Privacy and Website Terms and Conditions
Use of the Usmoothie.com SiteThe Usmoothie.com Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Usmoothie.com Site you agree to be bound by these Terms and Conditions. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
AmendmentsWe may update these Terms and Conditions from time to time. If you do not wish to accept the new Terms and Conditions you should not continue to use the Usmoothie.com Site. If you continue to use the Usmoothie.com Site after the date on which the change comes into effect, your use of the Usmoothie.com Site indicates your agreement to be bound by the new Terms and Conditions.
Excluded ServicesThe services provided by the Usmoothie.com Site do not include the provision of computer or other necessary equipment to access the Usmoothie.com Site. To use the Usmoothie.com site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
Intellectual propertyThe content of the Usmoothie.com Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Usmoothie.com Site on a computer screen, store such content in electronic form on disk (but not 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 Usmoothie.com Site without written permission from Usmoothie.com.
No licence is granted to you in these Terms and Conditions to use any trade mark of Usmoothie.com.
LimitationsYou may not use the Usmoothie.com Site for any of the following purposes:
• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• gaining unauthorised access to other computer systems
• interfering with any other person's use or enjoyment of the Usmoothie.com Site
• breaching any laws concerning the use of public telecommunications networks
• interfering or disrupting networks or web sites connected to the Usmoothie.com Site
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
Usmoothie.com reserves the right to refuse to post material on the Usmoothie.com Site or to remove material already posted on the Usmoothie.com Site. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
• any claim by any third party that the use of the Usmoothie.com Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Usmoothie.com Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Usmoothie.com Site by you.
Availability of the Usmoothie.com SiteAlthough Usmoothie.com aims to offer you the best service possible, Usmoothie.com makes no promise that the services at the Usmoothie.com Site will meet your requirements. Usmoothie.com cannot guarantee that the service will be fault free.
If a fault occurs in the service you should report it to the Customer Services and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Usmoothie.com Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Usmoothie.com will attempt to restore the service as soon as it reasonably can.
Usmoothie.com's liabilityThe Usmoothie.com Site is provided by Usmoothie.com without any warranties or guarantees. You must bear the risks associated with the use of the Internet. The Usmoothie.com Site provides content from other Internet sites or resources and while Usmoothie.com tries to ensure that material included on the Usmoothie.com Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Usmoothie.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Usmoothie.com Site.
If Usmoothie.com is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following:
• incompatibility of the Usmoothie.com Site with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the Usmoothie.com
• Site unsuitability, unreliability or inaccuracy of the Usmoothie.com Site i
Inadequacy of the Usmoothie.com site to meet your requirementsTo the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Usmoothie.com Site.
Nothing in these Terms and Conditions shall exclude Usmoothie.com's liability for personal injury or death caused by its negligence.
Third Party WebsitesAs a convenience to Usmoothie.com customers, the Usmoothie.com Site may include links to other web sites or material which are beyond its control. Usmoothie.com is not responsible for content on the Internet or World Wide Web pages, or any other site outside the Usmoothie.com Site.
Applicable LawThese Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
International UseUsmoothie.com makes no promise that materials on the Usmoothie.com Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Usmoothie.com Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
MiscellaneousYou may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. 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. If you breach these Terms and Conditions and Usmoothie.com ignores this, Usmoothie.com will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Usmoothie.com shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control. A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Use and collection of personal informationIn general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site to purchase items you may need to register and if so you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
(a)To register you with our website and to administer it
(b)For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
There is a technology called “cookies” which may be used by us to provide you with, for example, customised information from our website. A cookie is an element of data that a website can send to your browser which may then store it on your system. If you wish, you can usually adjust your browser so that your computer does not accept cookies. Please remember cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose on-line and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
PCI DSS compliance – Payment Card Industry Data Security StandardWe only accept credit cards on this website via Paypal and we are fully compliant with the PCI DSS. In particular we undertake an Annual PCI Self Assessment and a Quarterly Network Scan.
GeneralThe Usmoothie.com Site is owned and operated by Usmoothie Ltd a company registered in England and Wales (co. reg. 7255435) whose registered office is at