| 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 January 25, 2012 (version 29).
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| 2. |
DEFINITIONS |
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2.1 |
In this Agreement, unless the context otherwise requires:
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| 2.1.1 |
"back of pack" means the information that appears on the retail packaging of any products or services.
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| 2.1.2 |
"Basket" means a "basket" of products or services which is compiled according to your selection or as otherwise indicated in this Agreement.
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| 2.1.3 |
"Health Checker"means any service that we may provide that compares the Specific Health Information
of varying products or that recommends any product based on its Specific Health Information.
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| 2.1.4 |
"Health Content" means general information on health, dietary and related matters.
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| 2.1.5 |
"Health Content Service" means all or any of the services provided by mySupermarket
via the Website (or via other electronic communication from mySupermarket) whereby:
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| 2.1.5.1 |
you have access to Health Content (whether through articles, comments, newsletters, blogs or otherwise);
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| 2.1.5.2 |
you use any of the communications services (such as RSS or the posting of comments, etc.) related to Health Content or the delivery of Health Content; and
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| 2.1.5.3 |
there is provision of information regarding any of these.
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| 2.1.6 |
"Health Display Policy" means the rules that we use to display information on the Website or as
part of the Service about Specific Health Information. The main rules are
available here) and should be read together with any Help Pages that appear on the Website (including those relating to Traffic Light Labelling, available here) or relating to the Health Checker.
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| 2.1.7 |
"Ratings and Review Service" means the service we provide on the Website which may allow you to rate or to post reviews or other comments regarding any products or services presented in the Website or Service.
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| 2.1.8 |
"Service" means all or any of the services provided by mySupermarket via the Website (or via other electronic communication from mySupermarket) including the Health Content Service, the Health Checker, the Ratings and Review Service and the Supermarket Service.
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| 2.1.9 |
"Software" means any proprietary software utilised by us to enable use of the Service.
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| 2.1.10 |
"Specific Health Information" means information as to ingredients (including as to fats,
saturates, sugars, salt and calories) and/or information about nutrition and allergies (including about
"portions"), each displayed according to our Health Display Policy.
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| 2.1.11 |
"Sponsored Items" is defined in Clause 15.6.
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| 2.1.12 |
"Supermarket" means any supermarket (and/or other provider of products and/or services selected by
mySupermarket from time to time) who is listed on the Website (including any merchants that may offer specialised
products and/or services such as wine or health & beauty products).
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| 2.1.13 |
"Supermarket Service" means all or any of the services provided by mySupermarket via the
Website (or via other electronic communication from mySupermarket) whereby:
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2.1.13.1 |
you may obtain information on the Supermarkets and the products and services they offer
(or on particular categories or subsets of products or services they offer);
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2.1.13.2 |
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 (or particular
categories or subsets of those) products and/or services; and
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2.1.13.3 |
there is provision of information regarding any of these.
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2.1.14 |
"Website" means the mySupermarket.co.uk 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 AND WEBSITE GENERALLY |
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3.1 |
Applicability of terms and conditions: Use of the Service and the Website are each subject
to the terms and conditions set out in this Agreement.
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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 products or services referred to in
or Health Content on the Website or in other electronic communications) 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. If you wish to use information from the Website or the Service for commercial purposes, please
contact mySupermarket by post or by email at support@mySupermarket.co.uk and we will be happy to discuss this with you.
For the avoidance of doubt, scraping of our website is not allowed.
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3.5 |
Subdivision: If the Service (or any aspect of it) is subdivided in any way, this Agreement shall
nevertheless apply to all Supermarkets and all Services, regardless of whether or not these are presented as
functionally separate and/or independent services.
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3.6 |
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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3.7 |
Equipment: The Service and use of the Website does not include the provision of a computer or other
necessary equipment to access the Website or the Service. To use the Website or Service, you will require
Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs,
telecommunications costs or other costs that you may incur.
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3.8 |
Registration: You do not need to register to use much of the functionality of the Website or to access
much of the Service. However, registration for the Service will give you access to more of the functionality
of the Website and the Service. We reserve the right to decline a new registration or cancel a registration at
any time.
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Rules about use of the Service and the Website
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3.9 |
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.co.uk
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3.10 |
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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3.11 |
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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3.12 |
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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3.13 |
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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3.14 |
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, social networking sites such as Facebook). Please note that use of
functionality of social networking sites linked to from the Website may involve sending data (including emails) from your
account at those sites and not via the Website. This is your responsibility.
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3.15 |
We assume no responsibility for functionality which is dependent on your browser or other third
party software to operate (including RSS feeds).
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3.16 |
We may at any time withdraw any information (including any Health Content or Specific Health Information),
or any Supermarket (or any products or services of a Supermarket) from the Service.
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3.17 |
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 Clauses 3, 4, 5, 6, 8 or 9.
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Breaking the rules |
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3.18 |
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).
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3.19 |
If we suspend your use of the Service or Website, we may refuse to restore your use of the Service or
Website until we receive assurances from you, in a form we deem acceptable, that there will be no further
breach of the provisions of this Agreement.
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3.20 |
If you break (or anyone other than you, with your connivance, breaks) any of the rules in Clause 3, 4, 5, 8
or 9, there may be a degradation in the quality and accuracy of information relating to products, services,
prices and/or other information obtained via the Service (and/or Website) for which we will not be responsible.
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Your statutory rights |
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3.21 |
As a consumer, nothing in this Agreement affects your non-excludable statutory rights. |
| 4. |
THE HEALTH CONTENT SERVICE |
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4.1 |
The Website may contain Health Content. Health Content may be updated, altered or removed, from time to time, at any time, without notice to you.
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4.2 |
Health Content is presented for information and discussion purposes only. Specifically and without limitation:
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| 4.2.1 |
Health Content is in no way intended to replace professional medical, health or nutritional
care or advice by a qualified practitioner;
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| 4.2.2 |
Health Content cannot and should not be used as a basis for diagnosis, choice of treatment
or choice of health, nutritional or dietary plan;
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| 4.2.3 |
Health Content is not exhaustive and cannot always reflect all the most recent research in all areas
of medicine, health and nutrition; and
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our intention is that Health Content will present the more commonly found aspects of health, nutrition and diet
which are likely to be of general interest. For editorial reasons, Health Content may not include certain substantive
and commonly found phenomena.
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4.3 |
We strongly advise any person with health problems to consult a doctor, who will be trained in observation and
interpretation of symptoms and will be able to provide a proper diagnosis based on a knowledge and understanding of
all aspects of a condition and medical history.
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4.4 |
Much of the information contained in Health Content is provided by third parties and we are not in a position to
verify this information. We do not warrant that any such information is true or accurate.
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4.5 |
Although some of the information comprising the Health Content is provided by ourselves (as opposed to third parties),
we are not doctors and do not take responsibility for this information, which is provided in good faith. We do not warrant
that such information is true or accurate.
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4.6 |
We do not conduct independent clinical trials or other trials of any kind.
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4.7 |
Any comments submitted by you regarding the Health Content will be moderated by us and we are under no
obligation to publish any such comments. Please see Clause 10 about ownership of those comments. Also, please
see Clause 3.17 and Clause 6 about our rights to do things with these comments.
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| 5. |
THE SUPERMARKET SERVICE |
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Basic information about the Supermarket Service
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5.1 |
The Supermarket Service (with or without registration for the Service) is made available to you solely:
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| 5.1.1 |
to communicate information to you about Supermarkets and products and services available at those Supermarkets
(including offers available at those Supermarkets from time to time); and
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| 5.1.2 |
to allow various types of comparisons to be made between Supermarkets and products and services available
at those Supermarkets (including permitting you to obtain estimates from Supermarkets about the contents of a Basket).
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5.2 |
If you register with us for the Service, then the Supermarket Service additionally facilitates you transacting and interacting
with Supermarkets (provided you have also registered with the relevant Supermarket). However, we are not and will not be a party to
any 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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| 5.2.1 |
we shall in no circumstances have any liability whatsoever in respect of any such interaction or transaction;
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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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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 products or services);
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| 5.2.4 |
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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| 5.2.5 |
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 5.26).
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5.3 |
If you register for any third party website through the Website (e.g. a Supermarket website) – see
Clause 9.12 about this - or if you otherwise use or access any third party website through the Website
(e.g. a Supermarket website), and you provide to us, or through the Website, any username or password which
you use specifically for such third party website, then we will not make any use of such username or password except:
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| 5.3.1 |
to register and log you into such third party website;
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to import pertinent information to the Website from the third party website; and
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to provide the third party website with your orders and other information as requested by you.
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For example, we may use your login information for that third party website in order to import back your "favourites"
from that third party website into the Website; and/or we may use your login details to provide the third party website
with information to book a delivery and regarding Baskets that you have compiled; and/or if the registration form of the
third party website requests additional personal information which you have not otherwise provided to us, we will not use
such personal information except in compliance with our Privacy Policy. See our Privacy Policy here for more details about this.
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5.4 |
You may not use the Supermarket Service (or the Website) to send more than 7 Baskets in any period of 7 days.
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Subdivision of the Supermarket Service
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5.5 |
We may sub-divide the Supermarket Service so that:
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| 5.5.1 |
different types of Baskets are used for different elements of the Supermarket Service; and/or
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different features and/or different functionality are available for different subdivisions of the Supermarket Service or for different product or service lines.
