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Terms & Conditions

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1. TERMS AND CONDITIONS
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).
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.
1.3 These Terms and Conditions were most recently updated on (version 25).
2. DEFINITIONS
2.1 In this Agreement, unless the context otherwise requires:
2.1.1 "back of pack" means the information that appears on the retail packaging of any goods or services.
2.1.2 "Health Content" means general information on health, dietary and related matters.
2.1.3 "Health Content Service" means all or any of the services provided by mySupermarket via the Website (or via other electronic communication from mySupermarket) whereby:
2.1.3.1 you have access to Health Content (whether through articles, comments, newsletters, blogs or otherwise);
2.1.3.2 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
2.1.3.3 there is provision of information regarding any of these.
2.1.4 "Health Display Policy" means the rules that we use to display information on the Website or as part of the Service, as to Specific Health Information. They main rules are available here and should be read together with the following Help Pages that appear on the Website as to “The mySupermarket Health Checker” (available here ) ), as to Traffic Light Labelling (available here ) and 5 A DAY Portions (available here ). (We also apply internal rounding rules to calculate 5-a-day portions and to deal with fractions of a portion.)
2.1.5 "Maximiles" means Maximiles Limited, company number 3762049 registered in England with its registered office in August 2007 at Unit 2 Union Court Lofts, 20-22 Union Road, London, SW4 6JP (which registered office may be updated from time to time).
2.1.6 "Maximiles Programme" means the rewards programme operated by Maximiles from time to time.
2.1.7 "Maximiles Service" means all or any of the services provided by mySupermarket via the Website (or via other electronic communication from mySupermarket) whereby:
2.1.7.1 if you comply with the relevant registration requirements set out in this Agreement, you may potentially collect points for the Maximiles Programme; and
2.1.7.2 there is provision of information regarding this.
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:
2.1.8.1 the Health Content Service;
2.1.8.2 the Supermarket Service;
2.1.8.3 the Maximiles Service.
2.1.9 "Software" means any proprietary software utilised by us to enable use of the Service.
2.1.10 "Specific Health Information" means information as to ingredients (including as to fats, saturates, sugars, salt and calories), information as to portions related to ‘5 A DAY’ portions as defined by the National Health Service and the Food Standards Agency, nutritional information and allergies, displayed according to our Health Display Policy.
2.1.11 "Sponsored Items" is defined in Clause 15.6.
2.1.12 "Supermarket" means any supermarket (or other provider of goods and/or services selected by mySupermarket from time to time) who is listed on the Website, including (in alphabetical order), those supermarkets known as Asda, Ocado, Sainsbury's and Tesco.
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:
2.1.13.1 you may obtain information on the Supermarkets and the goods and services they offer; and
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 goods and services; and
2.1.13.3 there is provision of information regarding any of these.
2.1.14 "Website" means the mySupermarket.co.uk website
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.
3. PROVISION OF THE SERVICE AND WEBSITE GENERALLY
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.
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.
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 goods 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.
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 Ltd using the contact number on the Website and we will be happy to discuss this with you.
3.5 Prevention on use: We reserve the right to prevent you using the Website and the Service (or any part of them).
3.6 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.
3.7 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 (whether for the Service or for the Maximiles Programme) or cancel registration at any time.
Rules about use of the Service and the Website
3.8 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.
3.9 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.
3.10 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.
3.11 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.
3.12 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.
3.13 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, relating to the Maximiles Programme or to 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.
3.14 We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds).
3.15 We may at any time withdraw any information (including, without limitation, any Health Content or Specific Health Information), or any Supermarket (or any goods or services of a Supermarket) from the Service.
3.16 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.
Breaking the rules
3.17 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).
3.18 If we suspend the Service or Website, we may refuse to restore the Service or Website until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
3.19 If you break (or anyone other than you, with your connivance breaks) any of the rules in Clause 3, 4, 5, 6, 8 or 9, there may be a degradation in the quality and accuracy of information relating to goods, services, prices and/or other information obtained via the Service (and/or Website) for which we are not responsible.
Your statutory rights
3.20 As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
4. THE HEALTH CONTENT SERVICE
4.1 The Website may content Health Content. Health Content may be updated, altered or removed, from time to time, at any time, without notice to you.
