Terms and Conditions of Sale; Terms and Conditions of Use; Ownership of Site
Glanbia Performance Nutrition Limited, Isopure UK ("Isopure," "Company," "we," "us," "our") provides you with access to and use of the website located at www.isopure.co.uk and all associated web pages (collectively, the "Site"), along with any related mobile applications, digital platforms, and online services (collectively, the "Service"), subject to the terms and conditions set forth below (the "Terms").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR THE SERVICE AND BEFORE PURCHASING ANY PRODUCTS. BY ACCESSING OR USING THE SITE OR SERVICE, YOU CONFIRM YOUR UNCONDITIONAL ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORISED TO ACCESS OR USE THE SITE OR SERVICE AND MUST IMMEDIATELY DISCONTINUE USE.
Nothing in these Terms is intended to limit or exclude your statutory rights as a consumer under applicable laws in the United Kingdom, including the Consumer Rights Act 2015 and other relevant consumer protection legislation.
Table of Contents
- Acknowledgement
- Product Descriptions and Pricing
- Payment Terms; Orders
- Shipping; Risk of Loss; Title; Taxes
- Content and Trademarks
- Permitted Use of the Site and Content
- Viruses, Hacking and Other Offences
- User Content
- Other Terms and Conditions
- Health-Related Information
- Accounts, Passwords and Security
- Privacy
- Links to the Site
- Links to Other Sites
- Modifications
- Termination
- Disclaimer of Warranties
- Limitation of Liability
- General Information
- Feedback and Information
- Website Management
Acknowledgement
By accessing, browsing or using the Site or Service, you acknowledge that you have read, understood and agree to be bound by these Terms, as they may be updated from time to time. These Terms form a legally binding agreement between you and the Company in relation to your use of the Site and Service.
In addition to these Terms, when you use certain parts of the Site or Service, you may be subject to any additional terms, guidelines, policies or rules posted on the Site or otherwise brought to your attention (for example, promotional terms, competition rules, or specific feature terms) (collectively, "Additional Terms"). All Additional Terms are incorporated by reference into these Terms. If there is any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail in respect of the specific feature or service to which they relate.
It is your responsibility to review these Terms and any Additional Terms periodically. If at any time you do not agree with, or cannot comply with, these Terms (or any revision thereto), you must immediately stop using the Site and Service.
Product Descriptions and Pricing
The Company uses reasonable efforts to ensure that information about our products, including descriptions, nutritional information, ingredients, usage directions, pricing and availability (collectively, "Product Information"), is accurate and up to date. However, the Company does not guarantee that Product Information is error-free, complete, current, or entirely reliable at all times.
Without limitation:
- Products displayed on the Site may be out of stock or discontinued, or may be available in different sizes, packaging or flavours than those shown.
- Product packaging and materials may contain additional or different information from that displayed on the Site. Always read labels, warnings and directions provided with the product before use.
- Colours and appearance of products may vary from how they appear on your screen due to differences in monitors and display settings.
All prices shown on the Site are in pounds sterling (GBP) and include VAT where applicable, unless otherwise indicated. The Company reserves the right to change prices, promotional offers and availability at any time without prior notice. Errors in pricing or Product Information may occur. In the event of a pricing error:
- we are under no obligation to supply the product at the incorrect price; and
- we may, at our option, cancel your order, or contact you for instructions before dispatch.
While it is our practice to send order confirmation emails, any such confirmation only confirms that we have received your order; it does not constitute our legal acceptance of your order or a binding contract of sale. A contract between you and the Company is formed only when the products are dispatched to you and you receive a dispatch confirmation.
Certain weights, measurements and similar descriptions are approximate and provided for convenience only. It is your responsibility to ensure that any products ordered are suitable for your intended use and compliant with all applicable laws and regulations in your jurisdiction.
