TERMS OF USE | Good Food Group

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE PLATFORM (DEFINED BELOW). YOU UNDERSTAND AND AGREE THAT, BY ACCESSING OR USING OUR WEBSITE (INCLUDING ANY OF THE SERVICES PROVIDED BY OR THROUGH OUR WEBSITE), YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, WHICH INCLUDE A LIMITED LICENSE, DISCLAIMERS OF WARRANTY, LIMITATIONS OF LIABILITY AND MANDATORY ARBITRATION OF DISPUTES AND CLASS ACTION AND JURY WAIVERS. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, DO NOT USE THE WEBSITE.

Welcome! You have arrived at http://www.thegoodfoodgroup.co.uk and/or are otherwise interacting with our website, which is owned and operated by The Good Food Group Ltd and its subsidiaries and affiliate entities (collectively, “The Good Food Group,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of any online service (e.g., website or mobile app) that posts a link to these Terms (“Site”) and all features, widgets, plug-ins, applications, content, downloads and other services made available through or in connection with a Site, and/or that post or link to these Terms (collectively, including all Sites), regardless of how you access or use them, whether via computer, mobile device or otherwise.

These Terms are an agreement between you (i.e., a corporation, business, other entity, or natural person who develops or supplies products for sale to retailers (“Supplier”), a retailer (“Retailer”), or a service provider or vendor (“Vendor”) (collectively with the Supplier and Retailer, “you” or “your”) and The Good Food Group, and sets forth your rights and obligations with respect to the use of our website.

Each time you access and/or use our website, you agree to be bound by and comply with these Terms and any Additional Terms (defined below). Therefore, do NOT use our website if you do not agree with these Terms or any Additional Terms. The business realities associated with operating the website are such that, without the conditions that are set forth in these Terms – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the mandatory arbitration of certain disputes – we would not make our website available to you.

In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of our website or to a service or product offered via the website (in each such instance, and collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the Platform’s Privacy Policy, which you accept by using our website.

Data & Privacy.

In the course of using our website (including services or functionalities made available on or through the website), you may provide certain personal information to us and we may otherwise collect information about you or as a result of your use of the website. The Good Food Group’s policies for collection, use, and disclosure of such information are set forth in our Privacy Policy (“Privacy Policy”). Our Privacy Policy is incorporated herein by this reference. You agree that we may collect data related to an end user’s use of the website, including product(s). Our data collection, use and disclosure practices are described more fully in our Privacy Policy, including the use of log information and cookies and other tracking technologies that record device or other persistent identifiers and usage information about end users. When an end user visits a page on the website, we may deploy tracking technologies on our own behalf or on behalf of one of our data partners to record information about how an end user uses the web, such as the web search that landed the end user on a particular page, categories of the end user’s interests and third-party site visitations by the user’s device. We may use that data to target actions and advertising and promotional material toward the end user or Retailer or authorise others to do the same. Any and all data collected by The Good Food Group as a result of your use of or access to the website (including, without limitation, data concerning the sale of products and related transactional and marketplace data), but excluding any data consisting of User-Generated Content (as defined below) and any personal information, is, to the extent permitted by applicable law, owned exclusively by The Good Food Group. Additionally, any and all anonymised and aggregated data created based on or using User-Generated Content or personal information is owned exclusively by The Good Food Group. You acknowledge and understand that The Good Food Group may, subject to applicable law and without compensation to you, use The Good Food Group-owned data in any manner for its business purposes.

Content, Ownership, Limited License, and Rights of Others.
Content.
(i) materials and other items relating to The Good Food Group and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of our website, and the compilation, assembly, and arrangement of the materials of the website and any and all copyrightable material (including source and object code);
(ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of The Good Food Group (collectively, “Trademarks”); and
(iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
Ownership. Our website (including past, present, and future versions), including all Content, are owned by The Good Food Group and, as applicable, our licensors and certain other third parties. All right, title, and interest in and to the Content is the property of The Good Food Group or our licensors or certain other third parties, and is protected by UK and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Without limiting the foregoing, The Good Food Group owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the website.
Limited License. Subject to your strict compliance with these Terms and the Additional Terms, The Good Food Group grants you a limited, non-exclusive, revocable, non-assignable, non-sublicensable personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print the visible Content (excluding, for the avoidance of doubt, all source and object code, in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only and, in any event, in accordance with all related documentation or restrictions posted on the website or otherwise provided by The Good Food Group. The foregoing limited license
(i) does not give you any ownership of, or any other intellectual property right or interest in, any Content, and
(ii) may be immediately suspended or terminated for any reason, in The Good Food Group’s sole discretion, without advance notice or liability.
In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the website.
Rights of Others. In using our website, you must respect the intellectual property and other rights of The Good Food Group and others. Your unauthorised use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Any unauthorised use of any Content is prohibited and may be prosecuted to the fullest extent of the law. The Good Food Group respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Platform, then please contact us via. info@thegoodfoodgroup.co.uk for further advice.

3.Notices, Questions and Customer Platform

You agree that:
(1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the website, or in another reasonable manner; and
(2) we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address by updating your account settings.
All legal notices to us must be sent to Pleasley Vale Business Park, G2, Mill, 3 Outgang Ln, Pleasley, Mansfield, Nottinghamshire, United Kingdom NG19 8RL.

If you have a question regarding using our website, you may contact The Good Food Group Customer Support by sending an e-mail to info@thegoodfoodgroup.co.uk. You acknowledge that the provision of customer support is at The Good Food Group’s sole discretion and that we have no obligation to provide you with customer support of any kind.

3.Third-Party Sites; Dealings with Third Parties

Third-Party Content and Sites. Our website may contain third party plug-ins and/or applications, and/or links to third-party websites that are not owned, controlled or operated by The Good Food Group may also include links to third-party ads on the website or otherwise, to or from third-party websites (collectively, “Third-Party Sites”), including websites operated by Retailers, licensors, licensees, and certain other third parties who may have business relationships with The Good Food Group. The Good Food Group has no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and The Good Food Group does not assume any obligation to review any Third-Party Sites. The Good Food Group does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, information, materials, products, services, or other items. Furthermore, The Good Food Group is not responsible for the quality or delivery of the services offered, accessed, obtained by or advertised at such Third-Party Sites. Finally, The Good Food Group will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within any Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. The Good Food Group disclaims all liability in connection therewith.

4.Updates to Terms

These Terms (or, if applicable, Additional Terms), in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered during such use).

AS OUR WEBSITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE WEBSITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE WEBSITE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU USE THE WEBSITE, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN-APPLICABLE TERMS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER OR MODIFIED TERMS BY POSTING THEM ON THE WEBISTE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE WEBSITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING-FORWARD AGREEMENT TO THE OTHER OR MODIFIED TERMS WITH RESPECT TO YOUR USE AND TRANSACTIONS.

Therefore, you should review the posted Terms and any applicable Additional Terms each time you use the website. Modified Terms will be effective to your use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the website will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the e-mail you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Terms by discontinuing all use of the Platform and related services.