Terms and conditions

Terms of Use

These Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, GoGetters.co.uk (our website). By using our website, you agree to be bound by, and to comply with, these Terms of Use.

These Terms of Use are effective from 22/05/2018.

Please read these Terms of Use carefully. We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time.

If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website.

 

Contents—

• Our details
• Your responsibility for others who access our website using your device or internet connection
• Other documents governing your use of our website
• Availability of our website
• Changes we may make to these Terms of Use and other documentation
• Your account details
• Ownership of material on our website
• Information and content on our website provided on non-reliance basis
• Permitted use of materials on our website
• Prohibited uses of our website
• Viruses and other harmful content
• Links to other websites
• Refunds
• Links to our website
• EXCLUSIONS AND LIMITATIONS OF LIABILITY
• INDEMNIFICATION
• DISCLAIMERS
• Governing law and jurisdiction
• Copyright, credit and logo

 

1. Our details—
   • Go Getters Delivery Ltd (we, our and us) operates the website.
   • Our address is CIRCLE LINE HOUSE 8 EAST ROAD EAST WING HARLOW ESSEX CM20 2BJ. Our company number is 10456226. 

2. Your responsibility for others who access our website using your device or internet connection

You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.

 

3. Other documents governing your use of our website
   • In addition to these Terms of Use, your use of our website is also governed by the following documents:
     • Our privacy policy, which is available at https://gogetters.co.uk/privacy. Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
     • Our cookies policy, which is available at [insert link to cookies policy]. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.
   • By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our privacy policy, and our use of cookies and similar technologies in accordance with our cookies policy.
   • If you do not agree to the terms set out in these Terms of Use, you must not use our website.

 

4. Availability of our website
   • We make no representations and provide no warranties that:
     • the website will be made available at any specific time or from any specific geographical location;
     • your access to the website will be continuous or uninterrupted; or
     • the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.
   • We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
   • [Our website is provided for users in the United Kingdom only. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries or states.]—

 

5. Changes we may make to these Terms of Use and other documentation
   • We reserve the right to update these Terms of Use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:
     • to reflect any changes in the way we carry out our business;
     • to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;
     • to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
     • to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or
     • to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
   • If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on our website with a new effective date stated at the beginning of them.
   • By continuing to access our website after we have updated our Terms of Use, terms of sale, and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.
   • You must check these Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.
   • The date that these Terms of Use and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is referred to as that document’s “effective date”.

 

6. Your account details
   • If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.
   • Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.
   • You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.
   • We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information.
   • If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by getting in contact via our live chat.

 

7. Ownership of material on our website
   • All trade marks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
   • The trade marks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trade marks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.

 

8. Information and content on our website provided on non-reliance basis
   • Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms of Use.
   • The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.
   • We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.

 

9. Permitted use of materials on our website
   • The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.
   • Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.
   • You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.
   • Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

 

10. Prohibited uses of our website
    • You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.
    • You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
    • You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:
      • for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
      • for any fraudulent purposes whatsoever;
      • to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;
      • to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
      • to communicate with, harm or attempt to harm children in any way; or
      • in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.
    • You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.
    • If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).

 

11. Viruses and other harmful content
    • We do not guarantee that our website does not contain viruses or other malicious software. [However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to our website.]—
    • We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.
    • You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.
    • You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
    • You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.
    • You must not attempt to perform any denial of service type attack on our website.
    • You must not perform any action which would contravene the Computer Misuse Act 1990.
    • We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

 

12. Links to other websites
    • Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.
    • Any third party website accessible via a link on our website may collect and process your information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features.

 

13. Links to our website
    • You may not link to our website without our prior written consent.
    • Where you have obtained our consent to link to our website:
      • you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;
      • wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
      • you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.
    • We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

 

14. EXCLUSIONS AND LIMITATIONS OF LIABILITY
    • We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
    • [If you purchase goods or services from our website, different exclusions of liability may apply. These are contained in our terms of sale.]
    • You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
    • YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
    • To the extent that any of the provisions of this clause 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

 

15. INDEMNIFICATION
    • You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):
      • your uploads, access to or use of the website;
      • your breach or alleged breach of these Terms of Use;
      • your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
      • your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
      • any misrepresentation made by you.
    • You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

 

16. DISCLAIMERS
    • THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
      • THE SERVICE;
      • THE WEBSITE CONTENT;
      • USER CONTENT; OR
      • SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

• WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
• BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
• WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

 

 

17. Governing law and jurisdiction
    • These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with English law.
    • The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.

 

18. Copyright, credit and logo
    • The copyright in these Terms of Use is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.
    • These Terms of Use are based on a General Data Protection Regulation (Regulation (EU) 2016/769) (“GDPR”) compliant template provided by GDPR Privacy Policy. For further information, please visit gdprprivacypolicy.org
    • Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.