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Comparisons, information and data used in the Supermarket Service
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5.6 |
A lot of the functionality of the Supermarket Service and the Website is about making comparisons across different
Supermarkets and/or within the same Supermarket. In fact, this happens in a variety of different ways all over the
Supermarket Service and throughout different places in the Website. When we compare products and services (whether
across different Supermarkets or within the same Supermarket), although we try our best to compare any products and
services (such as comparing guide prices, Specific 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 or from information provided by, or derived from, the National
Health Service or the Food Standards Agency. 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 Supermarket 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 products or services (including Specific Health Information) shall rest with the source
of that information, such as a 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 products or services
rather than others (or at all), the responsibility for doing so is yours alone.
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5.7 |
We will use reasonable endeavours to ensure that the information relating to products and services, the cost and
details of such products and services (including any offers on them), the Specific Health Information relating to products
and services and the data on the Website and/or available through the Supermarket Service is updated regularly and properly
reflects the information we have retrieved from the source of that information. However, you acknowledge that the guide
prices, Specific Health Information and other information relating to products and services are not updated on a real
time basis and that it is your responsibility to verify actual prices and other details (including Specific Health Information)
with each Supermarket.
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5.8 |
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 Supermarket 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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5.9 |
The Supermarket Service may allow you to "split" your baskets between various Supermarkets – in other words, to purchase
some items in your basket at a particular Supermarket and other items at a different Supermarket. In addition, the
Supermarket Service may indicate that "splitting" a basket between various Supermarkets may result in certain savings.
Please note that we make no representations or warranties whatsoever regarding any projected savings that the Supermarket
Service may indicate as resulting from a "split" basket. All such indicated savings are the result of algorithms intended
to compare products based on a number of factors, and as such no such indicated savings should be taken as a representation
or warranty that "splitting" a basket will actually result in such savings. In addition, any indicated savings may not account
for duplicate fees resulting from such split, such as additional delivery fees. As always, you should review your basket prior
to purchase and you are responsible for any and all purchases.
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5.10 |
Please also note that the law places certain restrictions on transactions involving alcohol, and accordingly alcohol must be
either ordered by you or delivered by the Supermarket during normal licensing hours.
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Changes to prices, offers and delivery slots
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5.11 |
Please note that:
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| 5.11.1 |
any displayed prices of products or services are guide prices only (and may change between the time of any
comparison and the time of delivery);
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5.11.2 |
any offers on products or services may be withdrawn or altered by Supermarkets at or after the time we make
the relevant information available to you; and
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5.11.3 |
the guide prices for products 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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5.12 |
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 Supermarket 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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Specific Health Information
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5.13 |
Please also note that for any products and services, we may or may not display Specific Health Information.
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5.14 |
Please also note that there are places on the Website where Specific Health Information may be viewed but you can
elect not to view it; and sometimes your preference not to view it will be retained unless and until you change that
preference.
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5.15 |
However, where Specific Health Information is used or displayed as part of the Website or Supermarket Service (or Health Content Service):
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5.15.1 |
it will be displayed according to the rules set out in our Health Display Policy; and
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5.15.2 |
it is because we have, in good faith:
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5.15.2.1
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been provided with the relevant information (or an approved statistical basis for that information) by the
National Health Service and/or the Food Standards Agency; and/or
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5.15.2.2 |
extracted that information from "back of pack, although:
(i) we usually do not take all information available on "back of pack" but select elements of it for the purposes of providing the Specific Health Information); and
(ii) we usually do not duplicate exactly the information from "back of pack" as to the Specific Health Information; but we process it according to our Health Display Policy, to allow fair comparison between products and services.
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5.16 |
With respect to Specific Health Information:
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| 5.16.1 |
without prejudice to Clause 5.6, we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of that information; and
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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 and health alternatives and equivalents
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5.17 |
Please note that, during your use of parts of the Supermarket Service, the contents of your Basket may be ‘checked’ by us. This means that we may:
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| 5.17.1 |
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 Basket and you can decide whether to accept or ignore those items; and/or
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offer you alternative items in the sense that we suggest (whether in collaboration with a partner business or not) that you "downshift" or "trade down" to a lower brand level – i.e. to a brand for a similar item which is perceived by the market to be typically less "expensive" based on a set of algorithms which we use for this purpose. These alternative items are not automatically put into your Basket and you can decide whether to accept or ignore those items; and/or
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offer you alternative items which are more healthy (meaning that the traffic lights Specific Health
Information generally show a more healthy alternative on balances, 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 Basket and you can decide whether to accept or ignore those items; and/or
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| 5.17.4 |
replace ‘unavailable items’. In such a case, these replacement items will be automatically put into your
Basket and, although you may reject the automatically replaced item, you will then have an item missing in
your Basket. By ‘unavailable items’, we mean:
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5.17.4.1 |
a Supermarket’s ‘own brand’ items that do not exist in alternative Baskets when you switch Supermarkets; or
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5.17.4.2 |
any items (whether Supermarket ‘own brand’ items or not) that are out of stock in: i) an alternative Basket when you switch Supermarkets; or ii) a saved Basket when you come back to that saved Basket after a period of time.