4.2 Health Content is presented for information and discussion purposes only. Specifically and without limitation:
4.2.1 Health Content is in no way intended to replace professional medical, health or nutritional care or advice by a qualified practitioner.
4.2.2 Health Content cannot and should not be used as a basis for diagnosis or choice of treatment or choice of health, nutritional or dietary plan.
4.2.3 Health Content is not exhaustive and cannot always reflect all the most recent research in all areas of medicine and health and nutrition.
4.2.4 We intend that Health Content presents the more commonly found aspects of health, nutrition and diet which are likely to be of general interest, and for editorial reasons may not include certain substantive and commonly found phenomena.
4.3 We strongly advise all users 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.
4.4 Much of the information comprising the Health Content is provided by third parties and we are not in a position to verify this information. We do not warrant that such information is true or accurate.
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.
4.6 We do not conduct independent clinical or other trials of any kind.
4.7 Any comments submitted by you on the Health Content will be moderated by us and we are under no obligation to publish any such comments. In accordance with the ownership of such comments (as to which, please see Clause 10) we may amend or edit such comments as we see fit whether or not we decide to post or publish such comments.
5. THE SUPERMARKET SERVICE
Basic information about the Supermarket Service
5.1 The Supermarket Service (with or without registration with us for the Service) is made available to you solely:
5.1.1 to communicate information to you about Supermarkets and goods and services available at those Supermarkets (including offers available at those Supermarkets from time to time); and
5.1.2 To allow various types of comparisons to be made between Supermarkets and goods and services available at those Supermarkets (including permitting you to obtain estimates from Supermarkets about the contents of a trolley).
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 will not be party to any such 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):
5.2.1 we shall in no circumstances have any liability whatsoever in respect of any such interaction or transaction;
5.2.2 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);
5.2.3 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 goods or services);
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
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 5.22).
5.3 You may not use the Supermarket Service (or the Website) to send more than 7 trolleys in any period of 7 days.
Comparisons, information and data used in the Supermarket Service
5.4 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 all over the Supermarket Service and throughout different places in the Website – in a variety of different ways. When we compare goods and services (whether across different Supermarkets or within the same Supermarket), although we try our best to compare any goods and services (such as 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 goods 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 goods or services rather than others (or at all), the responsibility for doing so is yours alone.
5.5 We will use reasonable endeavours to ensure that the information relating to goods and services, the cost and details of such goods and services (including any offers on them), the Specific Health Information relating to goods 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 goods 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.
5.6 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).
5.7 Please also note that the law places certain restrictions on transactions involving alcohol, and accordingly alcohol must be either ordered by you/delivered by the Supermarket during normal licensing hours.
Changes to prices, offers and delivery slots
5.8 Please note that:
5.8.1 the price of the goods or services are a guide price (and may change between the time of any comparison and the time of delivery);
5.8.2 any offers on goods or services may be withdrawn or altered by Supermarkets at or after the time we make the relevant information available to you; and
5.8.3 the guide prices for goods 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.
5.9 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.
Specific Health Information
5.10 Please also note that for any goods and services, we may or may not display Specific Health Information.
5.11 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.
5.12 However, where Specific Health Information is used or displayed as part of the Website or Supermarket Service (or Health Content Service):
5.12.1 it will be displayed according to the rules set out in our Health Display Policy.; and
5.12.2 it is because we have, in good faith:
5.12.2.1 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
5.12.2.2 extracted that information from “back of pack”. However, 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 Specific Health Information; but we process it according to our Health Display Policy, to allow fair comparison between goods and services.
5.13 With respect to Specific Health Information:
5.13.1 without prejudice to Clause 5.4, we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of that information; and
5.13.2 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.
"Price Checker" alternatives, "Health Checker" alternatives and Equivalents
5.14 Please note that, during your use of the Supermarket Service, the contents of your trolley may be 'checked' by us (incorporating our "Price Checker" and "Health Checker" parts of the Service). This means that we may:
5.14.1 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 trolley and you can decide whether to accept or ignore those items; and/or
5.14.2 offer you alternative items in the sense that we suggest (whether in collaboration with a partner business or not) that you "downshift" 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 trolley and you can decide whether to accept or ignore those items; and/or
5.14.3 offer you alternative items which are more healthy (meaning that the traffic lights Specific Health Information generally show a more healthy alternative on balance, 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 trolley and you can decide whether to accept or ignore those items; and/or
5.14.4 replace 'unavailable items'. These replacement items are automatically put into your trolley and, although you may reject the automatically replaced item, you will then have an item missing in your trolley. By 'unavailable items', we mean:
5.14.4.1 Supermarket 'own brand' items that do not exist in alternative trolleys when you switch Supermarkets; or
5.14.4.2 any items (whether Supermarket 'own brand' items or not) that are out of stock in: i) an alternative trolley when you switch Supermarkets; or ii) a saved trolley when you come back to that saved trolley after a period of time.
