OVERVIEW
This website is operated by Nine Teacups. Throughout the site, the terms “we”, “us” and “our” refer to Nine Teacups. Nine Teacups offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
If you do not agree to be bound by these terms and conditions please do not use our Website. Check accept else access to site restricted to home page.
Before you place an order with us, if you have any questions relating to these terms and conditions please contact us by email at hello@nineteacups.com
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Online Classes Terms & Conditions
- This is a Legal Agreement.
These Terms are a legal agreement between you and Nine TeaCups™ and contain important information regarding your legal rights, remedies and obligations.
By Your Use of the Site, you:
- acknowledge you have read, understand, and agree to be bound by these Terms;
- agree to comply with all applicable laws, rules and regulations with respect to Your Use of the Site; and
- represent you are an adult at least eighteen (18) years of age and have the legal capacity to enter into contracts in the jurisdiction where you reside.
2. Please Obtain Your Doctor’s Permission Before Beginning Any Exercise Program.
- The online classes are for those without injury or illness, If you have specific health issues or injury this class may not be suitable for you. If you do join in, you are doing so at your own risk.
- You understand that physical exercise can be strenuous and can expose you to the risk of serious injury.
- We urge you to obtain a physical examination from a doctor before participating in any exercise activity.
- You voluntarily accept and assume any and all risks, known or unknown, associated with Your Use of the Site and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us.
3. Payment
Payment is to be made for each class prior to class (unless the class is listed as free):
- Individual classes must be paid for on the same week of the class, and the class is to be taken on the week of purchase.
- Weekly passes must be paid for on the same week of the class, and the classes are to be taken within 7 days of purchase
- Monthly individual passes and Monthly household passes must be paid for on the same week of the class, and the classes are to be taken within 4 weeks from the day of purchase.
If you do not log in for the class, your class fee will be deducted
4. Our Intellectual Property Rights
Nine Tea Cups is the exclusive owner or licensee of all the Content and materials on the Site (the “Content,” as defined in this paragraph), and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the “IP”), except as to those rights which have been granted by IP holders. Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, music, sound effects, audio and or audio-visual elements, videos, domain names, downloadable materials, look-and-feel, design, layout, organisation, presentation, user interface, navigation, stylistic convention and other distinctive brand features of the Site.
All trademarks, trade names, copyrights, logos and service-marks (collectively, the “Marks”) related to our IP are our exclusive property. Unauthorised use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with us, or our approval or sponsorship of the user’s products or services, or that is likely to dilute any of our Marks is strictly prohibited by law. All third party IP that appears in or on the Site is the property of their respective owners.
You do not acquire any ownership interest in any IP or the Marks by Your Use of the Site, including any IP and/or Marks we have received authorisation to use. You may not use, reproduce, copy, modify, edit, distribute, transmit, adapt, reformat, create works from, display, perform, publish, license, sell or otherwise exploit, through any means or media, any of our IP or Marks or any of the Site’s Content or Services.
As such, you agree not to record, download or disseminate the class materials.
5. Changes
We may update these T&Cs from time to time to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
6.Disclaimer of warranties: Limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
7. Indemnification
You agree to indemnify, defend and hold harmless Nine Teacups and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
8. You Are Responsible for Your Own Access:
You are responsible for obtaining at your own expense all equipment and services needed to access and use Our Website and the Online Courses, including all devices, Internet browsers and Internet access. If you access Our Website, a Website application or an Online Class through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
9. Contact us
For more information about our T&Cs, or if you have any questions, please contact us.
THE BAKERY
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Section 1 – Online Store Terms
By agreeing to these Terms of Service, you are stating that you are legally responsible by representing that you are at least the age of majority in the UK or that you are the age of majority in your state or country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any malicious software, trogons worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 – Purchases
1. Ordering
By placing an order through our Website, you warrant that you are:
(a) legally capable of entering into binding contracts;
(b) at least 18 years old;
(c) resident in the United Kingdom (excluding NI); and
(d) accessing our Website from that country.
2. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
3. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Non-acceptance of an order may be a result of one of the following:
– The Product you ordered being unavailable from stock.
– Our inability to obtain authorisation for your payment.
– The identification of a pricing or Product description error.
– You not meeting the eligibility to order criteria set out in these Terms.
4. Please note that for every order we will use the address supplied to us with your order – unless we have been notified of a different address for that order. Please do not assume that as we have sent a previous order to a different address, that we will do so for your next order – unless we have confirmed that we will.
5. Please note that the responsibility for the product(s) becomes the customer’s upon dispatch.
2.6. General Conditions
- We reserve the right to refuse service to anyone for any reason at any time.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost because of such unavailability.
- We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.
- The Site is provided “as is” and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures.
- We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.
- We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
Section 3 – Accuracy, Completeness and Timeliness of Information
- We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
- We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
- We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system.
- Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We will confirm the price of a Product in the Dispatch Confirmation.
- Every care has been taken to ensure that the description and specifications of the Products are correct. However while the colour reproduction is a close representation, a slight variation in the actual Products may occur.
Section 4 – Prices
- The price of any Products will be as quoted on our Website in GBP, except in cases of obvious error. These prices exclude delivery costs, which will be added to the total amount due. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect pricing.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation/ invoice.
