END-USER LICENSE AND TERMS OF SERVICE
Please read the following end-user license agreement and terms of service (“Agreement”) carefully.
If you do not agree to be bound by this Agreement, then you may not use the Services.
Gopuff reserves the right to modify this Agreement at any time without prior notice. You will be subject to the Agreement in force at the time a contract is formed between you and us (as set out in the section titled "Our Agreement With You"). Subject to the above, you agree that each visit you make to the Site or the App will be subject to the then-current Agreement, and continued use of the Services now or following modification of this Agreement confirms that you have read, accepted, and agreed to be bound by such modifications. The term “you” or “user” shall refer to any person or entity who uses, downloads, accesses, browses the App or the Site or uses or receives any Services.
Information about us and how to contact us.
Who we are. We are GoBrands UK Holdings Ltd. a company is registered in the United Kingdom ("Gopuff", "we" or "our"). Our company registration number is 12793914 and our registered office is at 48 Hoxton Square, London, N1 6PB. Our registered VAT number is GB361555301.
How to contact us. You can contact us by writing to us at email@example.com.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you using the telephone number or the email address or postal address you provided to us in your order.
Products and Regulatory Compliance. You agree that your use of the Services, the purchase of any of the products contained on the App or the Site (“Products”), delivery of the Products, and/or your use of the Products will not violate any local, regional, state, national or federal laws and regulations applicable to you (the “Laws”). You further certify that the intended use of the Products will not be as drug paraphernalia. Gopuff does not promote the use of controlled substance. The Products are solely for personal use and nothing in the Site or the App shall be construed as condoning or promoting the use of any controlled or illegal substance.
Consumers only. Our Products are only intended for use by consumers (that means people who want to buy our Products for their personal use and not for any business purposes). We reserve the right to reject or cancel your order if we reasonably think that you are buying our Products for business purposes but we will attempt to contact you (using the contact details you have provided) to discuss this before cancelling your order.
Age restrictions. We are committed to upholding our legal obligations as a responsible retailer. The Services are intended for adult users only. By viewing, using or accessing the Services, you certify that you are at least 18 years of age and will provide photo identification upon delivery to verify your age. You agree that you will not furnish age-restricted products obtained through Gopuff to any person who is not over the age of 18.
Confirmation of personal status. By placing an order with us through our App and/or Site, you are confirming to us that you are a consumer, that you are not purchasing our Products for any business purposes and that you are at least 18 years old.
Our Agreement with you. Each time you place an order and we accept it, a new Agreement is created between you and us. We will provide confirmation of receipt and acceptance of your order by email sent to the address you provided once we have received your order, at which point the Agreement will come into existence between you and us.
Products. The Product information contained on our Site and/or App has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected Products, or if your order has already been accepted, not to supply the affected Products to you. We will notify you if this is the case and will not charge you for the Product.
As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages”). You acknowledge that, when you use the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from Gopuff.
License Grant. Subject the limitations contained in this Agreement, your compliance with this Agreement and your payment of any applicable fees, Gopuff hereby grants to you, subject to the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable, non-sublicensable, personal license to access and make personal and non-commercial use of the Services (including updates and upgrades that replace or supplement the Services in any respect and which are not distributed with a separate license, and any documentation) on a mobile device or computer that you own or control, subject to the limitations set forth below. This license does not include any resale or commercial use of any Service, or the Products; any collection and use of any Product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Agreement does not permit you to install or use the App on a mobile device that you do not own or control and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
All rights not expressly granted to you in this Agreement are reserved and retained by Gopuff or its suppliers, rightsholders, or partners. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gopuff. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gopuff without express written consent. You may not use any meta tags or any other "hidden text" utilizing Gopuff's name or trademarks without the express written consent of Gopuff. You may not misuse the Services. You may use the Services only as permitted by applicable law and this Agreement. The licenses granted by Gopuff terminate if you do not comply with this Agreement.
License Limitations. You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Gopuff. Except as specifically permitted herein or expressly authorized in writing by Gopuff, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (b) use the Services in any service bureau arrangement; (c) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c). You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (iii) use any means to discover the source code or to discover the trade secrets in the Services; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of Gopuff. If you breach these restrictions, you may be subject to prosecution and damages.
