Terms and conditions
Terms and Conditions regards using this website.
(1) Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms
and conditions in full. If you disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.
(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and
material on the website. Subject to the licence below, all these intellectual property rights are
reserved.
You may view, download for caching purposes only, and print pages from the website for your own
personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website;
(f) redistribute material from this website except for content specifically and expressly made
available for redistribution (such as our newsletter).
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment
of the availability or accessibility of the website; or in any way which is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or
activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke
logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website
without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
(4) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to areas
of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website
or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
(5) User generated content
In these terms and conditions, “your user content” means material (including without limitation text,
images, audio material, video material and audio-visual material) that you submit to our website, for
whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt,
publish, translate and distribute your user content in any existing or future media. You also grant to
us the right to sub-license these rights, and the right to bring an action for infringement of these
rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights,
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).
You must not submit any user content to the website that is or has ever been the subject of any
threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers,
or hosted or published upon our website.
(6) Limited warranties
Whilst we endeavour to ensure that the information on this website (excluding user content) is correct,
we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains
available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and
conditions relating to this website and the use of this website (including, without limitation, any
warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable
care and skill).
(7) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability
for fraud, for death or personal injury caused by our negligence, or for any other liability which
cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection
with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be
limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-
of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts,
business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our
reasonable control;
(8) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs,
liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a
third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or
suffered by us arising out of any breach by you of any provision of these terms and conditions, or
arising out of any claim that you have breached any provision of these terms and conditions.
(9) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and
conditions in any way, we may take such action as we deem appropriate to deal with the breach,
including suspending your access to the website, prohibiting you from accessing the website, blocking
computers using your IP address from accessing the website, contacting your internet service provider
to request that they block your access to the website and/or bringing court proceedings against you.
(10) Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to
the use of our website from the date of the publication of the revised terms and conditions on our
website. Please check this page regularly to ensure you are familiar with the current version.
(11) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms
and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these
terms and conditions.
(12) Severability
If a provision of these terms and conditions is determined by any court or other competent authority to
be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or
unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect.
(13) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third
party or be enforceable by any third party. The exercise of our and your rights in relation to these
terms and conditions is not subject to the consent of any third party.
(14) Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between
you and us in relation to your use of our website, and supersede all previous agreements in respect of
your use of this website.
(15) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any
disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of
the courts of England and Wales.
(16) Our details
The full name of our company is Mylocal5aDay Limited.
We are registered in England, Wales and Scotland under registration number SC366695.
Our registered address is 1 Causewayend, Linlithgow, EH49 6LW
You can contact us by email to sales@mylocal5aday.co.uk.
Terms and Conditions regards using this service
1. Introduction
These Terms and Conditions govern your relationship with Mylocal5aday Limited (a company registered in
Scotland, Company Registration Number SC366695 and whose registered office is at 1 Causewayend,
Linlithgow EH49 6LW ("Mylocal5aday Ltd", "we", "our" or "us") and all orders that you may make for the
food, drinks and Products advertised for sale by us (the "Products") via the Mylocal5aday Ltd Website,
www.mylocal5aday.co.uk (the "Website"). Please read these Terms and Conditions carefully as they affect
your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do
not order from Mylocal5aday Ltd.
1. Revisions
We reserve the right to revise these Terms and Conditions from time to time as explained further in
paragraph 13 below. Please check periodically for changes. If you do not agree with any of the revised
Terms and Conditions please do not order from Mylocal5aday Ltd. These Terms and Conditions were last
updated on 7th Feb 2010.
2. Registration
2.1. To order from Mylocal5aday Ltd, you must register with us. This is referred to as 'create an
account' throughout our Website and literature. However, this is not a credit account; payment will be
required upon delivery of goods. This account can be set up by following the instructions on the
Website.
2.2. You must ensure that the details provided by you on registration or at any time are correct and
complete.
2.3. You must inform us promptly of any changes to the information that you provided when registering
by updating your personal details, within the order deadlines specified on our Website.
2.5. The personal details you give to us are governed by a strict privacy policy - we will not share
this information with anyone else.
2.6. Following your set up of an account, we will email confirmation of your account set up to you. For
your records, please print or save this email. For your records, please also print or save these terms
and conditions for your future reference.
3. Password and security
3.1. When you register to use the Website you will be asked to create a password. You must keep this
password confidential and must not disclose it or share it with anyone. You will be responsible for all
activities and orders that occur or are submitted under your password. If you know or suspect that
someone else knows your password you should notify us by contacting us immediately. We would also
suggest that you also change your password immediately through the My account section of the Website.
