TERMS AND CONDITIONS
Last
Updated 04 December 2019
1. Agreement to
Terms
1.1 These Terms and Conditions constitute a
legally binding agreement made between you, whether personally or on behalf of
an entity (you), and Lighter Leaf Ltd,located
at Kemp House , 152-160 City
Road, London, EC1V2NX United Kingdom (we, us),
concerning your access to and use of the Lighter
Leaf (www.lighterleaf.com) website as well as any related
applications (the Site).
The Site provides the following services: Online
marketplace that sells and promotes CBD oils (Services). You
agree that by accessing the Site and/or Services, you have read, understood,
and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and
Conditions, then you are prohibited from using the Site and Services and you
must discontinue use immediately. We recommend that
you print a copy of these Terms and Conditions for future reference.
1.2 The
supplemental policies set out in Section 1.7 below, as well as any supplemental
terms and condition or documents that may be posted on the Site from time to
time, are expressly incorporated by reference.
1.3 We
may make changes to these Terms and Conditions at any time. The updated version
of these Terms and Conditions will be indicated by an updated “Revised” date and
the updated version will be effective as soon as it is accessible. You are
responsible for reviewing these Terms and Conditions to stay informed of
updates. Your continued use of the Site represents that you have accepted such
changes.
1.4 We
may update or change the Site from time to time to reflect changes to our
products, our users’ needs and/or our business priorities.
1.5 Our
site is directed to people residing in United Kingdom. The information
provided on the Site is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country.
1.6 The
Site is intended for users who are at least 18 years old. If you are
under the age of 18, you are not permitted to register for the Site or use the
Services without parental permission.
1.7 Additional
policies which also apply to your use of the Site include:
● Our Privacy
Notice https://lighterleaf.com/privacy-policy/, which sets out the terms
on which we process any personal data we collect from you, or that you provide
to us. By using the Site, you consent to such processing and you warrant that
all data provided by you is accurate.
● Our
Acceptable Use Policy https://lighterleaf.com/acceptable-use-policy/,
which sets out the permitted uses and prohibited uses of the Site. When using
the Site, you must comply with this Acceptable Use Policy.
● If you purchase physical goods from
the Site, our terms and conditions of
supply https://gruenkraft.swiss/terms-and-conditions/?lang=en may/will
apply to the sales.
2. Acceptable Use
2.1 Our
full Acceptable Use Policy https://lighterleaf.com/acceptable-use-policy/,
sets out all the permitted uses and prohibited uses of this site.
2.2 You
may not access or use the Site for any purpose other than that for which we
make the site and our services available. The Site may not be used in
connection with any commercial endeavors except those that are specifically endorsed
or approved by us.
2.3 As
a user of this Site, you agree not to:
● Make
any unauthorized use of the Site, including collecting usernames and/or email
addresses of users to send unsolicited email or creating user accounts under
false pretenses
● Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords
● Make
improper use of our support services, or submit false reports of abuse or
misconduct
● Engage
in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools
● Interfere
with, disrupt, or create an undue burden on the Site or the networks and
services connected to the Site
● Attempt
to impersonate another user or person, or use the username of another
user
● Sell
or otherwise transfer your profile
● Use
any information obtained from the Site in order to harass, abuse, or harm
another person
● Use
the Site or our content as part of any effort to compete with us or to create a
revenue-generating endeavor or commercial enterprise
● Advertise
products or services not intended by us
● Falsely
imply a relationship with us or another company with whom you do not have a
relationship
3. Information you provide to us
3.1 You
represent and warrant that: (a) all registration information you submit will be
true, accurate, current, and complete and relate to you and not a third party;
(b) you will maintain the accuracy of such information and promptly update such
information as necessary; (c) you will keep your password confidential and will
be responsible for all use of your password and account; (d) you have the legal
capacity and you agree to comply with these Terms and Conditions; and (e) you
are not a minor in the jurisdiction in which you reside, or if a minor, you
have received parental permission to use the Site.
If you know or suspect that anyone other than you
knows your user information (such as an identification code or user name)
and/or password you must promptly notify us at info@lighterleaf.com.
3.2 If
you provide any information that is untrue, inaccurate, not current or
incomplete, we may suspend or terminate your account. We may remove or change a
user name you select if we determine that such user name is inappropriate.
4. Content you provide
to us
4.1 There
may be opportunities for you to post content to the Site or send feedback to us
(User Content). You understand and agree that your User Content may be
viewed by other users on the Site, and that they may be able to see who has
posted that User Content.