Terms of Service. You agree that: (a) you will not use the Services if you are not fully able and legally competent to agree to the terms of this Agreement; (b) you will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (c) you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam”; (d) you will not use the Services to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the network, (f) you will not try to harm the Services in any way whatsoever; (g) you will not copy, or distribute the Services or other content without written permission from Gopuff; (h) you will only use the Services for your own use and will not resell them to a third party; (i) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (j) you will only use an access point or 3G/4G/5G data account which you are authorized to use; (k) you will provide us with whatever proof of identity we may reasonably request; (l) you will provide our delivery partner with your valid photo ID when the delivery arrives that proves that you are the requisite age for age-restricted Products, and, if such ID was not issued by the country or state in which such delivery occurs, upon request, you will provide such other form(s) of identification as may be requested by the delivery partner; (m) you are aware that a non-refundable restocking fee (“Restocking Fee”) will be automatically charged to you if your delivery of age-restricted Products has been declined due to your failure to provide a valid photo ID or form of identification as described above. Gopuff shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in this Agreement or to comply with applicable laws. Gopuff explicitly reserves the right to refuse access to the Services at any time without notice for your failure to abide by the terms as set forth in this Agreement or to comply with applicable laws.
Fees. Any fees which Gopuff may charge you for the Services are due immediately. When you initiate a transaction with us, Gopuff’s third party payment processor will authorize your credit or debit card for the full amount of your purchase. We may decline an order if such authorization fails, we are out of stock or your order cannot be served due to other reasons (e.g. you are ordering delivery of certain Products outside of the authorized time windows for delivery under applicable laws). If your order is declined by us but any fees have been charged by us for such order, you will receive a full refund. If your order is canceled by you after it has been sent for delivery, you will receive a full refund, less the Restocking Fee if applicable pursuant to the preceding section of this Agreement. A full refund may be issued by Gopuff for any reason. Gopuff, at its sole discretion, may make promotional offers with different features and different rates to any customer. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the Services in our sole discretion, provided that no such change shall impact orders accepted by us prior to the publication of the change.
Reservation of Rights. All proprietary rights not expressly granted to you in this Agreement are reserved and retained by Gopuff or its suppliers, rightsholders, or partners. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gopuff.
Account and Password. If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. Gopuff reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders for your failure to abide by the terms as set forth in this Agreement or to comply with applicable law.
No Third-Party Rights. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the Agreement or to make any changes to the Agreement.
Third Party Materials. Our Site and/or App may from time to time contain links to certain third-party websites. Such websites are not under Gopuff's control and Gopuff is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such websites. Gopuff does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party websites. Queries about such websites should be directed to their operators. Please check the websites’ terms and conditions before you use them.
Our responsibility for loss or damage suffered by you.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the terms of this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or not caused by us breaking the Agreement. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew that it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under applicable legislation.
We are not liable for business losses. We only supply the Services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Right to refuse an order and/or delivery. Gopuff reserves the right to deny the sale and/or delivery of any Product, which it reasonably determines may or shall violate applicable laws. The exercise of this right does not alleviate, amend, eliminate, or abridge your obligation to adhere to applicable laws, nor does it impose an affirmative responsibility on Gopuff to verify your adherence to applicable laws.
Access to our App and/or Site. Gopuff does not guarantee that (a) operation of the Services will be uninterrupted or virus- or error-free, (b) the Services will operate or be compatible with any other application or any particular system or device, or (c) the App will be available for reinstalls on the same or multiple devices.
To the extent not prohibited by law, you agree that in no event will any Gopuff entity be liable for indirect, special, exemplary, incidental, consequential or punitive damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. For the avoidance of doubt, this clause shall not apply to you if you are based in the UK.
Ownership. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other applicable laws. You acknowledge and agree that Gopuff and/or its licensors own all right, title and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Gopuff’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of this Agreement.
Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Gopuff by you (collectively “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Gopuff or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Gopuff. You agree that, by submitting any Feedback or Revisions, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Feedback and Revisions (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Feedback and Revisions.
Our rights to end the Agreement. This Agreement is effective until the earlier of the date that you uninstall the App, you fail to comply with any term of this Agreement or Gopuff ends this Agreement. Gopuff may suspend your account(s), cease providing you with all or part of the Services or end the Agreement at any time for any reasonable cause, including, but not limited to, if we reasonably believe: (a) you have violated this Agreement, (b) there is any type of suspicious activity, (c) someone else is using your account, (d) you are mistreating our delivery partners, or (e) you are claiming refunds to which you are not entitled.
Export Laws. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Gopuff hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.
Taxes; Delivery Charges. Our prices are inclusive of applicable taxes, such as VAT and excise duties (if any). Delivery charges will be calculated at checkout.
Injunctive Relief. You agree that financial compensation alone may not be adequate for us if there is a breach or threatened breach of the Agreement and that we are entitled to seek all remedies available to use (including, but not limited to, injunctions and requiring you to do certain things) to stop you using our Site and/or App in breach of the Agreement.
Which laws apply to this Agreement and where you may bring legal proceedings. These terms and conditions shall be governed by English law, and you may bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or English Courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English Courts.
Amendments to this Agreement. This Agreement may not be modified by you except in writing and executed by the duly-authorized representatives of Gopuff.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
We may transfer this Agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement.
Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Agreement and receive a refund for any Products you have paid for but not received.
Promotional Discounts and Codes
We may offer promotional discounts and codes from time to time. All such promotional discounts and codes are offered in our sole and absolute discretion, may have additional conditions specific to such discount or code and are subject to the other terms of the Agreement. We reserve the right to modify or suspend any promotional discount or code at any moment in our sole discretion.
Products may be ineligible for such discounts and promotional codes due to applicable legal restrictions or otherwise in our sole and absolute discretion. Tobacco, infant formula and gift cards are restricted from promotional discounts and codes, and alcohol is restricted in Wales.
Promotional discounts and codes are not transferable. Each promotional discount and code may be used only once per order and per customer unless explicitly stated otherwise. Any attempt to manipulate our site or our promotional discounts and codes including by use of bulk entry by third parties or syndicates or IP address manipulation will render the order and relevant promotional discount and code invalid. We are entitled to take all reasonable steps to protect ourselves against fraudulent or invalid promotional discounts and code usage including closure of accounts we reasonably believed have engaged in such activity.
PUFF POINTS REWARD PROGRAM T&CS
By participating in the Program, you agree to these T&Cs.
If you do not agree to these T&Cs, you may not participate in the program. For the up-to-date version of the T&Cs, please visit https://www.gopuff.com/go/terms-and-conditions.
You agree that we may provide notices, disclosures and amendments to these T&Cs, and other information relating to the Program by electronic means, including posting such information and materials online at https://www.gopuff.com/go/terms-and-conditions.
PROGRAM PERIOD: This Program will continue until terminated, suspended, modified, and/or converted to another program by Sponsor, as determined by Sponsor in its sole discretion.
ELIGIBILITY: To be eligible for the Program, you must have a valid customer account with Sponsor, have a physical address located within a valid Sponsor delivery zone, and be eligible to make purchases and receive services from Sponsor. The Program is not targeted towards, nor intended for use by, anyone under the age of eighteen (18). If you are under eighteen (18), you may access and participate in the Program only under the supervision of a parent or legal guardian who agrees to be bound by the terms of these T&Cs. To enroll in the Program, you must create a valid customer account with Sponsor and make a valid purchase from the Site or the App. Creation of a customer account may require that you provide the following information: telephone number, e-mail address, physical address, and payment information. Once you have a customer account, you are automatically enrolled in the Program and start earning Puff Points (as defined in the section titled "Earning Points") just by ordering. You must provide true, accurate and complete information as required, and you must keep your account information up to date at all times. You may not create an account using another person’s name or information, including e-mail address and/or telephone number. You are solely responsible for the activity that occurs on your account and for keeping your account password secure. You may never use another person’s account or registration information for the Program without permission. You must notify us immediately of any breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating points for combined use.
EARNING POINTS: Once you become a Member, you can begin earning Program points (“Puff Points”) by purchasing items on the App or the Site. The Rewards that are available to you through the Program are based on the number of Puff Points that you earn. Each product that is available on the App and the Site is assigned a point value, determined in Sponsor’s sole discretion. Delivery fees, tips, taxes, and other charges do not count towards earning Puff Points. Accrued Puff Points do not expire, as long as you have an active customer account with Sponsor.
Complete details and descriptions of eligible Program activities, how to earn Puff Points in the Program, Puff Point values for each product, and Puff Points needed to redeem Rewards will be available on the Site and the App. Note that eligible activities and the Puff Point values for products and activities are subject to change at any time in Sponsor’s sole discretion, but no change will be considered effective until such changes have been published on the Site and App.
You expressly agree that Sponsor shall not be responsible for the loss of any Puff Points and/or Rewards that can be obtained through the Program, regardless of monetary value, in the event there is any catastrophic data or server error, criminal act, vandalism, cyber-attack or other events outside our reasonable control which make it impossible for Sponsor to determine the number of Puff Point totals for any account or accounts.
Sponsor reserves the right to suspend, terminate, revalue or modify, without liability, or notice to Members, all or part of the Puff Points value structure and offers and any merchandise or service. Subject to the terms hereof, Sponsor reserves the right to adjudicate all Puff Points discrepancies in its sole discretion, and the Members agree to abide with any such adjudication.
Purchases made before the Program begins or after Program ends will not be eligible. Puff Points will be posted to your account upon completion of eligible orders. Once posted to your account, all Puff Points will be immediately available for redemption. Sponsor may freeze or eliminate Member’s account if fraudulent activity is suspected and/or if purchases are not directly related to Member’s own purchasing activity.
There are no participation or membership fees associated with the Program. Puff Points accrued in connection with the Program are promotional, have no cash value and cannot be redeemed for cash. If you terminate or otherwise delete your Sponsor customer account, all Puff Points earned prior to such termination shall be deemed void, and you will not have the ability to redeem those Puff Points for Rewards.
POINTS REDEMPTION: Puff Points may be redeemed for Rewards listed on the Site and App. Rewards are available only while supplies last, and quantities may be limited. Sponsor may change at any time, and from time to time, the available Rewards without notice. Member will not be able to redeem Puff Points for a Reward if Member has insufficient Puff Points for such Reward. Any items received as a result of redemption of Puff Points may not be exchanged or returned for cash or credit.
Members can choose to redeem Rewards for which they have accumulated a sufficient number of Puff Points, or they can continue making purchases to continue accumulating Puff Points in order to redeem Rewards for which a greater number of Puff Points is required. You may only redeem one (1) Reward at a time. When a Reward is redeemed, it becomes active on the Member’s account. Each active Reward must be used before another Reward can be redeemed. If an active Reward is not used within the time period indicated by Sponsor, it will expire and be deemed void.
REWARD CONDITIONS: The Program and/or the Rewards are void where prohibited by law. If a Reward becomes unavailable, Sponsor may substitute a prize of equal or greater value. Rewards are not redeemable for cash. Your Puff Points and Rewards are personal to you and may not be sold, transferred, or assigned to or shared with, family, friends or other third parties or used by you for any commercial purpose. Sponsor makes no warranty in any respect as to any Rewards, merchandise or service available within the Program.
CHANGES; TERMINATION: Sponsor may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of your account, the Program, Puff Points, and/or any Reward at any time, including the availability of any Reward, without notice. Sponsor may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these T&Cs, or for taking any actions that are inconsistent with the intent of these T&Cs. If you violate any of the provisions contained in these T&Cs, Sponsor reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any accounts you have created using the Program. You agree that Sponsor need not provide you notice before terminating or suspending your account. Sponsor reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program, if Sponsor deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these T&Cs; (b) damaging, tampering with or corrupting the operation of the Program, Site or App; (c) acting with intent to annoy, harass or abuse any other person; (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Program. Any decision Sponsor makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Sponsor shall be the sole determiner in cases of suspected abuse, fraud, or breach of these T&Cs or intent of these T&Cs.
Breach of these T&Cs: When a breach of these T&Cs occurs, we may take such action as we consider appropriate in the circumstances, including but not limited to, taking legal proceedings against Member for reimbursement of all costs, including attorney’s fees and costs, arising from, or related to any breach by Member of any of these T&Cs or any violation by Member of applicable law.
GOVERNING LAW; DISPUTE RESOLUTION: The provisions in the End-User License on Governing Law and Dispute Resolution are incorporated herein by reference.
SEVERABILITY. If any provision or part of a provision of these T&Cs is unlawful, void or unenforceable, the remaining provisions will remain in full force and effect.
Our responsibility for loss or damage suffered by you:
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these T&Cs, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these T&Cs or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or not caused by us breaking the T&Cs. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew that it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights. To the fullest extent permitted by applicable law, no responsibility or liability is assumed by the Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Program and/or Site or App: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or other communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Site or App in whole or in part for any reason; traffic congestion on the Internet or Site or App; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Program. Without limiting the foregoing, and to the fullest extent permitted by law, everything on the Site and App is provided “as is” and we make no representation as to the quality, completeness or accuracy of any content made available on the Site and/or App. All conditions, warranties and other terms which might otherwise be implied by applicable law, course of dealing or the law of equity are, to the extent permitted by applicable law, expressly excluded.
NO WAIVER: If we do not insist immediately that you do anything you are required to do under these T&C, or if we delay in taking steps against you in respect of your breach of these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
SPONSOR: GoBrands UK Holdings Ltd., 48 Hoxton Square, London, N1 6PB
CONTACT: If you are having difficulty accessing or navigating the Site or App or have other questions about the Program, please send an e-mail to firstname.lastname@example.org.