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5.18 |
In any event, whether or not items are put into your Basket 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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5.19 |
We identify the alternative offerings and replacements in Clause 5.17 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 or the Supermarket Service to take account of your personal preferences). And so
(absent any such personalisation by you):
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5.19.1 |
you may be offered one brand of cola in place of another brand of cola – if, for example, that other brand
is cheaper; or
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5.19.2 |
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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5.20 |
You are always free to ignore suggested alternatives and to reject automatically replaced equivalents for unavailable
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 products for which you may choose to transact with a Supermarket.
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5.21 |
For the avoidance of doubt, we may offer alternatives and replacements (of the kind we set out in Clause 5.17) throughout
different parts of the Website and Supermarket Service.
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Order and groupings and special shelves
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5.22 |
As part of the Supermarket Service, you may, in places, choose to view products and services based on different criteria.
The criteria may change over time. In some places, we select the criteria. In some places, you may select the criteria.
For example:
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5.22.1 |
The products and services may appear alphabetically;
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5.22.2 |
The products and services may appear by leading brand (which may mean by number of products offered by
a brand or by popularity on the Website; etc.);
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5.22.3 |
The products and services may appear listed in order of different Specific Health Information criteria (e.g. sugar or salt replacements; etc.).
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5.23 |
We will try and display products and services based on your chosen criteria, subject to the placement of Sponsored Items which may appear at any position we choose. However, in presenting or ordering any products and services, our algorithms make certain assumptions and incorporate certain internal considerations. As such, while we make efforts to display products and services according to your chosen criteria, we do not claim that our ordering of any products and services is completely objective. At the same time, the order in which we may choose to display certain products and services may vary depending on criteria chosen by us, including subjective criteria
(including any monies that may be payable to us and brands or Offers (including with respect to the Cashback Programme) that we wish to promote), or according to your browsing and shopping history. As always, you are solely responsible for any purchases that you make using the Service.
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5.24 |
We may allow you to filter products and services based on certain "lifestyle" categories – including whether certain products are organic, gluten-free, satisfy certain specified dietary needs or requirements, or may be considered fair-trade or environmentally friendly goods. We make good faith efforts to ensure that this selection and filter process reflects generally accepted standards for such categories (or other categories that we may add at our discretion) but under no circumstances do we guarantee that any products or services that we indicate as satisfying any such category actually comply with any particular definition of such category. Moreover, any indication that any category includes a particular good or services should not under any circumstances be taken as either a recommendation to purchase such good or services, or our endorsement of any particular category or lifestyle choice. As always, you are solely responsible for any purchases that you make using the Service.
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5.25 |
Also, although any comparison of products and services is always completely objective and independent, we may, from time to time, display to you special, unique "shelves" (such a shelf displaying mixed cases of wine) from one or more particular Supermarkets only, which Supermarkets will be part of our affiliate programme.
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Vouchers |
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5.26 |
As part of the Supermarket Service and Website, we may present to you vouchers or coupons ("Vouchers") which we understand have been issued by certain of the Supermarkets.
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5.27 |
Certain details of Vouchers:
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5.27.1 |
are taken 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; or
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5.27.2 |
have been issued to us directly by the Supermarkets (or some of them) to pass on to you for use by you. Again, we present these Vouchers 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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5.28 |
We make no warranty that any Voucher will work as described or at all, or that the details of any Voucher as displayed are correct. Please also see especially Clause 5.2.
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Offers
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5.29 |
As part of the Supermarket Service and Website, we may present to you offers which we understand are available at the Supermarkets ("Offers"). However, we make no warranty that any Offers are or will continue to be available at relevant Supermarkets.
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5.30 |
We may use various filtering algorithms to select Offers which we believe are suitable and appropriate to display to you. Our selection is based on our own internal matching and filtering criteria and may also be based on your own preferences (which you may have selected through appropriate channels as part of the Service). 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 present Offers impartially. However, although we operate in this manner, you may disagree with our presentation of a particular selection of Offers, due to your personal preferences. However, we assume for the purpose of presenting Offers that no such personal preferences exist (unless you have personalised your use of the Service or the Supermarket Service to take account of your personal preferences as notified to us through available channels as part of the Service).
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Cashback Programme
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5.31
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mySupermarket may present you with offers to receive cash in respect of a Qualifying Purchase (as defined below) in the Supermarket Service (the "Cashback Programme").