Payment Terms; Orders
All orders placed through the Site are subject to acceptance by the Company. We reserve the right, at our sole discretion, to refuse or cancel any order for reasons including but not limited to product availability, errors in Product Information or pricing, suspected fraud, or issues identified by our payment processing or security systems.
Payment methods accepted are those displayed at checkout and may include debit or credit cards, digital wallets, and other online payment methods processed by third-party payment service providers. You agree that:
- the payment card or method used is yours, or that you have the authorisation of the card or account holder to use it;
- all information supplied in connection with an order is true, accurate and complete; and
- you will promptly update your information if it changes (for example, billing address or card expiry).
Payment must be authorised at the time you place the order. If your payment is not authorised, your order will not be accepted and we will not be liable for any delay or non-delivery.
Where applicable, and only where permitted by law and clearly communicated to you, we reserve the right to charge interest on any overdue amounts at a reasonable rate and to recover any reasonable costs incurred by us in recovering overdue amounts.
Shipping; Risk of Loss; Title; Taxes
Shipping and handling charges, delivery options and estimated delivery times are displayed at checkout and may vary depending on your location, the delivery service selected and the size or weight of your order. Any delivery times quoted are estimates only and are not guaranteed. We will use reasonable efforts to deliver products within the estimated times, but we are not liable for delays outside our reasonable control.
Risk of loss or damage to products passes to you when the products are delivered to the delivery address specified in your order or to any alternative recipient designated by you. Please check the products on delivery and notify us promptly of any damage or missing items.
Title to the products passes to you when we have received full payment for the products and they have been dispatched to you.
Prices include VAT where applicable, unless otherwise stated. You are responsible for any other applicable taxes, duties or charges (for example, if products are delivered outside the UK) as required by local law.
Content and Trademarks
All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on or used in connection with the Site (collectively, the "Content") is owned, controlled or licensed by or to the Company or its affiliates, and is protected by copyright, trademark, design, database and other intellectual property and unfair competition laws.
The names, logos and other marks identifying Isopure, Glanbia Performance Nutrition and/or their products and services are registered or unregistered trademarks of the Company or its affiliates. Other names, logos and marks on the Site are the trademarks of their respective owners. No right, title or interest in any Content or trademarks is transferred to you as a result of your use of the Site.
Nothing contained in these Terms or on the Site shall be interpreted as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, trade name or service mark displayed on the Site without the prior written consent of the Company or the respective owner.
Permitted Use of the Site and Content
You may use the Site and Content for your personal, non-commercial use only and in accordance with these Terms. Except as expressly permitted by these Terms or applicable law, you may not:
- copy, reproduce, modify, adapt, translate or create derivative works of any portion of the Site or Content;
- distribute, licence, sublicense, sell, resell, transfer, publicly display, publicly perform, transmit or otherwise exploit the Site or Content;
- use any automated system, such as "robots," "spiders," or "offline readers," to access the Site for any purpose without our express written permission;
- remove, obscure or alter any copyright, trademark or other proprietary rights notices on or contained in the Site or Content; or
- use the Site or Content for any commercial purpose, including advertising or solicitation, without our prior written consent.
You may download or print one copy of materials intentionally made available by the Company for download on the Site, solely for your personal, non-commercial use, provided that you do not modify such materials and you retain all proprietary notices.
Viruses, Hacking and Other Offences
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack, a distributed denial-of-service attack or any other form of attack designed to disrupt, damage or interfere with the operation of the Site or Service.
Breach of this provision may constitute a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity and any relevant information as required by law. In the event of such a breach, your right to use the Site will cease immediately without notice.
We use reasonable measures to ensure that the Site is secure and free from viruses and other harmful components. However, we do not guarantee that the Site or any Content will be secure or free from bugs or viruses, and we are not responsible for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading of any material posted on it, or on any website linked to it. You are responsible for implementing sufficient procedures and virus protection to meet your particular requirements.
User Content
The Site may, from time to time, include features that allow you and other users to submit, upload, post, display or transmit content, including reviews, comments, messages, photos, videos or other materials ("User Content"). The Company does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed in User Content.
By submitting User Content, you:
- grant the Company and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable and sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content in any media now known or later developed, for any lawful purpose;
- grant the Company and its affiliates the right to use the name, username or other identifier you submit in connection with such User Content, if we choose; and
- agree that the Company is under no obligation to maintain any User Content in confidence, to pay you any compensation for any User Content, or to respond to any User Content.
You represent and warrant that:
- you own or have all necessary rights, licences and permissions to grant the above licence to the Company;
- your User Content is accurate and not misleading;
- your User Content does not infringe or violate any third-party rights, including intellectual property rights, privacy rights or rights of publicity;
- your User Content complies with all applicable laws and regulations; and
- your User Content does not contain any material that is defamatory, obscene, offensive, hateful, discriminatory, threatening, harassing, or otherwise objectionable.
User Content Standards
Your User Content must:
- be accurate (where it states facts);
- be genuinely held (where it states opinions); and
- comply with applicable laws of the United Kingdom and of any country from which it is posted.
Your User Content must not:
- contain any material that is defamatory, obscene, offensive, hateful or inflammatory;
- promote violence, discrimination, or any illegal activity;
- infringe any copyright, trademark, design, database or other intellectual property right of any other person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- invade another person’s privacy or misappropriate their personal information;
- be used to impersonate any person or to misrepresent your identity or affiliation with any person or organisation; or
- give the impression that they originate from or are endorsed by the Company, if that is not the case.
The Company reserves the right, but has no obligation, to monitor, review, edit or remove any User Content in its sole discretion. We may take any action we deem appropriate if your User Content breaches these Terms, including:
- immediate, temporary or permanent withdrawal of your right to use the Site or Service;
- immediate, temporary or permanent removal of any User Content you have posted;
- issuing a warning to you;
- taking legal action against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
To the fullest extent permitted by law, the Company disclaims any liability for any User Content and for any actions taken in response to breaches of these User Content standards.
Other Terms and Conditions
Additional terms and conditions may apply to specific portions or features of the Site or Service, such as contests, promotions, referral programmes, loyalty schemes or other similar features. All such terms and conditions form part of these Terms by this reference. You agree to abide by such additional terms and conditions, including any eligibility requirements.
If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that specific portion of the Site or the specific service.
Health-Related Information
Information made available on or through the Site, including any information relating to nutrition, health and wellbeing, is provided for general informational purposes only and is not intended as medical advice or a substitute for advice from a healthcare professional.
Dietary supplements are not intended to diagnose, treat, cure or prevent any disease. Always:
- read product labels, warnings and instructions before use;
- use the product only as directed on the label;
- consult your doctor or other qualified healthcare professional if you have any medical condition, are pregnant or breastfeeding, are taking other medication, or have any concerns about using a product; and
- discontinue use and seek medical advice if you experience any adverse reactions.
You should not disregard professional medical advice or delay seeking it because of something you have read on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account and create a username and password. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.
You agree to:
- notify the Company immediately of any unauthorised use of your account or password, or any other breach of security; and
- ensure that you log out from your account at the end of each session.
You may be held liable for losses incurred by the Company or by any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. The Company is not liable for any loss or damage arising from your failure to comply with these obligations.
You must not use any other person’s account without the express permission of the account holder.
Privacy
Your use of the Site and Service is subject to our Privacy Policy, which sets out how we collect, use and share your personal data and your rights in relation to such data. Our Privacy Policy forms part of these Terms. By using the Site or Service, you acknowledge that you have read and understand the Privacy Policy.
While we use appropriate technical and organisational measures to protect your personal data, you acknowledge that the transmission of information via the internet is not completely secure and we cannot guarantee the security of data transmitted to or from the Site. Any transmission is at your own risk.
Links to the Site
You may not create or maintain a link from any website to any page of the Site without the Company’s prior written consent. You may not:
- frame the Site or any Content;
- create a link that suggests any form of association, approval or endorsement by the Company where none exists; or
- link from a website that contains content that is inappropriate, offensive or unlawful.
We reserve the right to withdraw linking permission without notice.
Links to Other Sites
The Site may contain links to third-party websites or resources. These links are provided for your convenience only and do not constitute an endorsement by the Company of the content, products, services or operators of such websites. We have no control over the content or availability of third-party websites and are not responsible for them or for any loss or damage that may arise from your use of them.
Your use of third-party websites will be subject to their own terms and conditions and privacy policies. You should review those terms and policies carefully.
Modifications
The Company may, at any time and in its sole discretion, modify, update or discontinue any part of the Site or Service, including features, content and availability, without prior notice. We may also amend these Terms from time to time.
Changes to these Terms will be effective when posted on the Site, unless otherwise stated. It is your responsibility to check the Site regularly for updates to these Terms. Your continued use of the Site or Service following the posting of changes constitutes your acceptance of those changes. If you do not agree to the amended Terms, you must stop using the Site and Service.
Termination
The Company may, in its sole discretion, at any time and without notice, suspend or terminate your access to the Site or Service or any part thereof, including your account, for any reason or for no reason, including if we believe you have breached these Terms or any applicable law.
Upon termination:
- all rights granted to you under these Terms will immediately cease;
- you must immediately stop using the Site and Service; and
- we may delete or deactivate your account and all related information and files associated with it, and/or bar further access to such files or the Site.
Termination does not affect your or our rights and liabilities that have accrued prior to termination. Sections which by their nature should survive termination (including, without limitation, limitations of liability, indemnities, intellectual property provisions and governing law clauses) shall continue in full force and effect.
Disclaimer of Warranties
To the fullest extent permitted by law, the Site, Service and all products, Content and materials provided through them are provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, express or implied.
Without limiting the generality of the foregoing, and subject always to your statutory rights as a consumer, the Company does not represent or warrant that:
- the Site or Service will meet your requirements or expectations;
- the Site, Service or any Content will be uninterrupted, timely, secure or error-free;
- any defects or errors will be corrected;
- information, Product Information or other content obtained through the Site or Service will be accurate, complete, current or reliable; or
- the Site or the servers that make it available are free of viruses or other harmful components.
No advice or information, whether oral or written, obtained by you from the Company or through or from the Site or Service shall create any warranty or condition not expressly stated in these Terms.
Nothing in this section is intended to limit or exclude any statutory warranties or conditions that cannot be excluded under applicable law, including your rights under UK consumer protection law.
Limitation of Liability
Nothing in these Terms excludes or limits the Company’s liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot be excluded or limited under applicable law.
Subject to the foregoing, and to the fullest extent permitted by law, the Company, its officers, employees, agents, affiliates and licensors shall not be liable for:
- any indirect, incidental, special, consequential or punitive damages;
- any loss of profits, sales, revenue, business, contracts, anticipated savings, goodwill or data;
- business interruption or loss of business opportunity;
- loss or damage caused by viruses, distributed denial-of-service attacks or other harmful material;
- loss or damage arising from your reliance on any Content, Product Information or User Content; or
- loss or damage arising from any third-party websites linked to from the Site.
Subject to the first paragraph of this section and to the fullest extent permitted by law, the total aggregate liability of the Company, its officers, employees, agents, affiliates and licensors to you in respect of any and all claims arising out of or in connection with the Site, Service, products or these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the higher of:
- the total amount paid by you to us for the products or services giving rise to the claim; or
- £50 (fifty pounds sterling).
You acknowledge that the limitations and exclusions of liability set out in these Terms are reasonable in light of the nature of the Site and Service and have been taken into account in determining the commercial terms between you and the Company.
General Information
1. Assignment; