Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
These terms tell you the rules for using our website www.munchachos.com (our site).
Your use of this website and purchase of any products from this website is at all times subject to these Terms of Use. By accessing our website you agree to our Terms of Use set out below. If you do not agree to these Terms of Use, you must exit our website immediately.
1. WHO WE ARE AND HOW TO CONTACT US
www.munchachos.com is a site operated by Munchachos Ltd (the “Company”, “we”, “us”, “our”). We are registered in England and Wales under company number 10697445 and have our registered office and correspondence address at Suite 10, Imperial Studios, 3 – 11 Imperial Road, London, England, SW6 2AG. Our VAT number is 271 0281 34.
We are a limited company.
To contact us, please contact us here or write to the correspondence address above.
2. BY USING OUR SITE YOU ACCEPT THESE TERMS
By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them.
If you do not agree to these Terms of Use, you must exit our website immediately.
We recommend that you print or save a copy of these Terms of Use for future reference.
3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms of Use refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- Our Cookie Policy sets out information about the cookies on our site.
If you purchase goods from our site, our Terms and Conditions of Supply will apply to the sales.
4. WE MAY MAKE CHANGES TO THESE TERMS
We amend our Terms of Use from time to time. Any changes we make in the future will be posted on this page and, where appropriate, notified to you by e-mail. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
5. WE MAY SUSPEND OR WITHDRAW OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at here. We also recommend you contact your bank.
7. HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our site, and the material published on it. Those works are protected by international and domestic copyright laws and treaties. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our request, return or destroy any copies of the materials you have made. We may take further action as necessary and reserve all our rights.
8. DO NOT RELY ON INFORMATION ON THIS SITE
While we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. The advice, content and data contained herein is for use at the user’s discretion. In using Munchachos products, we recommend the user consults their doctor or dietician beforehand.
9. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our site may contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
10. USER-GENERATED CONTENT IS NOT APPROVED BY US
This website may include information and materials uploaded by other users of the site, including blogs. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us here.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
1. If you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes:
- Liability for death or personal injury caused by our negligence
- For fraud or fraudulent misrepresentation
- Breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- under Part I of the Consumer Protection Act 1987; or
- any other liability to the extent the same may not be excluded or limited as a matter of law.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you as set out in our Terms and Conditions of Supply.
2. If you are a consumer user:
- Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements.
- None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
- Subject to the clauses above, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and / or us at the time your order is accepted by us. Please note that this does not affect your statutory rights.
12. UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, aside from personal data required to process your order, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in “Rights You Are Giving Us To Use Material You Upload”, below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
13. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our site, you grant us the following rights to use that content:
- A perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media. We may also use the content to promote this site or our service.
- We may allow third parties (for example partners or advertisers) to use the content for their purposes or in accordance with the functionality of this site.
These licences are in effect until the anniversary of the fifth year of the user’s final engagement with this website.
14. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
15. RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are providing a link to our website home page must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact us here.
16. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.
17. OUR TRADE MARKS ARE REGISTERED
Munchachos is a registered trademark of Munchachos Ltd, company number 10697445, registered in England and Wales and all content, registered, or applied for, and/or licensed by this company and constitutes Munchachos’s intellectual property and is protected by the relevant laws. All rights reserved.