4.2 You
further agree that we can use your User Content for any other purposes
whatsoever in perpetuity without payment to you, and combine your User Content
with other content for use within the Site and otherwise. We do not have to
attribute your User Content to you.
4.3 In
posting User Content, including reviews or making contact with other users of
the Site you shall comply with our Acceptable Use
Policy https://lighterleaf.com/acceptable-use-policy/.
4.4 You
warrant that any User Content does comply with our Acceptable Use Policy, and
you will be liable to us and indemnify us for any breach of that warranty. This
means you will be responsible for any loss or damage we suffer as a result of
your breach of this warranty.
4.5 We
have the right to remove any User Content you put on the Site if, in our
opinion, such User Content does not comply with the Acceptable Use
Policy.
4.6 We
are not responsible and accept no liability for any User Content including any
such content that contains incorrect information or is defamatory or loss of
User Content. We accept no obligation to screen, edit or monitor any User
Content but we reserve the right to remove, screen and/or edit any User Content
without notice and at any time. User Content has not been verified or approved
by us and the views expressed by other users on the Site do not represent our
views or values
4.7 If
you wish to complain about User Content uploaded by other users please contact
us at info@lighterleaf.com.
5. Our content
5.1 Unless
otherwise indicated, the Site and Services including source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (Our Content) are owned or licensed to us, and are
protected by copyright and trade mark laws.
5.2 Except
as expressly provided in these Terms and Conditions, no part of the Site,
Services or Our Content may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
5.3 Provided
that you are eligible to use the Site, you are granted a limited licence to
access and use the Site and Our Content and to download or print a copy of any
portion of the Content to which you have properly gained access solely for your
personal, non-commercial use.
5.4 You
shall not (a) try to gain unauthorised access to the Site or any networks,
servers or computer systems connected to the Site; and/or (b) make for any
purpose including error correction, any modifications, adaptions, additions or
enhancements to the Site or Our Content, including the modification of the
paper or digital copies you may have downloaded.
5.5 We
shall (a) prepare the Site and Our Content with reasonable skill and care; and
(b) use industry standard virus detection software to try to block the
uploading of content to the Site that contains viruses.
5.6 The
content on the Site is provided for general information only. It is not
intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from taking, any
action on the basis of the content on the Site.
5.7 Although
we make reasonable efforts to update the information on our site, we make no
representations, warranties or guarantees, whether express or implied, that Our
Content on the Site is accurate, complete or up to date.
6. Site Management
6.1 We
reserve the right at our sole discretion, to (1) monitor the Site for breaches
of these Terms and Conditions; (2) take
appropriate legal action against anyone in breach of applicable laws or these
Terms and Conditions; (3) refuse, restrict
access to or availability of, or disable (to the extent technologically
feasible) any of your Contributions; (4)
remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site and Services.
6.2 We
do not guarantee that the Site will be secure or free from bugs or viruses.
6.3 You
are responsible for configuring your information technology, computer programs
and platform to access the Site and you should use your own virus protection
software.
7. Modifications to and
availability of the Site
7.1 We
reserve the right to change, modify, or remove the contents of the Site at any
time or for any reason at our sole discretion without notice. We also reserve
the right to modify or discontinue all or part of the Services without notice
at any time.
7.2 We
cannot guarantee the Site and Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. You agree
that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Site or Services during any
downtime or discontinuance of the Site or Services.We are not obliged to
maintain and support the Site or Services or to supply any corrections,
updates, or releases.
7.3 There
may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Services, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information at any time, without prior notice.
8. Disclaimer/Limitation
of Liability
8.1 The
Site and Services are provided on an as-is and as-available basis. You agree
that your use of the Site and/or Services will be at your sole risk except as
expressly set out in these Terms and Conditions. All warranties, terms,
conditions and undertakings, express or implied (including by statute, custom
or usage, a course of dealing, or common law) in connection with the Site and
Services and your use thereof including, without limitation, the implied
warranties of satisfactory quality, fitness for a particular purpose and
non-infringement are excluded to the fullest extent permitted by applicable
law.
We make no warranties or representations about the
accuracy or completeness of the Site’s content and are not liable for any (1)
errors or omissions in content: (2) any unauthorized access to or use of our
servers and/or any and all personal information and/or financial information
stored on our server; (3) any interruption or cessation of transmission to or
from the site or services; and/or (4) any bugs, viruses, trojan horses, or the
like which may be transmitted to or through the site by any third party. We
will not be responsible for any delay or failure to comply with our obligations
under these Terms and Conditions if such delay or failure is caused by an event
beyond our reasonable control.
