Terms + Conditions

Introduction

These Terms of Use regulate the relationship between 9NINE Foods Limited and you in relation to your use of our website located at www.9NINEBRAND.com (Website). Our Website is operated by 9NINE Foods Limited a company incorporated in England and Wales (registered number 10253130) and whose registered office is at 9BARN, Units 1-3 Rake Farm Buildings, Rake Lane, Eccleston, Chester, CH4 9JN. (we, us, our). We are a private limited company. You can contact us by email at sales@9NINE.co.uk

These Terms of Use incorporate our Privacy Policy (which tells you about how we use your personal information) and Cookies Policy(which tells you about the use of cookies on our Website).

Please read these Terms of Use carefully before you use our Website. They are a legally binding agreement and contain important information on your legal rights and obligations.

By accessing or using our Website, you agree to comply with and be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, do not access or use our Website.

These Terms of Use apply to everyone who visits our Website, whether or not you are a registered user.

Accessing our Website

  1. By accessing our Website you confirm that:
    1. you accept and agree to comply with these Terms of Use;
    2. you accept and agree to comply with our Privacy Policy;
    3. you accept and agree to comply with our Cookies Policy;
    4. you are at least 18 years of age; and
    5. accessing our Website and the Site Content is not illegal in your jurisdiction.
  2. Access to our Website is permitted on a temporary basis and we reserve the right to withdraw, suspend or amend access to our Website or any Site Content we provide on our Website without notice. As we do not charge you for accessing our Website, we will not be liable to you if for any reason our Website is unavailable at any time or for any period.
  3. Before you can access certain parts of our Website, you may be required to complete a registration process by providing the information requested in a form. You must provide information which is complete, accurate, up-to-date and not misleading. We may rely on any information provided by you so it is important you comply with this requirement. You must tell us promptly about any changes to the information that you have provided to us.
  4. 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, and 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 opinion you have failed to comply with any of the provisions of these Terms of Use.
  5. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use, and that they comply with them

Ownership of our Website and Site Content

  1. Unless otherwise stated, we are the owner or licensee of all Intellectual Property Rights in our Website and in the material published on our Website (including the Site Content). The Intellectual Property Rights in our Website and those materials are protected by laws and treaties around the world and all such rights are reserved by us.
  2. We grant you a revocable, non-exclusive, non-transferable, non-sub-licensable, limited right to access, retrieve and display our Website and the Site Content on a computer screen, tablet or smartphone. You may print off one copy, and may download extracts, of any page from our Website for your personal use and reference only provided that you do not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you do not use any illustrations, photographs, or graphics separately from any accompanying text
  3. Other than as set out in condition ‎2.2 above, you must not:
    1. republish material from our Website or any Site Content (including republication on another website);
    2. use, copy, reproduce, upload, post, modify, transmit, or mirror on another website or in any other media, distribute or create derivative works of our Website or any Site Content;
    3. sell, rent or sub-license material from our Website or any Site Content;
    4. show any material from our Website or any Site Content in public;
    5. reproduce, duplicate, copy or otherwise exploit material on our Website or any Site Content for any commercial purpose;
    6. edit or otherwise modify any material on our Website or any Site Content; or
    7. redistribute material from our Website or any Site Content except for content specifically and expressly made available for redistribution and in which case such content is specifically made available for redistribution within your organisation for your internal business purposes only.
  4. Other than as set out in condition ‎2.2 above, we do not grant you any rights or licenses to use our Website or any Site Content.
  5. Our status (and that of any identified contributors) as the authors of material (including the Site Content) on our Website must always be acknowledged.
  6. If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Webite will cease immediately and you must, at our option, return or destroy any copies of any Site Content you have made.
  7. You acknowledge that the names, images and logos identifying “Wholebake” (including, without limitation, the Wholebake trade mark), our affiliated companies, our products and services, or our licensors and their products and services are owned by us, our affiliated companies or our licensors (as applicable). You may not use them without the prior written consent of us and/or our affiliated companies and/or our licensors (as applicable).

Reliance on information posted

  1. Commentary and information posted on our Website is not intended to amount to advice on which reliance should be placed. Subject to condition ‎12.1, we shall not be liable for any loss or damage arising as a result of such reliance by you or any third party.
  2. We aim to update our Website regularly, and may change the Site Content at any time. Any of the material (including the Site Content) on our Website may be out of date at any given time, and we are under no obligation to update such material.