5.15 In any event, whether or not items are put into your trolley automatically, you always have the option whether or not to buy such items. Our help files describe this in more detail.
5.16 We identify the alternative offerings and replacements in Clause 5.14 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):
5.16.1 through the functionality of our "Price Checker" for example, you may be offered one brand of cola in place of another brand of cola – if, for example, that other brand is cheaper; or
5.16.2 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!
5.17 You are always free to ignore alternatives suggested by our "Price Checker" functionality and "Health Checker" functionality 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 goods for which you may choose to transact with a Supermarket.
5.18 For the avoidance of doubt, we may offer alternatives and replacements (of the kind we set out in Clause 5.14) throughout different parts of the Website and Supermarket Service.
Groupings
5.19 As part of the Supermarket Service, you can, in places, choose to view goods and services based on different criteria. The criteria may change over time . Where we select the criteria, subject to what we say about Sponsored Items, those criteria will always have an objectively justifiable basis and will be independent of any monies that or may not be paid to us. In some places, you may select the criteria. For example:
5.19.1 The goods and services may appear alphabetically;
5.19.2 The goods 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.);
5.19.3 The goods and services may appear listed in order of different Specific Health Information criteria (e.g. sugar or salt replacements; etc.).
5.20 We will try and display the goods and services based on your chosen criteria, subject to the placement of Sponsored Items which may appear at any position we choose.
Vouchers
5.21 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.
5.22 Certain details of Vouchers:
5.22.1 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
5.22.2 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.
5.23 We make no warranty that any Voucher will work as described or at all. Please also see especially Clause 5.2.
Offers
5.24 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.
5.25 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).
THE MAXIMILES SERVICE
6.1 As part of the Service, we may offer you the opportunity to participate in the Maximiles Programme whereby you receive a certain number of points (depending on the value of the total items in the trolley) in respect of each trolley sent through by you to the Supermarket to complete that shop at the Supermarket. This part of the Service is made available to you solely for your convenience only and as a bonus. There is no cash value attributable to your actual or potential participation in the Maximiles Programme through us or the Website or Service. We shall not offer any cash equivalent for any points awarded or not awarded in relation to the Maximiles Programme. Irrespective of your registration for the Maximiles Programme, any points awarded within the Maximiles Programme as a result of your use of the Service or the Website shall be at our or Maximiles' absolute discretion. Our decision on how many, if any, points to award to you in respect of your participation in the Maximiles Programme on or through the Website shall be final. We may also limit the number of Maximiles miles/points that you are entitled to receive.
6.2 For more details of the likely points to be awarded by us for using the Website, please see further details on the Website, as updated from time to time. If there is any conflict between the number of points or criteria for allocation of points described through the Website or otherwise by us as against anything described elsewhere (including on Maximiles' own website) then the information provided by us for the points available for use of the Service prevails.
6.3 Except for potentially enabling you to collect points for the Maximiles Programme, we will not be involved with any other aspect of the Maximiles Programme, including redeeming the points gained. Any issues that you may have over the operation of the Maximiles Programme shall be a matter solely between you and Maximiles and your participation in the Maximiles Programme shall be subject to the separate terms and conditions of Maximiles. You should check that you agree to Maximiles' terms and conditions before participating in the Maximiles Programme. Specifically:
6.3.1 we shall in no circumstances have any liability whatsoever in respect of your participation within the Maximiles Programme;
6.3.2 we shall in no circumstances have any liability for any act or omission of Maximiles or any other entity involved with the Maximiles Programme including any affiliate (other than us); and
6.3.3 we will not be responsible for any loss, cost or damage incurred by any person arising out of or in relation to any transactions or attempt to enter into any transactions in relation to the Maximiles Programme (including but not limited to failure to transmit or deliver any goods or services).