8.2 Our
responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
● We
do not exclude or limit in any way our liability to you where it would be
unlawful to do so. This includes liability for death or personal injury caused
by our negligence or the negligence of our employees, agents or subcontractors
and for fraud or fraudulent misrepresentation.
● If
we fail to comply with these Terms and Conditions, we will be responsible for
loss or damage you suffer that is a foreseeable result of our breach of these
Terms and Conditions, but we would not be responsible for any loss or damage
that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in
the Disclaimer/Limitation of Liability section, our liability to you for any
cause whatsoever and regardless of the form of the action, will at all times be
limited to a total aggregate amount equal to the greater of (a) the sum of
£5000 or (b) the amount paid, if any, by you to us for the Services/Site during
the six (6) month period prior to any cause of action arising. Different
limitations and exclusions of liability will apply to liability arising as a
result of the supply of any products to you, which will be set out in our Terms
and conditions of
supply https://gruenkraft.swiss/terms-and-conditions/?lang=en.
If you are a consumer user:
● Please
note that we only provide our Site for domestic and private use. You agree not
to use our Site for any commercial or business purposes, and we have no
liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
● If
defective digital content that we have supplied, damages a device or digital
content belonging to you and this is caused by our failure to use reasonable
care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you
could have avoided by following our advice to apply an update offered to you
free of charge or for damage that was caused by you failing to correctly follow
installation instructions or to have in place the minimum system requirements
advised by us.
● You
have legal rights in relation to goods that are faulty or not as described.
Advice about your legal rights is available from your local Citizens’ Advice
Bureau or Trading Standards office. Nothing in these Terms and Conditions will
affect these legal rights.
9. Term and Termination
9.1 These
Terms and Conditions shall remain in full force and effect while you use the
Site or Services or are otherwise a user of the Site, as applicable. You may
terminate your use or participation at any time, for any reason, by following
the instructions for terminating user accounts in your account settings, if
available, or by contacting us at info@lighterleaf.com.
9.2 Without
limiting any other provision of these Terms and Conditions, we reserve the
right to, in our sole discretion and without notice or liability, deny access
to and use of the Site and the Services (including blocking certain IP
addresses), to any person for any reason including without limitation for
breach of any representation, warranty or covenant contained in these Terms and
Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use
of the Site/Services is in breach of these Terms and Conditions or of any
applicable law or regulation, we may terminate your use or participation in the
Site and the Services or delete your profile and any content or
information that you posted at any time, without warning, in our sole
discretion.
9.3 If
we terminate or suspend your account for any reason set out in this Section 9,
you are prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
10. General
10.1 Visiting
the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing.
You hereby agree to the use of electronic signatures,
contracts, orders and other records and to electronic delivery of notices,
policies and records of transactions initiated or completed by us or via the
Site. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances or other laws in any
jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by other than
electronic means.
10.2 These
Terms and Conditions and any policies or operating rules posted by us on the
Site or in respect to the Services constitute the entire agreement and
understanding between you and us.
10.3 Our
failure to exercise or enforce any right or provision of these Terms and
Conditions shall not operate as a waiver of such right or provision.
10.4 We
may assign any or all of our rights and obligations to others at any time.
10.5 We
shall not be responsible or liable for any loss, damage, delay or failure to
act caused by any cause beyond our reasonable control.
10.6 If
any provision or part of a provision of these Terms and Conditions is unlawful,
void or unenforceable, that provision or part of the provision is deemed
severable from these Terms and Conditions and does not affect the validity and
enforceability of any remaining provisions.
10.7 There
is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms and Conditions or use of the Site
or Services.
10.8 For consumers only –
Please note that these Terms and Conditions, their subject matter and their
formation, are governed by English law. You and we both agree that the courts
of England and Wales will have exclusive jurisdiction expect that if you are a
resident of Northern Ireland you may also bring proceedings in Northern
Ireland, and if you are resident of Scotland, you may also bring proceedings in
Scotland. If you have any complaint or wish to raise a dispute under these
Terms and Conditions or otherwise in relation to the Site please follow this
link http://ec.europa.eu/odr
10.9 A person
who is not a party to these Terms and Conditions shall have no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms
and Conditions.
10.10 In
order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us by email
at info@lighterleaf.com or by post to:
Lighter Leaf Ltd
Kemp House
152-160 City Road
London, EC1V2NX
United Kingdom
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