Cookies Policy

We process personal information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all personal information you provide is complete, accurate, up-to-date and not misleading.

Privacy Policy

We use cookies in accordance with our Cookies Policy. By using our Website, you agree to our use of cookies in accordance with our Cookies Policy.

Products

The advertising of products on our Website constitutes an “invitation to treat” – not a contractual offer.

Viruses, hacking and other offences

  1. You must not misuse our Website by knowingly introducing viruses or harmful code. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack or by any other means.
  2. By breaching this condition ‎7, 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 Website will cease immediately.

Prohibited uses

  1. You must not misuse our Website by knowingly introducing viruses or harmful code. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack or by any other means.
  2. By breaching this condition ‎7, 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 Website will cease immediately.

Viruses, hacking and other offences

  1. You may use our Website only for lawful purposes. You may not use our Website:
    1. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
    2. for the purpose of harming or attempting to harm minors in any way;
    3. to send, upload, download, use or re-use any material which does not comply with our Content Standards;
    4. to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (i.e. spam);
    5. to conduct any systematic or automated data collection activities (including without limitation scoping, data mining, data extraction or data harvesting) on or in relation to our Website without obtaining our prior written consent;
    6. for any purpose that in our reasonable opinion damages our reputation or the reputation of our affiliated companies;
    7. for any purpose other than your personal, non-business use;
    8. in any manner which breaches these Terms of Use.

Uploading User Content to our Website

  1. Whenever you make use of a feature that allows you to upload User Content to our Website, or to make contact with other users of our Website, you must comply with the Content Standards (set out in condition ‎10 below).
  2. All User Content you upload or post must comply with the Content Standards and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law and in any jurisdiction). You agree to indemnify us and keep us indemnified on demand against all Losses suffered by, incurred by or awarded against us arising out of or in relation to User Content which does not comply with the Content Standards and/or these Terms of Use.
  3. We will treat all User Content you post and upload to our Website as non-confidential and non-proprietary. You grant us a worldwide, perpetual, irrevocable, royalty free, non-exclusive licence (including the right to grant sub-licences) to use, copy, distribute, reproduce, adapt, translate and publish any and all User Content in any existing or future media (including, without limitation, on our Website, on other websites, on physical products and in promotional and/or marketing material developed, in each case whether developed by us or on our behalf or on behalf of our affiliates).
  4. We may disclose your identity to any third party who claims that any User Content posted or uploaded by you defames them, constitutes a breach of their Intellectual Property Rights, breaches their right to privacy or breaches their other legal rights.
  5. We have the right to remove any User Content or posting you make on our Website if, in our opinion, such material does not comply with the Content Standards and/or these Terms of Use.
  6. You shall only upload and post User Content that complies with the Content Standards and that you either own or have permissions to upload or post.
  7. You represent and warrant on an ongoing basis that you:
    1. are the owner or authorised licensee of all User Content;
    2. have all necessary rights (including, but not limited to, all Intellectual Property Rights) and consents required to publish the User Content and to grant us the rights in the User Content set out in these Terms of Use;
    3. will not upload or post User Content that violates applicable law or regulations;
    4. have all required permissions and consents from any third party whose personal information is included in any User Content; and
    5. will ensure that your User Content complies with these Terms of Use.
  8. You agree to make your User Content available to us in the manner envisaged by these Terms of Use without payment or other compensation to you. We may, at our sole discretion, access, delete, edit or remove any User Content from our Website, without permission of or notification to you. We may (but are not obliged to) monitor your activities (or be alerted to the same) on our Website for any reason.

