1.
INTRODUCTION
1.1.
This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods and services (the ‘Products’) listed on this website (the ‘Website’) to you.
1.2.
Before confirming your order please:
1.2.1.
Read through these terms and conditions (the ‘Conditions’) and in particular our cancellations and returns policy at clause 12 and limitation of our liability and your indemnity at clause 16
1.2.2.
Read our privacy policy regarding your personal information.
1.3.
By ordering any of the Products listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4.
We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2.
ABOUT US
2.1.
This Website is owned and operated by United Flow Limited (‘we’/'us’/'our’), a limited company (trading as The Goodness Project), registered in England and Wales under company number: 8408252 having our registered address at Unit 4, Orbital Industrial Estate, Horton Road, London, UB7 8JL. VAT Registration No: GB 221001394
3.
ACCESS AND COMMUNICATIONS
3.1.
You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
3.1.1
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
3.1.2
We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
3.1.3
Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
3.2.
You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2.1
We will contact you by email or provide you with information by posting notices on our Website.
4.
OVERSEAS ORDERS
4.1.
We accept orders for goods from individuals located outside the United Kingdom.
5.
REGISTRATION
5.1.
When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
5.2.
By entering and / or registering on the Website you undertake:
5.2.1.
That all the details you provide to us for the purpose of registering on the Website and purchasing the Products are true, accurate, current and complete in all respects
5.2.2.
To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3.
That you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the Products from this Website in conjunction with and under their supervision
5.2.4.
To only use the Website using your own username and password
5.2.5.
To make every effort to keep your password safe
5.2.6.
Not to disclose your password to anyone
5.2.7.
To change your password immediately upon discovering that it has been compromised
5.2.8.
To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
5.3.
You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
5.4.
We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
5.4.1.
You fail to make any payment to us when due
5.4.2.
You breach these Conditions (repeatedly or otherwise)
5.4.3.
You are impersonating any other person or entity
5.4.4.
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5.4.5.
We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
6.
ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1.
To be eligible to purchase the Products on this Website and lawfully enter into and form contracts with us, you must:
6.1.1.
Be 18 years of age or over
6.1.2.
Be legally capable of entering into a binding contract
6.1.3.
Provide full details of an address for delivery of goods and, if purchasing services, an address
6.2.
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7.
PRICE
7.1.
The prices of the Products are quoted on the Website.
7.2.
Prices quoted are for delivery (in the case of goods) and for performance (in the case of services) unless otherwise specified.
7.3.
Unless otherwise stated, the prices quoted include delivery costs (in the case of goods) and include VAT.
7.4.
We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Products to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery of the goods and/or we have commenced providing the services.
8.
PAYMENT
8.1.
Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form.
8.2.
By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
8.3.
Payment will be debited and cleared from your account before the dispatch of the goods or provision of the service to you.
8.4.
When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
8.5.
By accepting these Conditions you:
8.5.1.
Undertake that all the details you provide to us for the purpose of purchasing the Products are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered
8.5.2.
Undertake that any and all Products ordered by you are for your own private or domestic use only and not for resale
8.5.3.
Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
8.6.
We shall contact you should any problems occur with the authorisation of your card.
8.7.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
9.
ORDER PROCESS AND FORMATION OF A CONTRACT
9.1.
All orders are subject to acceptance and availability. If any Product ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary. We reserve the right to replace any out-of-stock item from a hamper/gift box with a similar item of equal or higher value.
9.2.
Any order placed by you constitutes an offer to purchase the Products from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
9.3.
You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.4.
You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Products ordered by you from the Website.
9.5.
A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the goods and/or shall be providing the requested service. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to buy the Products from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
9.6.
Where we agree to supply Products to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the ‘Minimum Duration’). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.
9.7.
The Contract will relate only to the Products stated in the Confirmation Notice. We will not be obliged to supply any other Products which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
9.8.
You must check that the details contained in the Confirmation Notice are correct and you save and keep a copy of it.
9.9.
You will be subject to the version of our policies and Conditions in force at the time that you order the Products from us, unless:
9.9.1.
Any change to those policies or these Conditions is required to be made by law or governmental authority
9.9.2.
We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
10.
DELIVERY
10.1.
The Products will be delivered to you at the delivery address you provided during the order process. You may change this address before dispatch by emailing us at hello@thegoodnessproject.co.uk with the new/correct address.
10.2.
We employ professional carriers. Nevertheless, you must examine the goods on arrival. If you are asked for your signature on delivery, you must examine the goods before signing for it.
10.3.
All goods must be signed for by an adult aged 18 years or over on delivery.
10.4.
Any dates quoted for delivering the goods and/or completing performance of the service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
10.5.
All our delivery dates are estimates and we cannot guarantee specific deadlines, except for Guaranteed Delivery. Delivery delays caused by Royal Mail (or any subsequent courier used by them in order to fulfill their delivery obligations) are outside of our control and we are therefore unable to accept accountability or offer a refund.
10.6.
All attempts will be made to deliver to the address and postcode as you have entered it. We are unable to accept liability for late or failed delivery due to incorrect or inaccurate information. Please ensure all address details are accurate and correct to ensure prompt delivery.
10.7.
For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavor to dispatch all goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th of December.
10.8.
If an order is returned to us as a result of either an incorrect address, refusal to accept the delivery or failure to acknowledge cards left by delivery companies, the customer will be responsible for any additional redelivery costs incurred or we can issue a full refund excluding the original delivery cost once we have received the goods back. We reserve the right not to contact you in case of a returned order.
11.
RISK AND TITLE
11.1.
The goods will be at your risk from the time of delivery.
11.2.
Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery (in the case of goods).
12.
CANCELLATION AND REFUND
12.1.
Cancelling ongoing services
12.1.1.
Some of the services that we provide are available for either a fixed period (3 and 6 month pre-paid subscriptions) or unspecified period of time (such as our Monthly subscription). In this clause these services are referred to respectively as ‘Ongoing Fixed Term Services’ and ‘Ongoing Non-Fixed Term Services’.
12.1.2.
Although you may notify us of your intention to cancel an Ongoing Non-Fixed Term Services at any time, such notice can only take effect after the Minimum Duration (one month) has elapsed. You may cancel the Ongoing Non-Fixed Term Services anytime after the Minimum Duration has passed by logging in to your Account and cancelling it online or sending an email to hello@thegoodnessproject.co.uk. Your cancellation email must quote your name, address, the name or a description of the Products and your order reference number.
12.1.3.
If you cancel the Ongoing Fixed Term Services you will continue to receive the goods until the pre-paid Fixed Term period ends. You can stop receiving the goods by sending us an email to hello@thegoodnessproject.co.uk, however no refund will be processed. Your email must quote your name, address, the name or a description of the Products and your order reference number.
12.1.4.
You must give us a cancellation notice 1 day before your next renewal is due. If we receive the cancellation notice after your renewal order has been created, the cancellation of Ongoing Services will come into action the following month.
12.1.5.
You may cancel or amend an order at any time before it has been processed for shipping.
Damaged, faulty or wrongly delivered goods
12.2.1.
We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost of returning the goods to us, provided that you return the goods to us and the conditions set out in paragraph 12.5.2. are met. We must also be reasonably satisfied that:
12.2.1.1.
the goods have not suffered damage after delivery;
12.2.1.2.
the goods have not been misused or used other than in accordance with the instructions; and
12.2.1.3.
the problem is not due to normal wear and tear.
12.1.4.
You must give us a cancellation notice one day before your Renewal order. If we receive the cancellation notice after your Renewal order, the cancellation of Ongoing Services will come into action the following month.
12.2.2.
In addition to the requirements of paragraph 12.5.1, the goods in terms of which you are claiming a refund must have:
12.2.2.1.
been damaged on delivery;
12.2.2.2.
been delivered in a faulty condition;
12.2.2.3.
have been delivered to you in error.
12.2.3.
Alternatively, at our option, instead of a refund (and subject to returning the goods as required under this clause) we will replace the goods with the same or a similar product (subject to stock availability).
12.2.4.
Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price.
12.2.5.
In order to claim a refund or replacement item please send us a notice as soon as you become aware of a problem and no later than 7 working days after receipt or the fault developing by email to hello@thegoodnessproject.co.uk. Your notice must quote your name, address, the name or a description of the goods, a brief description and photograph of the problem, fault or damage and your order reference number.
12.2.6.
Upon receiving your notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us.
12.2.
Incorrectly priced or described Products
12.3.1.
Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Products to you.
12.3.2.
If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 7 days of sending you notification (whether or not you receive it), we will reject your order.
12.3.3.
If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
12.3.4.
If your order is cancelled or rejected and you have already paid for the Products, you will receive a full refund in accordance with clause 12.4.
12.3.5
While every care has been taken to ensure product information is correct, food products are constantly being reformulated, so ingredients, nutrition content, dietary and allergens may change. You should always read the product label and not rely solely on the product information provided on the website. We won't be held responsible for any errors.
12.4.
Processing refunds
Goods
12.4.1.
We will examine any returned goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the goods.
12.4.2.
We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the goods in the event that the goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the goods have not been returned with its original packaging. This does not affect your statutory rights.
Services
12.4.3.
We will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the services.
12.4.4
E-gift cards are non-refundable.
13.
COMPLAINTS
13.1.
If you have a comment, concern or complaint about any Products you have purchased from us, please contact us via email at hello@thegoodnessproject.co.uk.
14.
INTELLECTUAL PROPERTY
14.1.
The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to United Flow Limited (trading as The Goodness Project), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
14.2.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
14.3.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not 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.
14.4.
You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
14.5.
No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
14.6.
Products sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
15.
USE OF THE WEBSITE
15.1.
You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
15.2.
We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
15.3.
We reserve the right to:
15.3.1.
Make changes to the information or materials on this Website at any time and without notice to you.
15.3.2.
Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
15.3.3.
Refuse to post material on the Website or to remove material already posted on the Website
15.4.
You may not use the Website for any of the following purposes:
15.4.1.
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
15.4.2.
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
15.4.3.
Breaching any applicable local, national or international laws, regulations or code of practice
15.4.4.
Gaining unauthorised access to other computer systems
15.4.5.
Interfering with any other person’s use or enjoyment of the Website
15.4.6.
Breaching any laws concerning the use of public telecommunications networks
15.4.7.
Interfering with, disrupting or damaging networks or websites connected to the Website
15.4.8.
Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website
15.4.9.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
15.4.10.
To create and/or publish your own database that features all or substantial parts of the Website
15.4.11.
Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
15.5.
In addition, you must not:
15.5.1.
Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
15.5.2.
Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
15.5.3.
Attack the Website via a denial-of-service attack or a distributed denial-of service attack
15.5.4.
Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
15.6.
A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
16.
LIABILITY AND INDEMNITY
16.1.
Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
16.1.1.
Death or personal injury resulting from our negligence
16.1.2.
Fraud or fraudulent misrepresentation
16.1.3.
Action pursuant to section 2(3) of the Consumer Protection Act 1987
16.1.4.
Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
16.2.
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
16.3.
We will not be liable if the Website is unavailable at any time.
16.4.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
16.5.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
16.6.
We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
16.7.
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
16.8.
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
16.8.1.
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
16.8.2.
any loss of goodwill or reputation; or
16.8.3.
any special or indirect losses; or
16.8.4.
any loss of data; or
16.8.5.
wasted management or office time; or
16.8.6.
any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Products even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 16.8.1 to 16.8.6, is strictly limited to the purchase price of the Products you purchased.
16.9.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
16.10.
This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
17.
FORCE MAJEURE
17.1.
We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
17.1.1.
Strikes, lock-outs or other industrial action
17.1.2.
Shortages of labour, fuel, power, raw materials
17.1.3.
Late, defective performance or non-performance by suppliers
17.1.4.
Private or public telecommunication, computer network failures or breakdown of equipment
17.1.5.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.1.6.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
17.1.7.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.1.8.
Acts, decrees, legislation, regulations or restrictions of any government
17.1.9.
Other causes, beyond our reasonable control
17.2.
Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
17.3.
Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
18.
PRIVACY POLICY
18.1.
We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).
18.2.
You can find full details of our Privacy Policy on the Website.
19.
THIRD PARTY RIGHTS
19.1.
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
20.
EXTERNAL LINKS
20.1.
To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
20.1.1.
The privacy practices of such websites
20.1.2.
The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
20.1.3.
The use which others make of these websites; or
20.1.4.
Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
21.
LINKING TO THE WEBSITE
21.1.
You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
21.2.
Any agreed link must be:
21.2.1.
To the Website’s homepage
21.2.2.
Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
21.2.3.
Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
21.2.4.
Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
21.3.
We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
21.4.
We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
22.
NOTICES
22.1.
All notices given by you to us must be given to us by using hello@thegoodnessproject.co.uk. We may give notice as described in clause 3
22.2.
Notice will be deemed received and properly served up to 2 working days after an email is sent.
23.
ENTIRE AGREEMENT
23.1.
The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
23.2.
We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
23.3.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
24.
GENERAL
24.1.
We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
24.2.
All prices and descriptions supersede all previous publications. All product descriptions are approximate.
24.3.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
24.4.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
24.5.
All Contracts are concluded and available in English only.
24.6.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
24.7.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
24.8.
No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
24.9.
Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
25.
YOUR MATERIAL AND CONDUCT
25.1 Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
25.2 In using the Photo Upload facility on the Website, you agree not to upload or print any images that will cause distress or offence to any person or which contains material as set out in clause 25.5. It is your responsibility to ensure that express permission for any images you use has been granted by the owner of any image.
25.3 We reserve the right to refuse to process any order that may cause offence or distress to others and in such a case we will refund any payment made. We will not be responsible for any copyright infringement by the customer.
25.4 We will not be responsible or liable to you for any loss of material uploaded or transmitted through our Website.
25.5 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
25.6 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.
GOVERNING LAW AND JURISDICTION
26.1.
The Website is controlled and operated in the United Kingdom.
26.2.
Every purchase you make shall be deemed performed in England and Wales.
26.3.
The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
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