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NEW FOOD FINANCE LIMITED TERMS OF BUSINESS FOR SUPPLY OF WEB BASED SUBSCRIPTION SERVICES TO CUSTOMERS

This contract sets out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.
In this contract:
• ‘we’, ‘us’ or ‘our’ means New Food Finance Limited; and
• ‘you’ or ‘your’ means the person using our site to buy services from us.
If you have any questions about this contract, please contact us by sending an email to
admin@newfoodfinance.com.

Who are we?

This contract sets out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:
• ‘we’, ‘us’ or ‘our’ means New Food Finance Limited; and
• ‘you’ or ‘your’ means the person using our site to buy services from us.

If you have any questions about this contract, please contact us by sending an email to admin@newfoodfinance.com.

Who are we?

We are New Food Finance Limited, a company registered in England and Wales under company number: 08908911

Our registered office is at: 78 Belle Vue Road, Salisbury, Wiltshire, SP1 3YD.

We licence you to use:
– The New Food Finance software (“Software”) and any updates or supplements to it; and

– The service you connect to via the Software and the content we provide to you through it (“Service”); as permitted in these terms.

The details of this contract will not be filed by us. Please print out or save a copy of this
contract for your records as we will not save a copy for you.

1 Introduction

1.1 If you buy or trial a subscription to use the Software and the Service (“Subscription”) on our website, you agree to be legally bound by this contract.

1.2 For the purposes of these terms, you are a ‘consumer’ if you are buying digital content from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying digital content from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.

1.3 This contract is only available in English. No other languages will apply to this contract.

1.4 When buying or trialling a Subscription on our website you also agree to be legally bound by:

1.4.1 our website terms and conditions and any documents referred to in them;

1.4.2 extra terms which may add to, or replace some of, these terms; and

1.4.3 specific terms which apply to certain services. If you want to see these specific terms, please visit the relevant webpage for the services.

All of the above documents form part of this contract as though set out in full here.

2 Changes to this contract

2.1 We may need to change the terms of this contract to reflect changes in law of best practice or to deal with additional features we may introduce.

2.2 We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the Software.

2.3 If you do not accept the notified changes you may continue to use the Software and the Service in accordance with the existing terms but certain new features may not be available to you.

3. Information we give consumers

3.1 By law, the Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013 say that we must give consumers certain key information before a legally binding contract between you (the consumer) and us is made. If you want to see this key information, please:

3.1.1 read the acknowledgement email (see clause 5.3 ); or

3.1.2 contact us using the contact details at the top of this page.

3.2 The key information we give you by law forms part of this contract (as though it is set out in full here).

 

3.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

4 Your privacy and personal information

4.1 Our Privacy Policy is available at https://newfoodfinance.com/privacy-policy.


4.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

5 Ordering services from us

5.1 Below, we set out how a legally binding contract between you and us is made.

5.2 You place an order on the site by submitting your details and signing up for a Subscription. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.

5.3 When you place your order at the end of the online checkout process (eg when you click on the ‘pay now’ button), we will accept your order when we email you to confirm that your order has been accepted by us (“Confirmation
Email”). At this point:

5.3.1 a legally binding contract will be in place between you and us; and


5.3.2 we will provide the Service and grant access to the Software as agreed during
the online checkout process.


5.4 If you are under the age of 18 you may not place an order from the site.

6 Subscription term

6.1 The Subscription shall continue in force for an initial period of 1 year from the Confirmation Email (the “Initial Term”), whereupon it shall either continue in accordance with the provisions of clause 6.2 or terminate in accordance with the provisions of clause 6.3 .

6.2 On expiry of the Initial Term, the Subscription shall automatically continue for further consecutive periods of 12 months (each a “Further Term”) unless either party has given the other party notice in accordance with clause 6.3 , or unless the contract is terminated sooner in accordance with clause 10 .

6.3 The Subscription shall terminate at the end of the Initial Term or at the end of the then Further Term if either party has given the other one months’ written notice to terminate the contract, such notice to expire either upon the end of the Initial Term of the end or the then Further Term (as the case may be).

7 Support and complaints

7.1 Please contact our customer service team at admin@newfoodfinance.com if:

7.1.1 you want to learn more about the Software or the Service or have any problems using them; or

7.1.2 you think the Software or the Service are faulty or misdescribed; or

7.1.3 if you wish to contact us for any other reason.

8 Subscription trial period

8.1 This clause will apply if you have opted to have a free trial period to use the Service and Software, as set out in detail on our website.

