TERMS & CONDITIONS

Effective Date: 13 September 2019

These are Phew Foods’ terms and conditions ("Website Terms of Use") for the use of our digital network, which you may access in several ways, including but not limited to our website as available from time to time. In particular, the website shall mean the digital information network operated by or on behalf of Phew Foods or its parent companies, subsidiaries and affiliates, regardless of how you access the network, as well as any Phew Foods apps ("Website").

The Website Terms of Use, together with the Privacy Policy and Cookie Policy (collectively, "the Terms"), govern your use of the Website, whether as a guest or as a registered user. Use of our Website includes accessing, browsing, or registering to use our Website.

By using our Website, you confirm that you accept the Terms and that you agree to comply with them.

Information About Us and How to Contact Us

We are Phew Foods Limited, a company registered in England and Wales.

• Company registration number: 11185436
• Registered office: 145 City Road, London, EC1V 1AZ
• Email: [email protected]

Intellectual Property Rights

For the purpose of the Website Terms of Use, intellectual property rights ("IPRs") are patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

You acknowledge that, except for duly licensed content, Phew Foods is the sole owner of all IPRs in the Website and all such rights are reserved.

We have proprietary rights in the trademark “ATIS”. You may not use “ATIS” or other marks that are the same or similar to “ATIS” graphics, logos, page headers, button icons, scripts, and service names in connection with any product or service that is not Phew Foods’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Phew Foods.

Except as expressly authorised in this Website Terms of Use, you shall not, with regards to any content accessible from the Website or through our service, do any of the acts restricted by copyright, as defined in the Copyright, Designs and Patents Act 1988 (CDPA), as amended, extended or re-enacted from time to time and including all subordinate legislation made from time to time under the CDPA, unless previously authorised in writing by us.

Acceptable Use

Your use of the Website is for your own personal and non-commercial use only.

You may print extracts from the Website for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any content available from or through the Website for any other purpose without our prior written approval.

You are not allowed to create a database in electronic or paper form comprising all or part of the material appearing or underlying the Site.

Prohibited Use

You agree and undertake not to misuse the Website, for example, by accessing or interfering with it or using a method other than the interface and the instructions that we provide.

In particular, you may not do any of the following while accessing or using the Website:

• Store, distribute or transmit anything through the Website or service that is unlawful, dishonest, fraudulent, libellous, harmful, defamatory, obscene, harassing or racially or ethnically offensive, discriminatory based on gender, religious belief, race, sexual orientation; or in any way breaches the law, statute, regulation, standards, or codes of practice of any relevant authority.
• Use the Site or service in a way that infringes any copyright, trademark or other proprietary rights, irrespective of whether the relevant right belongs to Phew Foods or to a third party.
• Access, tamper with, or use non-public areas of the Website, of Phew Foods’s computer systems, or the technical delivery systems of Phew Foods’s providers.
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
• Damage or alter the Website, or any other system, communication network, device or property.
• Interfere with, disrupt or attempt to gain unauthorised access to the servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks.
• Access or search or attempt to access or search our Website by automated means or otherwise. Crawling and scraping the Website is expressly prohibited.
• Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information.
• Interfere with, or disrupt, or attempt to do so, the access of any account owner, host or network.
• Attempt to disassemble, reverse engineer or reverse compile or otherwise reduce to a human-perceivable form any of the Website.

Termination

If, for any reason, we believe that you have not complied with the Website Terms of Use, we may, at our sole discretion, cancel your access to the registration areas of the Website and/or your account with us immediately and without prior notice.

Linking to Other Websites

For your information and convenience only, the Website may contain hyperlinks to third-party websites. Phew Foods has no control over and does not endorse any content or services displayed, contained or related to those third-party websites.

We make no warranties or representations, express or implied, about third-party websites or any content, products, material or services contained, displayed or related to them.

If you decide to access any third-party websites and make use of the information contained on them or to enter into any contract for the supply of goods or services from such third party, you do so entirely at your own risk. We accept no liability for damage or loss, however caused in connection with the use of or reliance on any information, material, products or services contained on or accessed through any such third-party websites.

Changes to Our Website

We reserve the right to update, change or remove the Website or any part of it at our discretion and without notice. You acknowledge that we shall not be liable to you for any such changes or removal.

Indemnification

You agree to defend, indemnify, and hold harmless Phew Foods, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach of your obligations, representations and warranties under the Website Terms of Use, including (when and if applicable) but not limited to, any breach originated or derived by a user of your account.

Disclaimers

You acknowledge and agree that your use of the Website is at your own sole risk.

The Website is provided “as is” and “as available”.

We limit our warranties to the fullest extent available under applicable law. Phew Foods does not warrant or guarantee that access to the Website will be uninterrupted or error-free.

To the fullest extent permitted under applicable law, we disclaim our liability in relation to:

• any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Website; and
• any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose.

In some instances, content made available on the Website may represent the opinions and judgments of users or third parties. Phew Foods does not endorse nor shall it be responsible or liable for the accuracy or reliability of any statement made on the Website.

This disclaimer of liability applies to any damages or injuries caused by the Website, including, without limitation, those occurring as a result of:

• any error, omission, deletion, or defect in the content available on the Website; or
• any failure of performance, interruption, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data.

Liability

You acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action (contract, tort, negligence, etc.), in no event will Phew Foods or its affiliates, including their respective officers, directors, employees, successors and assignees, be liable to you or any other party for:

• any direct or indirect loss, damage, cost, expense or liability of any kind arising in any way out of or in connection with the availability, use, reliance on, or inability to use the Website;
• damages for business interruption, loss of business or profits, programs, data, goodwill, customers, reputation, anticipated savings or benefits;
• any indirect, special, exemplary, punitive, incidental or consequential loss;
• any loss attributable to errors, omissions, or other inaccuracies in the Website.

Nothing in this legal notice shall exclude or limit Phew Foods’s liability for fraud, death, or personal injury arising out of its negligence.

Changes to the Terms

We may change these Terms from time to time at our sole discretion. Any revised terms and conditions will be applicable at the time of posting on the Website. Continued use of the Website following any changes will be deemed acceptance of the new Terms.

Miscellaneous

Nothing in the Terms is intended to confer on any person any right to enforce any term of the Terms which they would not otherwise have under the Contracts (Rights of Third Parties) Act 1999.

Except for fraud or fraudulent misrepresentation, the Terms constitute the entire agreement between the parties.

If any provision of the Terms is invalid or unenforceable, it shall be modified or deleted as necessary to make it valid, and the rest shall remain in effect.

We shall not be liable for failure or delay due to causes beyond our control (Force Majeure Events).

Failure to enforce any provision is not a waiver of our right to enforce it later.

Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales.
 Each party agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms.