Terms & Conditions

Last Updated – November 22, 2022.

 

Agreement to Terms 

These terms of use constitute a legally binding agreement between you, whether personally or on behalf of an entity and Podda & Wren Coffee Roasters LTD, concerning your access to and use of the http://www.podda-wren.co.uk website as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto. We are registered in England at our registered office at 35 High Garth, Kendal, Cumbria, LA9 5NR. Our VAT number is GB425831791. Our company number is 14402564. You agree that by accessing our site, you have read, understood and agreed to be bound by all of these terms of use.

We reserve the right, in our sole discretion, to make changes or modifications to these terms of use from time to time. This will be evident when the above ‘last updated’ date is changed. Specific notice to changes are waived. Please ensure you check the applicable terms every time you use our site to ensure you are aware of which terms apply. You will be deemed to be aware of any revised terms of use by your continued use of the website.

The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution would be contrary to law or regulation, to which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our website from other locations, do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Intellectual Property Rights

Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks and logos contained therein are owned or controlled by us, or licensed to us and are protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws of the UK. The content and marks on our website is for your information and personal use only. No parts of the website may be copied, reproduced, aggregated, republished, uploaded, posted, publicly display, encoded, translated, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the site, you are granted a limited license to access and use the website and download or print a copy of any portion of content to which you have properly gained access, solely for personal, non-commercial use. We reserve all rights not to expressly grant you permission to use any of the content or marks on the website.

 

User Representations

By using our website, you represent and warrant all registration information you submit will be true, accurate, current and complete. You will maintain the accuracy of such information and promptly update such registration information as necessary. You have legal capacity and you agree to comply with these terms of use. You will not access the site through automated or non-human means, whether a bot, script or otherwise. You will not use the site for any illegal or unauthorised purpose, usage will not violate any applicable law or regulation.

 

User Registration

You may be required to register for the website dependent on your usage. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.

 

Prohibited Activities

As a user of the site, you agree not to: 

• Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
• Trick, defraud, or mislead us, or other users, especially in attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying any content or enforce limitations on the use of the site.
• Disparage, tarnish or otherwise harm, in our opinion, us or our website.
• Use any information obtained from our website to harass, abuse, or harm another person.
• Make improper use of our support services, or submit false reports of abuse or misconduct.
• Upload or transmit viruses, trojan horses or other material that may damage, impair, alter or interfere with safe use of the website.
• Use data mining or any other similar extraction tools.
• Harass, annoy, intimidate or threaten any of our employees, engaged in providing any portion of our website, to you.
• Copy or adapt the sites software.
• Make any unauthorised use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails.
• Sell or transfer your profile.

 

Contribution License

You agree that we may access, store, process or use any information and personal data that you provide following the terms of the privacy policy and your choices.

By submitting suggestions or other feedback regarding our website, you agree than we can use and share such feedback for any purpose without compensation to you.

 

Review Guideline

We may provide areas on the website to leave reviews or rating. When posting a review, you must comply with the following criteria.

• You should have first hand experience with the product being reviewed.
• Your reviews must not contain offensive profanity, or abused, racist, offensive or hate language.
• Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability.
• Your reviews should not contain references to illegal activity.
• You should not be affiliated with competitors posting negative reviews.
• You may not post any false or misleading statements, or encourage others to do so.

 

Submissions 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the website provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

 

 Third-Party Website and Content

The website may contain links to other websites, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or origination from third parties. Such third-party websites and content are not investigated, monitored or checked for accuracy, appropriateness or completeness by us and we are not responsible for any third-party websites accessed through the site or any third-party content post on, available through, or installed from the site, this includes: content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third-party websites or content. Inclusion of, linking to, or permitting the use or installation of any third-party websites does not imply approval or endorsement thereof by us.

 

If you decide to leave the website and access third-party content, you do so at your own risk and be aware that our terms of use no longer govern. We take no responsibility for your actions on a third-party website.

 

Site Management 

We reserve the right, but not the obligation to monitor the site for violations of these terms of us: Take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms of use, including without limitation, reporting such user to law enforcement authorities; In our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof in our sole discretion and without limitation, notice or liability to remove from our website, or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.

 

Privacy Policy

Please find our privacy policy here: https://www.podda-wren.co.uk/pages/privacy-policy

 

Term and Termination 

These terms of use shall remain in full force and effect while you use the site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking IP addresses), to any person for any reason or no reason, including limitation for breach of representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use of participation in the site or delete your account and any content or information at any time without warning, in our sole discretion. 

If we terminate or suspend your account for any reason, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

 

Modifications and Interruptions

We reserve the right to change, modify or remove contents of the site at any time or for any reasons at our sole discretion without notice. However, we have no obligation to update any information on our website either. We also reserve the right to modify or discontinue all or part of the website without notice at any time. We will not be liable for any modification, price change, suspension or discontinuance of the site.

We cannot guarantee the site will be available at all times, we may experience issues with hardware, software or need to performance site maintenance from time to time. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the site at any time. You agree that we have no liability whatsoever for loss, damage or inconvenience caused by your inability to access or use the site.

 

Governing Law

These conditions are governed by and interpreted following the laws of England, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Podda & Wren Coffee Roasters LTD and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Cumbria County Council, which means that you may make a claim to defend your consumer protection rights in regards to these terms of use in England.

 

Dispute Resolution

To expedite resolution and control the cost of any dispute, controversy or claim related to these terms of use brought by either you or us, the parties agree to first attempt to negotiate any dispute informally for at least thirty days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.

After this, any dispute arising from the relationships between the parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the arbitration and internal rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and which adoption of this clause constitutes acceptance. The seat of arbitration shall be Kendal, England. The language of proceedings shall be in English.

The parties agree that arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding, there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The parties agree that following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration. Any disputes seeking to enforce or protect, or concerning the validity of any intellectual property rights of a party. Any disputes related to or arising from allegations of theft, piracy, invasion of privacy or unauthorised use and claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above and the parties agree to submit to the personal jurisdiction of that court. 

 

Corrections 

There may be information on the site contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time without prior notice.

 

Disclaimer

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express of implied, in connection with the site and your use thereof including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the sites content or the content of any websites linked to the site and we will assume no liability or responsibility for any; errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, resulting from your access or use of our secure serves, and/or any personal information or financial information stored therein. Additionally, any interruption or cessation of transmission to or from the site, any bugs, viruses, trojan horses, or the like may be transmitted to or through the site by any third party. Any errors or omissions in any content and materials or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offer by a third party through the site, any hyperlinked website or any website and/or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

Limitations of Liability

In no event will we or our directors or employees be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

 

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable lawyer fees and expenses, made by any third party due to or arising out of; use of the website, breach of these terms of use, any breach of your representations and warranties set forth in these terms of use, your violation of the rights of the third party, including but not limited to the intellectual property rights or any overt harmful act toward any other user of the site. Notwithstanding the foregoing we reserve the right at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to indemnification upon becoming aware of it. 

 

User Data

We will maintain certain data that you transmit to the website for the purpose of managing the performance of the website, as well as data relating to your use of the site. Although we perform regular routines backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

 

Electronic Communications 

Visiting the site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under the statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

Miscellaneous 

The terms of use and policies or operating rules posted by us on the site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right of provision. These terms of use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of the provision is deemed severable from these terms of use and does not affect validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms of use or use of the site. You agree that these terms of use will not be construed against us by virtue of having drafted them. You hereby waive and all defence you may have based on the electronic form of these terms of use and lack of signing by the parties hereto execute these terms of use.