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5.32
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The amount of cash which you may receive in respect of Qualifying Purchases ("Cashback Amount") will be displayed on the Supermarket Service. The Cashback Amount may vary in respect of the same product from Supermarket to Supermarket, and may not be available for all Supermarkets. You should be aware that in displaying final prices after the receipt of Cashback Amounts, that the price displayed may not be the price payable for such product, but rather the price payable after deduction of the Cashback Amount. As described below, you shall not receive Cashback Amounts immediately in respect of any purchase. We may modify or eliminate any Cashback Amount at our sole discretion.
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5.33
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You are eligible to participate in the Cashback Programme so long as you: (a) are at least 18 years of age, (b) have registered for the Service and your account is in good standing, and have provided any additional details required by the Service for the provision of Cashback Amounts, and (c) have a verified PayPal account in good standing. We in our discretion may make payments of Cashback Amounts to a verified United Kingdom bank account in lieu of a PayPal account or to individuals who have not yet opened a Paypal account.
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5.34
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Only certain products selected by us in our sole discretion will be eligible for Cashback Amounts. A "Qualifying Purchase" means the actual purchase by you of a product clearly marked in the Website as a product in respect of which we shall provide Cashback Amounts, provided that (a) if requested by us, you provide us with proof of the Qualifying Purchase and (b) you do not receive a full or partial refund in respect of such product for any reason. Proof of a Qualifying Purchase is documentation showing that such purchase was completed, paid for and delivered (e.g. a photocopy of your final receipt from a Supermarket in respect of such purchase, or the Supermarket order confirmation email in respect of such purchase or other similar documentation as determined by us in our sole discretion). As such, it is your responsibility to retain such documentation, and failure to produce such documentation when required by us may result in the invalidation of any Cashback Amounts. If proof of Qualifying Purchase has been requested, you shall not receive any Cashback Amounts in respect of purchases which we are not able to verify to our satisfaction. We shall determine in our sole discretion whether any purchase you make shall be deemed a Qualifying Purchase
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5.35
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You should always review your Basket and communications received from us at all stages of the purchasing process to confirm your eligibility to receive Cashback Amounts. For example, an offer to receive Cashback Amounts cannot be combined with any other offer, and you should always check your Basket to ensure that you will receive Cashback Amounts that you expect. In addition, Cashback Amount offers may be subject to expiry and, while we will make reasonable efforts to estimate such expiry date, for commercial reasons such estimations may not always be precise or accurate. As such, after submitting any Basket to a Supermarket, you should check the confirmation email sent by us to ensure that you are eligible for expected Cashback Amounts. Furthermore, we may impose limitations on payable Cashback Amounts or on the number of Qualified Purchases eligible for Cashback Amounts. Such limitations are subject to change in our sole discretion. It is always your responsibility to check your Basket and our communications to verify that you shall receive any amounts that you may be expecting.
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5.36
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We shall not make any payment of Cashback Amounts to you until the aggregate amount of Cashback Amounts owing and outstanding exceeds 5 GBP. Cashback Amounts shall be available to you in your applicable account no later than one month after the Qualifying Purchase, subject to the receipt by us of any requested proof of a Qualified Purchase as detailed above. You shall not receive any interest in respect of accrued and unpaid Cashback Amounts. Payment of Cashback Amounts is at all times subject to the applicable terms and conditions of the payment method that you select. For example, if you choose to have Cashback Amounts transferred to PayPal on your behalf prior to your opening of a PayPal account, your access to such amounts will at all times be subject to PayPal’s applicable terms and conditions, including without limitation any terms regarding the expiry or refund of such amounts.
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5.37
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We may disqualify transactions or remove previously paid cash rewards from your account if you return or cancel a Qualifying Purchase, participate in any fraud or abuse relating to the Cashback Programme (including conducting "sham" transactions or otherwise colluding with merchants, or otherwise), or fail to meet any of the terms and conditions of this Agreement. We may review purchases and payable Cashback Amounts to determine whether your participation in the Cashback Programme has been in compliance with this Agreement. We may delay the payment of any Cashback Amounts in our sole discretion while we investigate any suspected fraud. In the event that you receive Cashback Amounts for a purchase that is later determined to be an ineligible purchase, you provide us with the right and authority to debit your account in respect of the ineligible amount, even if it means that your account will have a negative balance for which you will be liable. We can suspend your participation in the Cashback Programme if we reasonably suspect that you have (or have attempted) to abuse or commit any fraud on the Cashback Programme
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5.38
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We cannot accept any responsibility for any tax implications of you receiving any Cashback Amounts. You must check all such implications with your tax advisor.
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Messages
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5.39 |
As part of the Service and Website, we may send you in-Website messages which may contain Offers or other
information about products and services which you may have selected (each being a "Message"). As we say in
more detail at Clause 5.6, we do not warrant and we exclude all liability in respect of the accuracy, completeness,
fitness for purpose or legality of any information accessed communicated to you (by email, by hard copy printout from
the Website or otherwise). However, we shall use reasonable endeavours to ensure that any information or suggestions
that you may receive in a Message are timely and accurate. However, we do not update Messages after they have been sent
so as to account for any changes in your Basket or in your personal information. As such, if there is a delay between the
time that any Message is sent and the time it is received by you, then any information or suggestions contained in such
Message may no longer be accurate or complete, and any Offers in such Messages may no longer be in effect.
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6. |
THE RATINGS AND REVIEWS SERVICE |
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6.1 |
As part of the Service and Website, we may allow you to rate or post reviews or other comments regarding select
products or services using the Ratings and Review Service. We may in our sole discretion discontinue the Ratings
and Review Service at any time, whether with regard to the entire Website or with regard to specific products
and/or services. If so, you may no longer have access to any ratings or reviews or comments that you have posted.
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6.2 |
By submitting your email address in connection with your rating and review, you agree that mySupermarket and its
third party service providers may use your email address to contact you about the status of your review and other
administrative purposes.
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6.3 |
By submitting any content to mySupermarket by means of the Rating and Review Service, you represent that:
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6.3.1 |
you are the sole author of such content and owner of all intellectual property rights therein;
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6.3.2 |
all "moral rights" that you may have in such content have been voluntarily waived by you;
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6.3.3 |
all content that you post is accurate;
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6.3.4 |
you are at least 18 years old;
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6.3.5 |
use of the content you supply does not violate any of the terms and conditions of this Agreement and will not cause injury to any person or entity.
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6.4 |
You further agree and warrant that no content that you submit:
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6.4.1 |
is known by you to be false, inaccurate or misleading;
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6.4.2 |
infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, any moral rights, or any rights of publicity or privacy;
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6.4.3 |
violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
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6.4.4 |
is, or may be reasonably be considered to be, obscene, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
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6.4.5 |
includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
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6.4.6 |
contains any computer viruses, worms or other malicious or potentially damaging computer Programmes or files.
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In addition, you shall not submit any content for which you were compensated or granted any incentives or consideration by any third party.
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6.5 |
Please carefully select the type of information that you post on the Service or release to others. You should be especially cautious about disclosing any personal information about yourself in your use of the Ratings and Review Service. Users or other viewers may use any such personal information for purposes other than what you intend. We are not responsible for the actions of other users or viewers, including in respect of their use of any personal information that you may make available through the Ratings and Review Service.
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6.6 |
You agree to indemnify and hold mySupermarket (and our officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
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6.7 |
For any content that you submit, you grant mySupermarket a perpetual, irrevocable, royalty-free, transferrable right and license to use, copy, modify, publicly perform, publicly display, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world for any and all purposes (including without limitation commercially promoting the Website and the Supermarket Service) without compensation to you and without referencing the source of such content.
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6.8 |
All content that you submit may be used at mySupermarket’s sole discretion. mySupermarket reserves the right to change, condense or delete any content that we deem, in our sole discretion, to violate the content guidelines set forth herein or any other provision of these terms and conditions. mySupermarket does not guarantee that you will have any recourse through us to edit or delete any content you have submitted.
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6.9 |
Ratings and written comments are generally posted within two to four business days. However, we reserve the right to remove or to refuse to post any submission for any reason.
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6.10 |
You acknowledge that you, not mySupermarket, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of mySupermarket or our agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
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6.11 |
You understand mySupermarket is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any reviews or ratings submitted or posted by users or other third parties. Although users agree to the terms and conditions of this Agreement, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to wave, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. We disclaim all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users), whether such acts or omissions occur during the use of the service or otherwise.
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6.12 |
It is our policy to respond to copyright owners who believe material appearing on the Application or any game infringes their rights under applicable copyright law. If you believe that something appearing on the Website or through the Ratings and Review Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. Applicable law may set forth certain requirements for notices. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims.
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7. |
PAYMENT |
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7.1 |
Use of the Website is currently free to a user of the Website. 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.
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7.2 |
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.
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7.3 |
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 7.1).
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8. |
YOUR OBLIGATIONS |
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8.1 |
A Supermarket and other service providers (such as social network site providers) will have their own applicable terms and conditions, in relation to their own supply of their products 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.
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8.2 |
You warrant that all information provided on registration for the Service 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.
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8.3 |
You warrant that all information provided to register for any Supermarket or other service provider is true, complete and accurate and that you will promptly inform such Supermarket or service provider of any changes to such information.
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8.4 |
Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
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8.4.1 |
to send or receive any material which is not civil or tasteful;
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8.4.2 |
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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8.4.3 |
to cause annoyance, inconvenience or needless anxiety;
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8.4.4 |
to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
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8.4.5 |
for a purpose other than which we have designed them or intended them to be used;
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8.4.6 |
for any fraudulent purpose;
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8.4.7 |
other than in conformance with accepted Internet practices and practices of any connected networks; or
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8.4.8 |
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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8.5 |
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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8.5.1 |
resale of the Service (or Website) without our prior written consent;
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8.5.2 |
furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
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8.5.3 |
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);
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8.5.4 |
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;
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8.5.5 |
executing any form of network monitoring which will intercept data not intended for you;
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8.5.6 |
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 email;
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8.5.7 |
creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
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8.5.8 |
sending malicious email, including flooding a user or site with very large or numerous emails;
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8.5.9 |
entering into fraudulent interactions or transactions with us or 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);
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8.5.10 |
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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8.5.11 |
using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement; and
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8.5.12 |
unauthorised use, or forging, of mail header information.
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9. |
REGISTRATION |
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Registration for the Service |
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9.1 |
If you register for the Service: |
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9.1.1 |
It enables us to send your Basket for you to your chosen Supermarket so that you can complete your order directly with that Supermarket;
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9.1.2 |
It makes it easier for you to do your shopping in future because, for most parts of the Supermarket Service, we will keep records of your past activity on the Website and use of the Service (such as items you have purchased, ordered or listed in the past).
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9.2 |
To register for the Service you need to supply us with your name, postcode and email address and possibly some other personal information.
See our Privacy Policy here for more details about this.
We may require that you provide us with additional details (such as, for example, your PayPal or bank account information) in order to participate in any
Cashback Programme. While you are not required to provide any such additional information, we may not be able to allow you to participate in any Cashback Programme or
provide you with any Cashback Amounts unless you complete and submit all such information. It is your responsibility to provide correct details of your account,
and we cannot be responsible for lost payments as a result of any incorrect details that you have provided.
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9.3 |
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 email address or any breach of security known to you. You agree that any person to whom your 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.
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Sign-up: Information and Marketing |
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9.4 |
Whether or not you register for the use of the Service, you have the option on the Website, as part of the Service, to sign up to receive information emails (such as newsletters, information on Offers etc.) for information which we may offer from time to time. We need your email address for this. If you are already registered for use of the Service, we will already have this; if not (and you do not wish to register for use of the Service), then you will need to supply us with your email address (only).
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9.5 |
We may personalise your experience of the Service and Website based on your preferences, such as which information emails you have chosen to receive (and the content of those emails).
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9.6 |
We will use your email address for various matters which are all set out in our Privacy Policy here.
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9.7 |
We will always give you the option to unsubscribe from receiving any information or marketing emails.
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General Registration rules |
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9.8 |
All registration accounts (and all email addresses supplied to receive information emails) must be registered with a valid personal email address that you access regularly, so that, among other things, system emails can be sent to you. Any registration accounts (or email addresses supplied to receive information emails) which have been registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their registration accounts (or email addresses supplied to receive information emails) if we believe they have been using an invalid email address.
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9.9 |
We reserve the right to close registration accounts (and shut down receipt of information emails) if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-UK user pretends to be a UK user, or disrupts any Service in any way.
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9.10 |
If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts (and email addresses that we hold for you).
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9.11 |
We may allow you to register or otherwise use the Service through third party login services (such as Facebook Connect or your Google account). If you choose to login or register through such third party services, you agree to the terms and conditions of all such third party services. You acknowledge that the use of third party services to login or register for the Service may provide us with access to certain information and data that you have provided to such third party service, and you expressly agree to our use of such data or information in accordance with our privacy policy.
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Registration for Supermarkets through the Website |
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9.12 |
To facilitate your registration for a Supermarket, we may provide you with the ability to register for a relevant third party website of a Supermarket through the Website. If so, we may pre-populate certain fields in the registration form for that third party website for you. If we do so, it will be for fields for which we already hold your information, such as your name, postcode and email address. However, you should not register for any third party website through the Website if such registration is prohibited by the terms of that third party website. It is your responsibility to determine whether the terms and conditions of any third party website do not allow registration through the Website. If you register for any Supermarket through the Website, you agree to all terms and conditions of that Supermarket. Please also see your responsibilities which we set out in Clause 5.2 and all the points listed in Clause 5.8.
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10. |
INTELLECTUAL PROPERTY RIGHTS |
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10.1 |
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 10.4) information content on the Website or accessed as part of the Service (including, without limitation, Health Content), 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.
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10.2 |
None of the material listed in Clause 10.1 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.
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10.3 |
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.
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10.4 |
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.
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10.5 |
Subject to Clauses 10.6 and 10.7:
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10.5.1 |
you retain ownership of any proprietary data or proprietary information you submit to the Website or otherwise to us or which is otherwise made available to us from websites of Supermarkets or otherwise; and
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10.5.2 |
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: (i) testimonials; or (ii) comments for posting. 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.
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10.6 |
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.
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10.7 |
All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you (including, without limitation, comments posted by you as part of the Health Service); or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. 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.
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10.8 |
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 products 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.
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11. |
TERMINATION |
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11.1 |
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:
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11.1.1 |
you commit any breach of these terms;
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11.1.2 |
we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
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11.1.3 |
we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us, any Supermarket or any person.
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11.2 |
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.
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12. |
INDEMNITY |
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12.1 |
You shall indemnify us against each loss, liability or cost incurred by us arising out of:
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12.1.1 |
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
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12.1.2 |
any breach of this Agreement by you.
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13. |
STANDARD OF SERVICE AND LIMITATION OF LIABILITY |
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13.1 |
In performing any obligation under this Agreement, our only duty is to exercise reasonable care and skill and we warrant that we use such reasonable care and skill.
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13.2 |
This Clause 13 prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
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13.2.1 |
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
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13.2.2 |
otherwise in relation to this Agreement or the entering into or performance of this Agreement.
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13.3 |
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 (including, without limitation liability pursuant to Clause 3.21).
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13.4 |
We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information (including, without limitation, Health Content) accessed using the Service or Website or otherwise; 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.
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13.5 |
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.
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13.6 |
Save as provided in Clause 13.3 but subject to Clause 13.7, 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.
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13.7 |
Save as provided in Clause 13.3 but subject to Clauses 13.6 and 13.9, 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 13.7.
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13.8 |
Save as provided in Clauses 13.3 and 13.6, 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.
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13.9 |
Save as provided in Clause 13.3, we shall have no Liability for:
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13.9.1 |
loss of revenue;
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13.9.2 |
loss of actual or anticipated profits;
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13.9.3 |
loss of contracts;
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13.9.4 |
loss of the use of money;
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13.9.5 |
loss of anticipated savings;
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13.9.6 |
loss of business;
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13.9.7 |
loss of opportunity;
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13.9.8 |
loss of goodwill;
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13.9.9 |
loss of reputation;
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13.9.10 |
loss of, damage to or corruption of data; or
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13.9.11 |
any indirect or consequential loss;
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and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 13.9.1 to 13.9.10 apply whether such losses are direct, indirect, consequential or otherwise.
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13.10 |
Save as provided in Clause 13.3, 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.
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13.11 |
The limitation of Liability under Clause 13.10 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.
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13.12 |
In this Clause 13:
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13.12.1 |
"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
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13.12.2 |
"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).
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14. |
DATA PROTECTION |
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14.1 |
Please see our Privacy Policy here which forms part of this Agreement.
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14.2 |
Online affiliate networks with whom we may have a contract, may track traffic going through our site (some of which traffic they may pay us for). Our Privacy Policy explains this more fully.
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15. |
ADVERTISEMENTS |
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15.1 |
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 products and services are advertisements (i.e. from persons other than us), so that it is clear to you which products and services are provided on an objective basis and which are not (i.e. the advertisements).
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15.2 |
You are free to select or click on advertised products and services or not as you see fit.
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15.3 |
Advertisements displayed on the Website may include Sponsored Items (see Clauses 15.6, 15.7 and 15.8).
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15.4 |
Any advertisements may be delivered on our behalf by a third party advertising company or affiliate network.
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15.5 |
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, a third-party advertiser or affiliate 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.
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Sponsored items |
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15.6 |
During your use of the Service and the Website, we may display products or services which have been sponsored. We call these sponsored products or services: "Sponsored Items".
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15.7 |
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 products and services are sponsored, so that it is clear to you which products and services are sponsored and which are not.
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15.8 |
You are free to select Sponsored Items or not as you see fit.
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Third party sites |
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15.9 |
You may be directed to the Website through a third party site which refers to or recommends specified products and services. We accept no responsibility for the referrals or recommendations of third party sites or services. In addition, we make no representations that any products or services actually listed for purchase through the Supermarket Services accurately reflects the products or services referred to or recommended by any third party site. You must review all products and services listed prior to purchase.
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16. |
GENERAL |
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16.1 |
Interpretation: In this Agreement: |
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16.1.1 |
words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
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16.1.2 |
clause headings are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
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16.1.3 |
references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
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16.2 |
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.
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16.3 |
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.
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16.4 |
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.
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16.5 |
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).
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16.6 |
Entire agreement: This Agreement (and our Privacy Policy here
and our Health Display Policy here and any other policies referred to in this Agreement) 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.
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16.7 |
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.
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16.8 |
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.
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16.9 |
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.
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16.10 |
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.
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16.11 |
Survival: The provisions of Clauses 1, 2, 3, 6, 8, 10, 11, 12, 13 and 16, 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.
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16.12 |
Governing law: This Agreement (and all non-contractual relationships between you and us) 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.
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17. |
WHO WE ARE – SO YOU DON’T FORGET! |
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17.1 |
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.
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