3.2. If Mylocal5aday Ltd has reason to believe that there is likely to be a breach of security or
misuse of the Mylocal5aday Ltd Website, we may require you to change your password or we may suspend or
cancel your account.
3.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for
all activities and orders which are submitted to your account (save as stated in paragraph 8.9 below).
You should therefore only enable auto login on your machine if you are sure that it will not be misused
by anybody else. We do not advise enabling auto login if you use a shared computer.
4. Payment
4.1. You must ensure that Mylocal5aday Ltd are provided with details of a valid credit or debit card
bearing either the Mastercard, Visa, Visa Electron, Delta or Switch symbol.
4.2. Your credit card and payment details will NOT be held on our system; we use a secure external
partner for online card payments
4.3. We reserve the right to suspend deliveries to you and/or terminate our agreement with you if we
are refused authority from your card issuer for payment or we reasonably believe that payment will be
refused. You agree to compensate us in full against any and all reasonable costs and expenses
(including reasonable legal) costs and expenses that we may incur in obtaining payments due from you
that you have not made in accordance with your agreement with us as set out in these Terms and
Conditions.
4.4. If a payment has been rejected by your bank, you will not be able to amend, cancel or add to your
orders via our Website. You must contact us to arrange payment and wait for that payment to go through
before you can make changes to your order through the Website again. You can, however, change orders by
calling or emailing us (contact details are on the Website), during our office opening hours and
subject to our order deadlines.
4.5. If you pay by cheque we cannot guarantee when this will be paid in by us and when the amount will
be taken from your account.
4.6 If paying by cash by leaving it in a secure location for us to collect, we take no responsibility
for that cash until collected by our staff. It is yor responsibility to ensure it is secure.
5. Product purchases
5.1. You must be over the age of eighteen to purchase alcohol from Mylocal5aday Ltd. If you have
ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility
to ensure that a suitable person aged eighteen or older is there to receive the order.
5.2. You may submit orders for Products by using our online ordering facility on the Website at any
time after you have created an account. The facility and our communications to you in relation to any
order or contract will be in the English language. The facility allows you to review your order and
make any corrections before submitting it to us and by submitting the order you confirm that you have
made any such corrections.
5.3. Your submission of an order amounts to an offer to enter a contract to buy the Products from us;
subject to paragraph 5.3, you cannot then withdraw or cancel your order except as stated below.
5.4. No order is accepted from you until you receive email and/or verbal communication from
Mylocal5aday ltd. A contract for our sale of Products to you arises on our acceptance of your order.
5.5. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products
are, however, subject to availability and market conditions and we do not always know if a Product is
or will be available at the time of accepting an order. If we are unable to deliver an item you have
ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be
charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer
a substitute, we will remove the Product from your order so that you are not charged or, if you have
paid already, we will refund you the price. We will, however, bear no liability for unavailability of
Products.
5.7. Ordering a Product from us carries with it the obligation to pay for it unless we receive from you
a cancellation of or change to your orders before the deadlines published on the Website. We are also
happy to inform you of these deadlines by telephone if you wish to call us. You remain responsible for
ensuring that any such change or cancellation is not only transmitted by you, but received by us, in
time for the deadline. We reserve the right to deliver and charge in full for any order unless we have
received notice of cancellation before the published deadline. This deadline is important since,
typically, we make up the deliveries for despatch to you the day before delivery and obtain some of the
Products especially to fulfil your order and may not be able to sell the Products elsewhere. Any
payments you have made for orders which have been properly cancelled will be recredited to you.
5.8. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent
use has been made of your payment card by a person not acting, or to be treated as acting, as your
agent. If you have already made a payment where your payment card has been so fraudulently used, then
you should approach your card issuer for recredit to your card.
5.9. We sell only to end users and our Products are not for re-sale. You warrant that you shall not re
-sell any of the Products.
5.10 All prices for Products are inclusive of any applicable VAT.
6. Delivery of Products and inspection by you
6.1. We will make delivery to your address as stated when you set up an account or update that address.
We reserve the right not to deliver to all locations and we will tell you when you apply to register an
account with us whether we can deliver to your address. You are responsible for making suitable
arrangements to receive your delivery and giving us appropriate instructions. In the event that your
delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will
offer compensation at our discretion. We reserve the right to refuse to accept orders from any
customer; considerations of delivery problems may give rise to such a refusal. Any changes to address
details must be made before the order deadlines published on our Website.
6.2. We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily
or permanently and will tell you if we do so.
6.3. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for
example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier
failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of
course, charge for Products unless or until we have delivered them to you.