Content Standards

  1. These Content Standards apply to any and all User Content which you contribute or allow to be contributed to our Website and to any interactive services which may be associated with it from time to time.
  2. You must comply with the spirit of the Content Standards as well as the letter. The Content Standards apply to each part of any User Content as well as to its whole.
  3. All User Content must:
    1. be accurate (where it states facts);
    2. be genuinely held (where it states opinions); and
    3. comply with applicable law and regulations in England and in any country from which it is posted or uploaded.
  4. User Content must not:
    1. be libellous or maliciously false or contain any material which is defamatory;
    2. be obscene or indecent;
    3. infringe any third party Intellectual Property Right(s);
    4. infringe any right of confidence, right of privacy, or right under data protection laws and/or regulations;
    5. constitute negligent advice or contain any negligent statement;
    6. be likely to and/or intended to deceive any person;
    7. constitute an incitement to commit a crime or promote illegal activity;
    8. be in contempt of any court, or in breach of any court order;
    9. be blasphemous;
    10. be in breach of official secrets legislation;
    11. promote or depict violence in an explicit, graphic or gratuitous manner;
    12. be pornographic or contain s*xually explicit material;
    13. be untrue, false, inaccurate or misleading;
    14. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
    15. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
    16. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
    17. constitute spam;
    18. be offensive, deceptive, obscene, threatening, abusive, invade another’s privacy, harassing, menacing, hateful or inflammatory;
    19. promote discrimination based on race, s*x, religion, nationality, disability, s*xual rientation or age; or
    20. be likely to or intended to cause annoyance, inconvenience anxiety, embarrassment, alarment or harassment to any person;
    21. give the impression that it emanates from us, if this is not the case; or
    22. advocate, promote or assist any unlawful act such as (by way of example only) Intellectual Property Right infringement or computer misuse.
  5. Your User Content (including, but not limited to, any product reviews) must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
  6. You must not link any website to our Website or set up a link from our Website to any other website without our prior written consent.
  7. You must not submit any User Content to our Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
  8. We reserve the right to edit or remove any User Content submitted to our Website, or stored on our servers, or hosted or published on our Website.
  9. Notwithstanding our rights under these Terms of Use in relation to your User Content, we do not undertake to monitor the submission of any User Content to, or the publication of any User Content on, our Website.
  1. Failure to comply with the Content Standards constitutes a material breach of these Terms of Use and may result in our taking action against you, including without limitation all or any of the following actions:
    1. immediate, temporary or permanent withdrawal of your right to use our Website;
    2. immediate, temporary or permanent removal of any User Content uploaded by you to our Website;
    3. issue of a warning to you;
    4. bringing legal proceedings against you to recover our Losses arising out of or in connection with your breach, including pursuant to the indemnity you give us in condition ‎9.2 above;
    5. further legal action against you; and/or
    6. disclosure of information by us in respect of the breach to law enforcement authorities as we reasonably believe is necessary.
  2. Condition ‎11.1 above is without prejudice to our general right to withdraw, suspend or amend access to our Website and/or any Site Content in accordance with condition ‎1.2.

Our liability

  1. Nothing in these Terms of Use (including our Privacy Policy and Cookies Policy) excludes or limits our liability for:
    1. death or personal injury arising from our negligence;
    2. our fraud or fraudulent misrepresentation; or
    3. any other liability that cannot be excluded or limited by English Law.
  2. Subject to condition ‎12.1, you use our Website at your own risk. Our Website and the Site Content is provided without any guarantees, conditions or warranties of any kind. We do not warrant that any functions contained in our Website will be uninterrupted or error-free, that defects will be corrected, or that the Site Content will be accurate, relevant or appropriate for your circumstances, purposes or requirements.
  3. Subject to condition ‎12.1 to the fullest extent permitted by law, we expressly exclude:
    1. all conditions, warranties, representations and other terms which might otherwise apply to your use of our Website and/or any Site Content, whether express or implied by statute, the common law or the law of equity;
    2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use, of our Website, the use of or reliance on any Site Content, or use of any websites linked to it, howsoever arising and whether caused by breach of contract, tort (including negligence) or otherwise; and
    3. any liability to you or any third party for the content or accuracy of any User Content by you or any other user of our Website.
  4. Whilst we will use reasonable endeavours to ensure Site Content and any software and/or data made available on or through our Website does not contain any viruses or harmful code, however you understand and agree that any Site Content, software and/or data downloaded or otherwise obtained through the use of our Website is downloaded and used at your own discretion and risk. Subject to condition ‎12.1, you acknowledge and agree that you will be solely responsible for all Losses, including without limitation damage to your own computer system and loss of data arising in connection with the download of any such Site Content, software and/or data.
  5. If our Website contains links to other websites and resources provided outside the www.wholebake.com domain, such links are provided for your information only. Such links are not and should not be interpreted as endorsement by us of those linked websites. We are not responsible for the privacy practices or content of any such linked websites.
  6. Reference to third party products, services, companies and websites on our Website is for information purposes only and constitutes neither an endorsement nor a recommendation.

