Terms of Service
Terms of Service
Because many of our products are natural food supplements, the statements about the products have not been evaluated by the DEFRA. Avocado Ninja Limited does not engage directly or indirectly in diagnosing, dispensing medical advice, or prescribing the use of any of our products as a treatment for disease or sickness. You should always consult a primary care physician/health practitioner of choice when considering supplementation for health purposes, especially when undergoing treatment for an existing condition. Pregnant individuals should also consult a physician before beginning supplementation.
The information on this website is for informational and educational purposes only. It is not an attempt by the writers or publisher to diagnose or prescribe, nor should it be construed to be such. Readers are hereby encouraged to consult with a licensed health care professional concerning the information presented, which has been received from sources deemed reliable, but no guarantees, expressed or implied, can be made regarding the accuracy of same. Therefore, readers are also encouraged to verify for themselves and to their own satisfaction the accuracy of all reports, recommendations, conclusions, comments, opinions, or anything else published herein before making any kind of decisions based upon what they have read. If you have a medical condition, please consult your medical practitioner.
It is essential to remember that none of the Avocado Ninja employees or directors are:
a medical professional
Only opinions based upon our own personal experiences or information detailed in medical/academic journals or other publications is cited. WE DO NOT OFFER MEDICAL ADVICE or prescribe any treatments. This refers to any form of conversation between Avocado Ninja and our customers.
For any health or medical issues - you should be talking to your doctor - not taking our advice.
Faulty Products: Faulty goods should be returned to us once you have notified us (UK only) and we will sent replacement/repair, during the product warranty period. Please note that with many products Avocado Ninja does not deal directly with warranties/repairs and will pass your details to, or ask you to contact the company that does.
Repairs and replacements will be subject to that company's Terms and Conditions in such cases. However, the first point of contact should any problem arise is with us. If goods returned are found to be without faults, or if a fault is caused by damage or misuse, you will be responsible for paying our collection and subsequent delivery costs before they can be returned to you.
After the warranty period has elapsed from receipt of an order, the customer is responsible for the cost of returning faulty goods. If a fault is found to have occurred due to accidental damage, misuse or expected wear and tear you will be informed of the cost of repair/replacement and return delivery. When payment is received, the goods will be returned to you.
Security is the most significant concerns for both the shopper and the retailer during an online transaction and we have gone to great lengths to ensure our store is as secure as possibly by using the latest technology. In reality, an online transaction is probably more secure than a card transaction in a shop or conducted over the telephone or by fax, as the information transmitted online is strongly encrypted using complicated logarithm combinations.
We use Extended Validation, which is the latest in SSL technology – and involves the most rigorous validation of our website and organisation. An EV SSL certificate will identify the organisation that owns the website – and clearly display this information in your browser.
Extended Validation offers the best protection against phishing attacks. This, coupled with encryption of up to the maximum 256 bit, means you couldn’t be safer shopping online.
We have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this web site. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service. We will not e-mail you in the future unless you have given us your consent. We will also give you the chance to refuse any marketing email from us or from another trader in the future. The type of information we will collect about you includes:
- your name - address - phone number - email address - credit/debit card details
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first. Cookies/ IP Address
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. We also use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to help identify you and to gather broad demographic information.
Our site's registration form requires users to give us contact information, like their name and email address, and unique identifiers. We use customer contact information from the registration form to send the user information about our company. The customer's contact information is also used to contact the visitor when necessary if they have subscribed to the mail list. Users may opt-out of receiving future mailings by choosing to un-subscribe. Unique identifiers are collected to verify the user's identity and for use in our record system.
Our site uses an order form for customers to request information, products, and services. We collect visitor's contact information and unique identifiers. Contact information from the order form is used to send orders and information about our company to our customers. The customer's contact information is also used to get in touch with the visitor when necessary. Users may opt-out of receiving future mailings. Unique identifiers are collected from Web site visitors to verify the user's identity and for use as account numbers in our record system.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All data is protected using the most advanced methods available. We do not store financial information like credit card numbers or personal information like social security numbers on this site.
This site gives users the following options for removing their information from our database to not receive future communications or to no longer receive mail list messages.
- You can send email to us by visiting the Contact Page
This site gives users the following options for changing and modifying information previously provided. You can send email to us by visiting Contact Page
This site may contain links to other sites. We are not responsible for the privacy practices or the content of such web sites.
Competition Terms and Condition
These terms and conditions together with any specific rules set out in below are the Competition Rules ("Rules") and apply to competitions included on the www.avocadoninja.co.uk website ("Competition"), or through any other means of communication between Avocado Ninja and our customers, newsletter subscribers, forum members or blog readers.
By entering a Competition, entrants agree to be bound by these Rules.
- The Competition is organised by Avocado Ninja.
- Rules specific to each Competition are displayed at www.avocadoninja.co.uk/competitions.php web page . In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
- Avocado Ninja reserves the right to cancel or amend the Competition, the Competition Notice or these Rules at any time without prior notice. Any changes will be posted either within the Competition Notice or these Rules. A copy of the Rules may also be obtained by sending a stamped addressed envelope to: Competition Rules, Caan Innovations Ltd, T/A Avocado Ninja, Kemp House, 152 City Road, London, EC1V 2NX - In the event of any dispute regarding the Rules, Competition Notice, conduct, results and all other matters relating to a Competition, the decision of Avocado Ninja shall be final and no correspondence or discussion shall be entered into.
- To qualify to enter the Competition you must be a UK Resident.
- Employees of Avocado Ninja or any company involved in the Competition or any advertising agency or web company connected with Avocado Ninja or any such person’s subsidiary or associated companies, agents or members of their families or households, are not eligible to enter the Competition. Avocado Ninja reserves the right to verify the eligibility of all entrants.
- Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver’s licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire.
- By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.
- Avocado Ninja assumes that by using its site and entering the Competition (and you warrant that) either you have legal capacity to enter the Competition and agree to the Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the Competition and use of these Rules.
- Avocado Ninja reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these terms and conditions.
- In the event that any entrant is disqualified from the Competition, Avocado Ninja in its sole discretion may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.
- Only one entry per person per Competition and per address is allowed.
- Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry.
- Proof of posting cannot be accepted as proof of delivery. Avocado Ninja cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
- Entrants should note that unless stated otherwise, Avocado Ninja does not accept responsibility for the return of any Competition entries, including those consisting of artistic or other material.
- Prize winners will be chosen at random unless specified otherwise in the Competition Notice, from all qualifying entries within 28 days of the closing date specified in the Competition Notice. Tie-breakers will be judged by Avocado Ninja and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and Avocado Ninja shall be final and no correspondence or discussion shall be entered into.
- Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded. Competition winner(s)’ names may be published on the Avocado Ninja website or you can write to Competition Prize Winners, Avocado Ninja, Caan Innovations Ltd, T/A Avocado Ninja, Kemp House, 152 City Road, London, EC1V 2NX naming the specific competition including a self-addressed stamped envelope for a list of winners.
- Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
- Prizes are non-transferable and there is no cash alternative. Avocado Ninja reserves the right to substitute prizes of equal or greater value at any time.
- Prizes are awarded at Avocado Ninja’s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
- Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. Avocado Ninja reserves the right to request written proof of age of any winner.
- All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
Intellectual Property Rights
- In consideration of Avocado Ninja agreeing to consider entrants to the Competition, each entrant hereby assigns to Avocado Ninja the complete copyright and all other rights in any entry, which shall be for the full period of copyright. Avocado Ninja shall be free to assign such rights to third parties.
- Furthermore, any information submitted by you must be personal to and relate specifically to you. You hereby warrant that the information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, Avocado Ninja reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
- Avocado Ninja cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. Avocado Ninja is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Avocado Ninja cannot accept any liability for death or personal injury as a result of its negligence.
Data Protection and Publicity
- Winners may be requested to take part in promotional activity and Avocado Ninja reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.
- Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual’s prior consent.
- The Competition and the terms and conditions of this agreement will be governed by English law.
If we should receive a complaint about any part of our service, by phone, e-mail or letter, then it will be dealt with promptly. We will endeavour to reply within 10 working days, when it will then be dealt with confidentially and effectively.
Avocado Ninja (www.avocadoninja.co.uk) Terms and Conditions
This page (together with the documents referred to on it and any product specific warranties and returns policies as featured on our website) tell you the terms and conditions on which we supply any of the goods and services (Products) listed on our website www.avocadoninja.co.uk (our site) to you.
Please read these terms and conditions and any documents referred to on our site carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions and the relevant documents as noted on our site and referred to in these terms and conditions. You should print a copy of these terms and conditions for future reference. Please tick the box marked "I Agree" in the checkout if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1 INFORMATION ABOUT US
1.1 www.avocadoninja.co.uk is a site operated by CAAN Innovations Ltd T/A Avocado Ninja (we). We are registered in England and Wales under company number 10670078 and with our registered office at Kemp House, 152 City Road, London, EC1V 2NX. Our VAT number is
2 SERVICE AVAILABILITY
2.1 Our site is only intended for use by people resident in the Serviced Countries (EU, Switzerland and USA). We may not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries.
3 YOUR STATUS
3.1 By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old;
3.1.3 You are resident in one of the Serviced Countries; and
3.1.4 You are accessing our site from that country.
3.2 Before starting any weight loss or reduction programme you should make sure that you are not underweight and in any event we advise you to seek medical advice before beginning any weight loss or dietary programme or using any products featured on our site.
3.3 Our site provides advice on diet and is intended to assist users in relation to weight loss and to achieve a healthy diet. We are not a medical organisation and we cannot give medical advice or make any diagnosis. The Purchase of products from out site is subject to the product disclaimer as featured from time to time.
3.4 The material on our site or made available via our site is intended to be used as a general guide in relation to diet and weight loss. We do not provide medical advice or emotional support or assistance on an individual basis or feedback on any information submitted or posted on our site by you.
3.5 Products on our site often contain instructions or directions for use and other safety precautions. Where these are provided you undertake to adhere to all such directions and safety precautions when using the products.
4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5 CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of any of the following Products: • Goods made to your specification; • Perishable goods e.g. fresh produce; • CDs, DVDs, and tapes with software, audio or video which are bespoke to you; • Event tickets
5.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
6 AVAILABILITY AND DELIVERY
6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.2 If you do not receive your order by the due date for delivery (next day for courier, 2 days for 1st class Royal Mail, 3 days for 2nd class Royal Mail, 7 days for international postage) then you must let us know within 7 days of that date so that we can send a replacement. Failure to inform us in this time means we cannot send a replacement.
7 RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8 PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card or through PayPal. We accept card payment with Visa, MasterCard, Solo and Maestro.
9.1 Once purchased tickets for any event cannot be transferred, exchanged, refunded or returned unless the event is cancelled, moved to another date or if details of the event are significantly changed after an order is placed (significant changes being a changed main speaker, venue or date or time).
9.2 If any event is cancelled by the organiser/promoter (i.e. cancellation is because of circumstances beyond our control) we will only refund the face value of the ticket. We will use our best endeavours to contact you either by telephone email or in writing using the details you gave us at the time of ordering and to advise you to return the tickets. Please note, however, that it is your responsibility to check whether the event is going ahead at the scheduled date, time and venue. We cannot guarantee that we will inform you of any changes to these details. We advise you to use special delivery post when returning tickets. On receipt we will refund you with the face value of the tickets using the same method of payment as used by you when you purchased the tickets.
9.3 When an event is cancelled in accordance with 9.2 above, you may choose to ask us to credit the value of the ticket towards the cost of purchase of tickets for an alternative event. We will not do this unless you specifically ask us to do so.
9.4 If we are unable to fulfil your order because:
9.4.1 we do not receive tickets for your order from the event organiser and cannot arrange for tickets to be collected; or
9.4.2 we despatch your order to the wrong address and cannot provide replacement tickets; or
9.4.3 we despatch the wrong order to you; or
9.4.4 we otherwise fail to provide the tickets that you have ordered then we will refund the face value of the tickets including any booking fee charged.
9.5 No duplicate tickets will be issued to replace tickets that you have lost or which are stolen from you.
9.6 The right to admission to any event is reserved by the promoter and the event venue. We will not offer a refund of the cost of any ticket to you if you or any member of your party are refused entry or removed from any venue as a result of late arrival, making unauthorised audio, video or photographic recordings or any other conduct which the promoter or the event venue deems, in its absolute discretion, to justify the refusal to admit or removal.
10 OUR REFUNDS POLICY
10.1 When you return a Product to us:
Because you have cancelled the Contract between us within the 14-day cooling-off period (see our full terms of sale), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day we received the returned product(s) in the same condition in which you received them. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
10.1.2 for any other reason (for instance, because you have notified us in accordance with paragraph 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. You must however return the Products to us in their original undamaged packaging.
10.1.3 If you return a Product to us after the 14-day cooling off period and the Product is not defective then we may issue a refund to you of the price of the Product including the cost of sending the item to you less a 10% re-stocking fee. You will also be responsible for the cost of returning the item to us. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.2 In addition to your rights under clause 10.1, where you are a consumer you may benefit from certain product specific returns policies as included on our site from time to time. If there is any conflict between the provisions of clause 10.1 and the product specific returns policies then the product specific policies shall prevail.
10.3 If you are a business and not purchasing goods as a consumer then:
10.3.1 if you cancel an order before we dispatch the Products to you we will issue a full refund to you less a re-stocking fee of 6% of the order value; and
10.3.2 we will exchange Products which are faulty on receipt by you provided that we are notified within 10 days of receipt of the Products by you and the Products are returned to us in their original undamaged packaging.
11 OUR LIABILITY
11.1 Where you are purchasing products as a consumer, we warrant to you that any Product purchased from us through our site, in the case of goods, is of satisfactory quality and reasonably fit for all the purposes for which goods of that kind are commonly supplied and, in the case of services, will be performed with reasonable skill and care.
11.2 Subject to clause 11.1, the warranty applicable to third party Products supplied by us shall be limited to the warranty offered by the manufacturer of such Product. In addition, there may be certain product specific warranties that are applicable from time to time. Where this is the case these warranties will be featured on our site. If there is any conflict between the product specific warranties and clause 11.1, clause 11.1 shall prevail.
11.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
11.4 This does not include or limit in any way our liability:
11.4.1 For death or personal injury caused by our negligence;
11.4.2 Under section 2(3) of the Consumer Protection Act 1987;
11.4.3 For fraud or fraudulent misrepresentation; or
11.4.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
11.5.1 loss of income or revenue;
11.5.2 loss of business;
11.5.3 loss of profits or contracts;
11.5.4 loss of anticipated savings;
11.5.5 loss of data; or
11.5.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. provided that this clause 11.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories 11.5.1 to 11.5.6 inclusive of this clause 11.5.
12 INTELLECTUAL PROPERTY RIGHTS
12.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
12.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
12.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
12.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors
13 IMPORT DUTY
13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws. 14 WRITTEN COMMUNICATIONS
14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1 All notices given by you to us must be given to CAAN Innovations Ltd, t/a Avocado Ninja at Kemp House, 152 City Road, London, EC1V 2NX OR firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16 TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17 EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 Strikes, lock-outs or other industrial action.
17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5 Impossibility of the use of public or private telecommunications networks.
17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
19.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20 ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
21 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22 LAW AND JURISDICTION
22.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales
TERMS OF WEBSITE USE
1 INFORMATION ABOUT US
1.1 www.avocadoninja.co.uk is a site operated by CAAN Innovations Ltd, t/a Avocado Ninja ("We"). We are registered in England and Wales under company number 10670078 and have our registered office at Kemp House, 152 City Road, London, EC1V 2NX. Our VAT number is GB 8808 104 22.
2 ACCESSING OUR SITE
2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.4 When using our site, you must comply with the provisions of our acceptable use policy.
2.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
3.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4 RELIANCE ON INFORMATION POSTED
4.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
4.2 Because many of our products are natural food supplements or are products intended to supplement a healthy lifestyle the statements about the products have not been evaluated by DEFRA. We have not independently verified any of the statements or claims about the products sold on our site and we do not engage either directly or indirectly in diagnosis or dispense medical advice and we do not prescribe the use of any of our products or following any of our lifestyle courses as a means to cure or treat sickness or disease. As such, all products on our site and you use of our site is subject to our product disclaimer which can be viewed here.
4.3 Our site changes regularly. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
5 OUR LIABILITY
5.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
5.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
5.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
5.1.3 loss of income or revenue;
5.1.4 loss of business;
5.1.5 loss of profits or contracts;
5.1.6 loss of anticipated savings;
5.1.7 loss of data;
5.1.8 loss of goodwill; or
5.1.9 wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
5.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
6 INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
7 TRANSACTIONS CONCLUDED THROUGH OUR SITE
7.1 Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
8 UPLOADING MATERIAL TO OUR SITE
8.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
8.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
8.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
8.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
9 VIRUSES, HACKING AND OTHER OFFENCES
9.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-ofservice attack or a distributed denial-of service attack.
9.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
10 LINKING TO OUR SITE
10.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.2 You must not establish a link from any website that is not owned by you.
10.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
10.4 If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
11 LINKS FROM OUR SITE
11.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12 JURISDICTION AND APPLICABLE LAW
12.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
13 TRADE MARKS
13.1 “Avocado Ninja” is a UK registered trade mark of CAAN Innovations Ltd.
15 YOUR CONCERNS
15.1 If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
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