6.4. We will not charge you for incorrect Products (Products that you have not ordered and substitutes
for those Products which substitutes are not acceptable to you) or Products which we have not delivered
in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery
is limited to the price of the incorrect Products or the Products not so delivered subject as provided
in paragraph 10 below.
6.5. You must inspect the Products as soon as possible after delivery and notify us promptly if you
find any defects, by calling us, emailing us or writing to us at the telephone number or address shown
on our Website. We will replace or refund you for defective Products. Otherwise our liability is
limited as provided in paragraph 14.
7. Excluded services
7.1. It is your responsibility, at your cost, to obtain computer, internet connectivity,
telecommunications or other necessary equipment or services to access the Website.
8. Availability of the Website
8.1. Although Mylocal5aday Ltd aims to offer you the best service possible, we make no promise that our
Website services will meet your requirements and we cannot guarantee that the service will be fault
free. If a fault occurs in the service, please report it to us (see contact us details) and we will
correct the fault as soon as we reasonably can.
8.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the
introduction of new facilities or services. We will restore the service as soon as we reasonably can.
In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please
notify us of changes to your order via email ( sales@mylocal5aday.co.uk) or telephone (01506 846888).
9. Cancellation rights
9.1. Mylocal5aday Ltd may suspend or cancel any accepted order or your registration immediately at our
reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
9.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you
must stop using Mylocal5aday Ltd's services.
9.3. The suspension or cancellation of your registration shall not affect your and/or our rights or
liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we
received notice of your cancellation, and you will continue to be bound by such orders.
10. Warranties and Mylocal5aday Ltd's liabilities
10.1. Whilst Mylocal5aday Ltd tries to ensure that material included on the Website or in any other
catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is
not the case. Without prejudice to your statutory rights (see paragraph 11, below), Mylocal5aday Ltd
may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies
and/or errors or for the results obtained from the use of such information or for any technical
problems you may experience with the Website.
10.2. We warrant that the products will be of satisfactory quality and, therefore, if the Products
which you purchase from us are faulty or defective you should notify us in accordance with paragraph
6.5. We will examine the Products and, if the Products are faulty or defective we will replace the
faulty or defective Products or refund the price of the faulty or defective Products.
10.3 The warranty in paragraph 10.2 above does not apply to faults or defects which been caused by your
mis-use and/or neglect of the Products or by accidents caused while the Products are in your
possession.
10.4 We will not be liable to you by way of representation (unless fraudulent), common law duty or
under any express or implied term of the contract for: any losses which are not foreseeable by you and
us when the contact for the supply and purchase of the products is formed arising in connection with
the supply of Products and related services or their use by you;
any losses which are not caused by any breach by us; or
business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of
reputation and loss of business).
10.5 Subject to the provisions of paragraph 6.3 and 10.6, our entire liability in connection with the
contract for the supply and purchase of Products and will not exceed the purchase price of the Products
in question.
10.6 Nothing in these Terms and Conditions means that our liability to you for death or personal injury
resulting from our negligence or that of our employees, agents or subcontractors is limited.
10.7. We shall not be liable for any delay or failure in the performance of our obligations due to
events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of
God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment
or supplier failure, road traffic problems, terrorism or war.
11. Your statutory rights
11.1If you are a consumer (an individual acting outside of the course of your business or trade), there
are certain terms implied into your contract with us, which we cannot exclude, or limit (for example,
under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose).
11.2 It is important for you to know that nothing in these terms affects your statutory rights. If you
would like more information on your statutory rights, contact your local Trading Standards Office
(www.tradingstandards.gov.uk) or Citizens Advice Bureau (www.citizensadvice.org.uk).
12. Applicable law
12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of
Scotland.
12.2. The Scottish courts will have non-exclusive jurisdiction over any disputes arising under or in
relation to these Terms and Conditions.
13. Miscellaneous
13.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and
Conditions.
13.2. If any provision of these Terms and Conditions is found to be invalid by any court having
competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full force and effect.
13.3. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from
our contractual relationship with you so that no third party may claim any rights under that
contractual relationship (but this shall not affect any right or remedy of a third party which exists
or is available apart from that Act).
14. Amendments
We may update these Terms and Conditions from time to time by posting the updated Terms and conditions
on our Website in place of these. The changes will apply to the use of the Mylocal5aday Ltd Website
after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not
continue to order from Mylocal5aday Ltd or use the Mylocal5aday Ltd Website. If you continue to use the
Mylocal5aday Ltd Website after the date on which the change comes into effect, your use of the
Mylocal5aday Ltd Website indicates your agreement to be bound by the new Terms and Conditions.
15. Nuts
Mylocal5aday Ltd is a nut handling site.
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