Changes to our Terms of Use

We may change the whole or any part of these Terms of Use from time-to-time and at any time. Please periodically review our Website and these Terms of Use as your continued use of our Website indicates your agreement to any changes that we make. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website

We may from time to time run competitions and/or promotions form our Website, which shall be governed by separate terms and conditions provided to you by

Assignment

We may transfer, sub-contract or otherwise deal with the whole or any of our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

  1. You may not transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms of Use without or prior written consent.

Severability

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

Exclusion of third party rights

These Terms of Use are between you and us. No other person shall have any rights to enforce any of these Terms of Use.

Entire agreement

  1. These Terms of Use, (including our Privacy Policy and Cookies Policy) set out the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements, arrangements and understandings between you and us in respect of your use of our Website
  2. Subject to condition ‎12.1, each party acknowledges that in entering into these Terms of Use it has not relied on any representation, warranty, collateral contract or other assurance (except those set out in these Terms of Use) made by or on behalf of any other party at any time. Each party waives all rights and remedies which, but for this condition ‎18.1, might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance.

No waiver

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Law and jurisdiction

These Terms of Use will be governed by and construed in accordance with English law, and any disputes relating to these Terms of Use or your use of our Website will be subject to the exclusive jurisdiction of the courts of England and Wales. Without prejudice to the foregoing, we retain the right to bring proceedings against you for breach of these Terms of Use and/or relating to your use of our Website in your country of residence or any other relevant country.

Registrations and authorisations

We are registered and approved as a food manufacturing premises with Denbighshire County Council who can be contacted by telephone on 01824 706101. We hold the SALSA food accreditation which requires our manufacturing, quality and hygiene systems to be audited annually and our membership number is 322. We are also registered with and the relevant products approved by the Organic Food Federation, Vegetarian Society and Coeliac Society. Our UK VAT number is 108 2948 09.

Definitions

Where used in these Terms of use, the following capitalised terms shall have the following meanings:

Content means all information, profiles, reports, materials, feedback, data, submissions, ideas, tags, messages, recommendations, text, material, articles, photos, music, videos, posts, comments, responses, e-mail, audio-visual and other content;

Content Standards means those standards set out in condition ‎10 of these Terms of Use;

    1. all (i) patents, patent applications and related patent rights (including divisions, continuations, continuations in-part, renewals, reissues, and extensions thereof) and other rights in inventions; (ii) rights associated with works of authorship including moral rights, copyrights and registrations thereof; (iii) rights relating to the protection of trade secrets and confidential information; (iv) rights relating to the protection of know-how; (v) rights relating to the protection of trademarks, service marks, trade names business names and logos (including rights in goodwill attached thereto); (vi) rights in internet domain names and website addresses; (vii) database rights; (vii) rights in registered and unregistered designs; (viii) semi-conductor topography rights; (ix) other intellectual property rights; and (x) all priority rights related to the foregoing under applicable conventions, in each case subsisting at any time (whether registered or unregistered);
    2. any pending applications or rights to apply for registrations of any of the rights set out in limb (a) that are capable of registration in any country or jurisdiction; and
    3. any similar or analogous rights to any of the rights set out in limb (a) in any jurisdiction.

Losses means all losses, liabilities (including provision for contingent liabilities), fines, damages, costs and expenses including legal fees on a solicitor/client basis and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties;

Site Content means Content that we have uploaded to and posted on our Website (including Content provided by other users); and

User Content means all Content posted or uploaded onto our Website by you or anyone on your behalf, including, but not limited to, any personal information about you provided by you or collected by us via our Website or otherwise, any blog and any product review.

Web Offer Terms and Conditions

By using the discount codes, customers will be deemed to be bound by and have accepted these terms and conditions. These Terms and Conditions prevail in the event of any conflict or inconsistency any other communications, including advertising or promotional materials.



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