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Terms and conditions

(1) Introduction

These terms and conditions applies to the entire contents of the Website under the domain name www.trulyscrummyorganic.com (Website) and to any correspondence by e-mail between Kealth Foods Limited (we us and our). These terms and conditions govern your use of our Wwebsite; by using our Website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.

You must be at least [18 ] years of age to use our Website. By using our Website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

(2) These terms and conditions

These terms and conditions were created using a free Website Contracts template. That template is available for download from Website Law.

(3) Licence to use website

Unless otherwise stated, we or our licensors own the copyright and other intellectual property rights in the Website and material on the Website (including without limitation photographs and other images and graphics). Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e) edit or otherwise modify any material on the website; or

(f) redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter.

(4) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website for any purposes related to marketing without our express written consent.

(5) Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

(6) User generated content

In these terms and conditions, “your user content” means material (including without limitation text, images, photographs, including those photographs you submit for publication on our Website, audio material, video material and audio-visual material) that you transmit or post to our Website, for whatever purpose.

Other than personally identifiable information, which is covered under our Privacy Policy, which for the avoidance of doubt such personal information shall not for the purposes of these terms and condiitons include photographs you transmit for publication on our Website, your user content shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designess shall be free to copy, dislcose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any commercial or non-commercial purposes. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You are prohibited from posting or transmitting to or from the Website any material:

• that is, or could be deemed, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

• for which you have not obtained all necessary licences and/or approvals; or

• 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 and must not be capable of giving rise to legal action whether against you or us or a third party in any country in the world; or

• 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).

• that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
You may not misuse the Website (including, without limitation, by hacking).

We shall 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 these terms and we reserve the right to disclose such details to any law enforcement authorities in accordance with our Privacy Policy should we consider these terms have been breached.

We reserve the right to edit or remove or not to use any material submitted to our Website, or stored on our servers, or hosted or published upon our Website.

(7) Links to and from other websites

Any links to third party websites on the Website are provided solely for your convenience. If you use such links, you leave the Website. We have not reviewed any such third party websites and do not control and are not responsible for such websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

(8) Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. We may make changes to the material on the Website, or to the services and any prices described in it, at any time wihtout notice.

The material on the Website is provided “as is”, without any conditions, warranties other terms of any kind. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(9) Limitations and exclusions of liability

We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website or of any third party’s use of the Website or any user content or other material in it, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof.

(10) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

(11) Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(12) Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

(13) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(14) Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(15) Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(16) Entire agreement

These terms and conditions [, together with our privacy policy,] constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(17) Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.

(18) Registrations and authorisations

Truly Scrummy Organic is a trademark of Kealth Foods Limited who is a registered company in England and Wales. Our registration number is 4313453. Our VAT number is 791084319

(19) Our details

The full name of our company is Kealth Foods Limited.

Our registration number is 4313453. Our VAT number is 791084319

Our registered address is Units 4 & 5, Hirwaun Industrial Estate, Aberdare, Rhondda Cynon Taff, South Wales, CF44 9UP.

You can contact us by email:info@kealthfoods.com

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