6.4 Although we try our best to provide information that is accurate, when referring to the Maximiles Programme, we are dependent on data provided by Maximiles. 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 Service on 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 the Maximiles Programme, and any goods or services available or provided through the Maximiles Programme shall rest with Maximiles and that ultimately if you participate in the Maximiles Programme the responsibility for doing so is yours alone.
6.5 We will use our reasonable endeavours to ensure that the information we provide relating to Maximiles Programme and the data on the Website is updated regularly. However, you acknowledge that this information is not updated on a real time basis and that it is your responsibility to verify information concerning all aspects of the Maximiles Programme (other than points available through use of the Website) from Maximiles or Maximiles' website.
6.6 In order to have the opportunity to participate in the Maximiles Programme on or through the Website, you need to either register for the Maximiles Programme or sign-in for Maximiles programme on or through the Website. This is further explained in Clause 9 below.
6.7 Please be aware that until you register or sign-in for participation in the Maximiles Programme on or through the Website for the first time, any points attributed by us to you in respect of the Maximiles Programme may be erased and lost forever. You should therefore register or sign-in for participation in the Maximiles Programme as soon as possible.
6.8 Once you register or sign-in for participation in the Maximiles Programme on or through the Website for the first time, you will automatically have the right to earn points under the Maximiles Programme from that point onwards (subject to anything else in the Agreement to the contrary, including the fact that any points will be awarded by us in our absolute discretion) each time you send your trolley to a Supermarket for as long as our Website is available for Maximiles Programme members to obtain points within the Maximiles Programme.
6.9 Please be aware that there will be a time lag between when you send your trolley to a Supermarket and when the points will appear in your account within the Maximiles Programme. It will normally take at least seven days for the points to be credited in your Maximiles Programme account from when you send your trolley to a Supermarket.
6.10 If we suspect a fraud by or on your behalf, we may share any relevant information about you with Maximiles or any third party.
6.11 Please be aware that your participation in certain other features within the Supermarket Service, including the ability to replace items at a lower price, may impact on the number of points you are able to collect for the Maximiles Programme.
7. PAYMENT
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.
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.
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).
8. YOUR OBLIGATIONS
8.1 A Supermarket and other service providers (such as Maximiles or social network site providers) will have their own applicable terms and conditions, in relation to their own supply of their goods 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.
8.2 You warrant that all information provided on registration for the Service and for use of the Maximiles Programme 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. You agree to make any necessary changes to information relating to your participation in the Maximiles Programme to Maximiles directly. You agree that our provision of registration or sign-in facilities on or through the Website in respect of the Maximiles Programme is merely for convenience in order to get you started to receive the benefits of receiving points through the Website under the Maximiles Programme as soon as possible.
8.3 Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
8.3.1 to send or receive any material which is not civil or tasteful;
8.3.2 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;
8.3.3 to cause annoyance, inconvenience or needless anxiety;
8.3.4 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
8.3.5 for a purpose other than which we have designed them or intended them to be used;
8.3.6 for any fraudulent purpose (including without limitation accruing points within the Maximiles Programme without completing the shop with all items sent by you in your trolley to the Supermarket);
8.3.7 other than in conformance with accepted Internet practices and practices of any connected networks; or
8.3.8 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.
8.4 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:
8.4.1 resale of the Service (or Website) without our prior written consent;
8.4.2 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
8.4.3 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);
8.4.4 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;
8.4.5 executing any form of network monitoring which will intercept data not intended for you;
8.4.6 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;
8.4.7 creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
8.4.8 sending malicious email, including flooding a user or site with very large or numerous emails;
8.4.9 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);
8.4.10 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;
8.4.11 using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;
8.4.12 committing a fraud on Maximiles, by seeking to receive points within the Maximiles Programme without completing the shop with all items sent by you in your trolley to the Supermarket; and
8.4.13 unauthorised use, or forging, of mail header information.
9. REGISTRATION
Registration for the Service
9.1 If you register for the Service:
9.1.1 It enables us to send your trolley for you to your chosen Supermarket so that you can complete your order directly with that Supermarket;
9.1.2 It makes it easier for you to do your shopping in future because the Service will keep a list of everything you have bought in the past (called 'Favourites').
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.
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 e-mail address or any breach of security known to you. You agree that any person to whom its 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.
