Use

11.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after any of the changes have  been implemented. You are therefore advised to check this page from time to time.

11.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

12 Contacting Us

 12.1 To contact Us, please email Us at [email protected] or by using any of the methods provided on Our Contact Us page.

13 Communications from Us

• • If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such     notices may relate to matters including, but not limited to, service     changes, changes to these Terms of Use, Our Terms of Sale, and     changes to your Account.
  • We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any        Any and all marketing emails sent by Us include an unsubscribe   link. If you opt out of receiving emails from us at any time, it may take     up to 7 business days for Us to comply with your request.  During that     time, you may continue to receive emails from Us.
  • For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us by email shown in 12 above or using our Contact Us page.
  • 14 Data Protection
  • This paragraph outlines our compliance with GDPR and The Data Protection Act. We also adhere to other worldwide Data Regulations as outlined in our Data & Privacy Policy.
  • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under            the GDPR, as well as other international obligations.
  • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it,           details of your rights and how to exercise them, and personal data     sharing (where applicable), please refer to Our Privacy and Cookie          Policy available at the footer of our Homepage.
  • 15 Law and Jurisdiction
• • These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the Laws of England & Wales.
  • If you are a Consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be          subject to the exclusive  jurisdiction of the courts of England.
  • If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be          subject to the exclusive jurisdiction of the courts of England.