- Every effort has been made on this Website to ensure that shopping online is safe and secure. We cannot be responsible for the fraudulent use on our Website of a lost credit card, but will assist your credit card company where necessary once you have reported the fraud to them.
- Payment for all Products must be by credit or debit card and those accepted by us are those listed on our website on the date when your order is placed. We will send you an invoice upon receipt of payment.
- All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 – Purchases: Products or Services
- Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
- We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
- We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
- We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- The Products ordered are fresh on the day of delivery or collection, and will remain fresh for a further 24 hours from the time of delivery or collection if kept by you at an ambient temperature in the box provided. Products placed in a fridge or a freezer or kept for a time longer than 24 hours are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.
- We recommend that products ordered are consumed on day of delivery or collection to ensure freshness, taste and quality.
- We recommend that refined sugar free products are consumed on the day of delivery and are not liable for any deterioration of product. Our recommendation is that products are consumed on day of delivery to assure the best tasting product.
- Products which were due to be collected by you from us and which you failed to collect on the appointed day, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly these Products cannot be kept by us at an ambient temperature and are therefore likely to deteriorate. We cannot accept any responsibility for deterioration of the Products in these circumstances. We cannot accept responsibility for any orders that you fail to collect. Uncollected orders will not be refunded.
- We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from us if they are damaged during transit to your home provided that you or your courier/agent has signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of collection.
- Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us or collection by you or your courier/agent.
- We will notify you of any Product containing any of the 14 allergens as outlined by the Food Standards Agency (as we are a gluten-free, dairy-free bakery no product will contain gluten or dairy) in your order confirmation email. However, since our bakery does handle nuts, sesame seeds, soy, celery, eggs and peanuts, we cannot guarantee that traces of the above will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such Products.
- If you notice of an error in the Order Confirmation you must notify us immediately at 07588785663 or [email protected]
- Once Payment has been made and order placed, refunds are not permitted. If for any reason you need to cancel the order placed please inform us immediately.
- Cancellations must be placed no later than 48hours prior to order collection or delivery date. If cancellation is placed later than this, refunds will not be issued.
- If you wish to add to or change your order, or change the date or time of delivery or collection of your order, then we will accommodate you where possible, subject to kitchen space being available to permit us to make your products, provided that you contact us no later than 48 hours before your order is due to be collected or delivered.
- Your purchase order cannot be accepted until payment in full for the Product/s ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective.
Section 6 – Accuracy of Billing and Account Information
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
- We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- It is your responsibility to provide accurate personal information (“Personal Data”) and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered.
- It is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 2018, The General Data Protection Regulation 2016/679 and Shopify Privacy and Cookies Policy
- It is your responsibility to maintain the confidentiality and security of your Personal Data especially your user name. You will not allow others to use your user name and you will notify us immediately of any unauthorised use of your user name. We shall not be responsible for any losses arising out of the unauthorised use of your user name and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same.
Section 7 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 – Third party links
- Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website.
- We have not reviewed any of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
- Certain content, products and services available via our Service may include materials from third-parties.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 – User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. We process information about you in accordance with our privacy policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
To view our Privacy Policy click here
To view Shopify Privacy Policy click HERE
Section 11 – Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 – Events Outside Our Controls
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunication networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Section 13 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 14 – Disclaimer of Warranties; Limitation of Liability
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Nine Teacups, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, parent company or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- We will not accept responsibility for a failure to comply with specific care instructions stated in the Product or within the Product’s packaging.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9. We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to: (a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 14.8 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 14.5 or clause 14.8 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 14.9
10. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Section 15 – Indemnification
You agree to indemnify, defend and hold harmless Nine Teacups and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 16 – Severability
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms
Section 17 – General
1. Intellectual property and right to use
Unless otherwise stated, the copyright and other intellectual property rights in the content on the Website are owned by us or our licensors. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited.
No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or Website without our prior written permission.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase of Product(s)) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.
You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
2. Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
3. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
4. Notices
All notices given by you to us must be given to ULI Consulting Limited, North Bank House, 760 Evesham Road, Redditch, B97 5QU. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 17.3 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
5. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
6. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
7. Entire Agreement
We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Any failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
8. Our Right to Vary these Terms
You can review the most current version of the Terms of Service at any time at this page.
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary).
9. Law
These Terms and the Contracts shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Section 18 – Modifications to The Service and Prices
1. Prices for our products are subject to change without notice. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We will confirm the price of a Product in the Dispatch Confirmation.
2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Section 19 – Termination
The obligations and liabilities of the parties incurred prior to the termination shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 20 – Money off vouchers & promotional discounts
- Money-off vouchers and voucher codes are not exchangeable for cash and can only be used once per transaction. Money-off vouchers and voucher codes cannot be used to purchase gift vouchers.
- Money-off vouchers and voucher codes cannot be used in conjunction with any other voucher or voucher code.
- Discounts and promotional discount codes offered by the Website are valid only for use as part of a purchase made via the Website, unless otherwise stated.
- If you return to us for a refund a Product which has been purchased with a money-off voucher, we will refund to you the full price of that item less the value of the voucher used.
21. Contact us
For more information about our T&Cs, or if you have any questions, please contact us.