 

Refunds

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.

Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner.

 

User Content Agreement

 

1. ABOUT US

gogetters.co.uk is a website ran by GOGETTERS Limited ("we" or "us" or "GoGetters"), incorporated and registered in the England and Wales, whose registered office is CIRCLE LINE HOUSE, 8 EAST ROAD, EAST WING, HARLOW, ESSEX, CM20 2BJ, United Kingdom. Our Company registration number is 10456226. GoGetters is a business where the food is prepared by independent restaurants (our "Partner Restaurants") and delivered by GoGetters sub contracted drivers on behalf of the stores.

 

2. AVAILABILITY

GoGetters offers an ordering and delivery service from our Partner Restaurants throughout Essex and elsewhere in the UK. Each Restaurant has a delivery area. This ensures Meals reach your door when they are at their best. If you live outside the delivery areas you will not be able to place an order. Operating hours will vary depending on local trading conditions and the availability of our Partner Restaurants and drivers.

 

3. ORDERS

When you place an order through our Service, an email will be sent confirming your order has been received and accepted by the. You will act on your own behalf and not for any other person when you place an order with us. GoGetters will act as agent on behalf of the Partner Restaurant when we accept your order to conclude sales of Meals to you. The contract for the supply of any Meal you order through us will be between you and the Partner Restaurant and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Meal. GoGetters seeks to provide a quality service and will be the first contact in event in there is a problem with your Meal either in regards to food quality and/or temperature. We do monitor our Partner Restaurants very closely and it is of utmost importance to us that they comply with our standard.

 

4. ORDERS

All Meals are subject to availability. Your Partner Restaurant may offer an alternative for any Meal it cannot provide you with. Our Partner Restaurants may use nuts in the preparation of certain Meals. Please call our Partner Restaurant prior to ordering if you have an allergy. GoGetters cannot guarantee that any of the Meals sold by our Partner Restaurants are free of allergens.

 

5. AVAILABILITY AND DELIVERY

Our aim is to provide the best delivery service possible and within the hour. Unfortunately things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving this. We will do our best to ensure that your order is delivered by the time specified in the email and webpage. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Restaurant at that time.

 

6. CANCELLATION

You have the right to cancel an order within a reasonable time and before the order is being prepared. Customers can cancel an order by contacting GoGetters. GoGetters and the store may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by us or a store usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it is being prepared may be charged to you.

 

7. PRICE AND PAYMENT

The price of any orders will be listed on our menus and FAQS. Prices include VAT. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email. Despite our best efforts, some of the items listed on our Service may be incorrectly priced. The relevant store will normally verify prices. Payment for all orders can be made by credit or debit card. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to GoGetters acting as agent on behalf of the store. We are authorised by our store to accept payment on their behalf and payment of the price of any items to us will discharge your obligations to pay such price to the store. When we make a delivery, we may at our sole discretion charge you a delivery fee which will be notified to you before you complete your order.

8. OUR LIABILITY

To the extent permitted by law, GoGetters provides our Service on an “as available" basis. We cannot guarantee it will be available during displayed opening hours if we need to correct issues stopping it from being timely or error-free. Subject as provided below, neither GoGetters nor our stores shall have liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that GoGetters or the store is found to be liable to you our total aggregate liability is limited to the purchase price of the order you have paid for. This does not include or limit in any way GoGetters or any stores liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

 

9. OUTSIDE OUR CONTROL

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.

 

10. WAIVER

Neither you, GoGetters nor the store shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

 

11. ENTIRE AGREEMENT

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

12. OUR RIGHT TO VARY TERMS AND CONDITIONS

GoGetters may change terms of use at any time by amending this page. You are expected to check this page from time to time to take note of any changes we make, as they are binding on you.

13. LAW AND JURISDICTION

The English courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use 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) shall be governed by and construed in accordance with the law of England and Wales.

 

USE OF WEBSITE TERMS

1. ACCESSING OUR SERVICES

Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice. We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. You are responsible for maintaining the confidentially of your login details. If you have any concerns about your login details or think they have been misused, you should contact us.

2. ACCEPTABLE USE

You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law.

3. SUSPENSION AND TERMINATION

Failure to comply with section 2 (Acceptable Use) in these Terms of Use may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our Service;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

4. OUR SITE AND OUR SERVICE CHANGE

We update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

5. OUR LIABILITY

We will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

6. INFORMATION ABOUT YOU

We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.

7. UPLOADING TO OUR SITE

Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

8. LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information. We have no control over the contents of those sites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

9. JURISDICTION AND APPLICABLE LAW

The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use 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) shall be governed by and construed in accordance with the law of England and Wales.

10. VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time.

11. YOUR CONCERNS

If you have any concerns please contact us.