8.2 The free trial shall last for a period of 3 days only. After the 3-day free trial has passed, the regular price for the Subscription will automatically be charged to the same means of payment as you used for the initial transaction.

8.3 For the avoidance of doubt, you will still be bound by the terms of this contract during the free trial period.

9 You may not transfer the software to someone else

9.1 We are giving you personally the right to use the Software and the Service as set out above. You may not otherwise transfer the Software or the Service to someone else, whether for money, for anything else or for free.

9.2 If you sell any device on which the Software or the Service is installed, you
must remove the Software or the Service from it.

10 Right to cancel

(This clause 10 only applies to you if you are a consumer)
10.1 Consumers have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you have requested for us to start providing the Service or grant access to the Software during the cancellation period and this has been fully performed (ie you have accessed the Software or we have provided the Service to you) during this period. This is further explained in clauses 10.5 and 10.6 below.

10.2 The cancellation period will expire after 14 days from the day of the conclusion of the contract.

10.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by email) using the contact details at the top of this page or by submitting such a statement through the Software’s billing portal.

10.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

10.5 We will not start providing the Service or grant access to the Software during the 14-day cancellation period unless you ask us to. When you place an order for the Subscription, you will be given the option to tick a box to request for us to start providing the services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the services are fully performed (ie you have accessed the Software or we have provided the Service to you). If you do not tick the box, we will not be
able to start providing the services to you until the cancellation period has expired. We are not obliged to accept your request.

10.6 This means that if you requested for us to start providing the services during the cancellation period and the services are fully performed (ie you have accessed the Software or we have provided the Service to you) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.

10.7 This does not affect the rights you have if your services are faulty (see clause 19 below).

10.8 We may end your rights to use the Software or to receive the Service at any time by contacting you if you have materially breached the terms of this contract. If what you have done can be put right, we will give you a reasonable opportunity to do so.

10.9 If we end your rights to use the services:

10.9.1. You must stop all activities authorised by these terms, including your use of and
access to the Software and the Service; and

10.9.2. You must delete or remove the Software from all devices in your possession and immediately destroy all copies of the Software which you have and confirm to us that you have done this.

11 Effects of cancellation

(This clause 10 only applies to you if you are a consumer)
10.1 Consumers have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you have requested for us to start providing the Service or grant access to the Software during the cancellation period and this has been fully performed (ie you have accessed the Software or we have provided the Service to you) during this period. This is further explained in clauses 10.5 and 10.6 below.

10.2 The cancellation period will expire after 14 days from the day of the conclusion of the contract.

10.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by email) using the contact details at the top of this page or by submitting such a statement through the Software’s billing portal.

10.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

10.5 We will not start providing the Service or grant access to the Software during the 14-day cancellation period unless you ask us to. When you place an order for the Subscription, you will be given the option to tick a box to request for us to start providing the services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once
the services are fully performed (ie you have accessed the Software or we have provided the Service to you). If you do not tick the box, we will not be able to start providing the services to you until the cancellation period has expired. We are not obliged to accept your request.

10.6 This means that if you requested for us to start providing the services during the cancellation period and the services are fully performed (ie you have accessed the Software or we have provided the Service to you) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.

10.7 This does not affect the rights you have if your services are faulty (see clause 19 below).

10.8 We may end your rights to use the Software or to receive the Service at any time by contacting you if you have materially breached the terms of this contract. If what you have done can be put right, we will give you a reasonable opportunity to do so.
10.9 If we end your rights to use the services:

10.9.1. You must stop all activities authorised by these terms, including your use of and access to the Software and the Service; and

10.9.2. You must delete or remove the Software from all devices in your possession and immediately destroy all copies of the Software which you have and confirm to us that you have done this.

12 Carrying out of the services

12.1 We will carry out the services by the time or within the period agreed during the online checkout process and as set out in the Confirmation Email (see clause 5.5 ). If you and we have agreed no time or period, we will carry out the services within a reasonable time.

12.2 We cannot guarantee that any digital content will be available at any given time, or that access to the digital content will be uninterrupted, error free or secure. For example, access to digital content may be temporarily unavailable while we carry out maintenance or for other technical reasons

12.3 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can start or restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the services as soon as those events have been fixed. We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

13 Updates to the Software and changes to the Service

13.1 From time to time, we may automatically update the Software and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

13.2 If you choose not to install such update or if you opt out of automatic updates, you may not be able to continue using the Software and the Service.

13.3 The Software will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought the Subscription.

14 If someone else owns the device you are using

14.1 If you download or stream the Software onto any device not owned by you, you must have the owner’s permission to do so.

14.2 You will be responsible for complying with these terms, whether or not you own the device.

15 Licence restrictions

15.1 You agree that you will:

15.1.1 Not rent, lease, sub-licence, loan, provide, or otherwise make available, the Software or the Service in any form, in whole or in part to any person without prior written consent from us;

15.1.2 Not copy the Software, or the Service, except as part of the normal use of the Software or the Service or where it is necessary for the purpose of back- up or operational security;

15.1.3 Not translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or Service nor permit the Software or the Service of any part of them to be combined with, or become incorporated in, any other programs, databases or CRM applications, except as necessary to use the Software or the Service on devices as permitted in these terms;

15.1.4 Not use the Software or Service in any form to advertise or offer to sell goods and/or services; and

15.1.5 Comply with all applicable technology control or export laws and regulations that apply to all the technology used or supported by the Software or the Service.

16 Acceptable use restrictions

16.1 You must:

16.1.1 Not use the Software or the Service in any unlawful manner, for any unlawful purposes, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software, the Service or any operating system;

16.1.2 Not infringe our intellectual property rights or those of any third party in relation to your use of the Software or the Service;

16.1.3 Not transmit any material that is obscene, pornographic, defamatory, offensive, criminal (or associated with criminal activity) or otherwise objectionable in relation to your use of the Software or the Service;

16.1.4 Not use the Software or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

16.1.5 Not collect or harvest any information or data from the Software or the Service or our systems or attempt to decipher any transmissions to or from the servers running the Software or the Service.

17 Payment

17.1 We accept credit cards and debit cards. We do not accept cash or cheques.

17.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 4 ) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

17.3 All payments by credit card or debit card need to be authorised by the relevant card issuer.

17.4 If your payment is not received by us in accordance with clause 17.2 , we may charge interest on any balance outstanding at the rate of 8 percentage points per year above the Bank of England’s base rate.

17.5 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 10 and 11 .

17.6 All prices are in pounds sterling (£)(GBP) and exclude VAT.

18 Nature of the services

18.1 The Consumer Rights Act 2015 gives consumers certain legal rights (also known as ‘statutory rights’). The services that we provide to consumers must be carried out with reasonable care and skill. In addition:

18.1.1 where the price has not been agreed upfront, the cost of the services must be reasonable; and

18.1.2 where no time period has been agreed upfront for the provision of the services,
we must carry out the services within a reasonable time.

19 Faulty services

19.1 Nothing in this contract affects consumers’ statutory rights under the Consumer Rights Act 2015. You may also have other rights in law.

19.2 If the Software or Service we have provided to you are faulty, please contact us using the contact details at the top of this page.

19.3 For more detailed information on your statutory rights and what you should expect from us, please:

19.3.1 contact us using the contact details at the top of this page; or 19.3.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 2231133.

19.4 Except as set out in this clause 19, we give no warranties and make no representations in relation to the digital content you access through the Service, and all warranties and conditions whether express or implied by statute, common law or otherwise (including any implied terms relating to quality, fitness for any particular purpose, reasonable care and skill or ability to achieve a particular result) are excluded to the extent permitted by law.

20 End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

21 Limitation on our liability

21.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

21.1.1 losses that were not foreseeable to you and us when the contract was formed;

21.1.2 losses that were not caused by any breach on our part;

21.1.3 business losses; or

21.1.4 losses to non-consumers.

21.2 If our provision of or support of the Software or Service fails or is delayed by an event outside of our control, then we will promptly notify you and will take steps to minimise the effect of the failure or delay. We will inform you of the period for which it is estimated that such failure or delay will continue. We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

22 Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

23 Disputes

23.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

23.2 If a dispute cannot be resolved, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.

23.3 If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.

23.4 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

23.5 Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

24 Intellectual Property Rights

24.1 All intellectual property rights in the Software and the Service and the rights in the Software and the Service are licensed (not sold) to you.

24.2 You have no intellectual property rights in, or to, the Software or the Service other than the right to use them in accordance with these terms.

25 Subcontracting

25.1 We may subcontract any of our rights and obligations under this contract, on the provision that we give you written notice which specifies the subcontracted obligations and rights and identifies the contractor in question.

25.2 You acknowledge and agree that we may subcontract to any reputable third- party hosting business the hosting of the Software and the provision of the Service in relation to the support and maintenance of elements of the
Software.

25.3 You may only transfer your rights or your obligations under this contract to another person if we agree so in writing.

26 Enforceability

26.1 If any provision of this contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this contract will continue in effect.

26.2 If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).