Registration or Signing-In for the Maximiles Programme
9.4 If you register for the Maximiles Programme on or through the Website:
9.4.1 it enables you to start having points accrued through your use of the Website from that point onwards sent by us to Maximiles; and
9.4.2 it enables you to be a member of the Maximiles Programme generally and (subject to a time delay) have any other rewards made available by Maximiles to you from time to time as part of the Maximiles Programme.
9.5 Registering for the Maximiles Programme on or through the Website involves you giving to us your email address, password for your participation in the Maximiles Programme, first name, last name, address and postcode, and confirmation that you have read and accepted Maximiles' terms and conditions for the Maximiles Programme. We collect that information as Maximiles' agent and pass it to Maximiles.
9.6 If you are already a member of the Maximiles Programme other than registering for the Maximiles Programme on or through the Website, you will merely need to sign-in, which will involve you sending us your Maximiles Programme email and Maximiles Programme password. We collect that information as Maximiles' agent and pass it to Maximiles.
Sign-up for Information
9.7 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.). 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).
9.8 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).
9.9 We will always give you the option to unsubscribe from receiving any information emails.
General Registration rules
9.10 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, moderation 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.
9.11 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 an non-UK user pretends to be a UK user, or disrupts any Services in any way.
9.12 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).
10. INTELLECTUAL PROPERTY RIGHTS
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.
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.
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.
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.
10.5 Subject to Clauses 10.6 and 10.7:
10.5.1 you retain ownership of any proprietary data or proprietary information you submit to the Website or otherwise to us; and
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. We will pass on to Maximiles any data that you give to us in respect of your registration or sign-in for the Maximiles Programme on or through the Website, and we will also pass on details to Maximiles of how many points should be credited to your account within the Maximiles Programme, although we shall not pass on any data to Maximiles about the contents of your shopping basket itself.
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.
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.
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 goods 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.
11. TERMINATION
8.1 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:
11.1.1 you commit any breach of these terms;
11.1.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
11.1.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us, any Supermarket, Maximiles or any person.
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.
12. INDEMNITY
12.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
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
12.1.2 any breach of this Agreement by you.
13. STANDARD OF SERVICE AND LIMITATION OF LIABILITY
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.
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:
13.1.1 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
13.1.2 otherwise in relation to this Agreement or the entering into or performance of this Agreement.
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 3.20).
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.
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.
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.
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.
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.
13.9 Save as provided in Clause 13.3, we shall have no Liability for:
13.9.1 loss of revenue;
13.9.2 loss of actual or anticipated profits;
13.9.3 loss of contracts;
13.9.4 loss of the use of money;
13.9.5 loss of anticipated savings;
13.9.6 loss of business;
13.9.7 loss of opportunity;
13.9.8 loss of goodwill;
13.9.9 loss of reputation;
13.9.10 loss of, damage to or corruption of data; or
13.9.11 any indirect or consequential loss;
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.
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.
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.
13.12 In this Clause 13:
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
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).
14. DATA PROTECTION
14.1 Please see our Privacy Policy here which forms part of this Agreement.
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.
15. ADVERTISEMENTS
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 goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
15.2 You are free to select or click on advertised goods and services or not as you see fit.
15.3 Advertisements displayed on the Website may include Sponsored Items (see Clauses 3.27, 3.28 and 3.29).
15.4 Any advertisements may be delivered on our behalf by a third party advertising company or affiliate network.
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 (including Maximiles) 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.
Sponsored items
15.6 During your use of the Service and the Website, we may display goods or services which have been sponsored. We call these sponsored goods or services: "Sponsored Items".
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 goods and services are sponsored, so that it is clear to you which goods and services are sponsored and which are not.
15.8 You are free to select Sponsored Items or not as you see fit.
16. GENERAL
16.1 Interpretation: In this Agreement:
16.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
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
16.1.3 references to 'include' and 'including' shall be deemed to mean respectively 'include(s) without limitation' and 'including without limitation'.
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.
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.
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.
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).
16.6 Entire agreement: This Agreement (and our Privacy Policy here and our Health Display Policy here ) 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.
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.
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.
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.co.uk or to mySupermarket.co.uk at its address as specified on the Website.
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.
16.11 Survival: The provisions of Clauses 1, 2, 3, 7, 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.
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.
17. WHO WE ARE - SO YOU DON'T FORGET!
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.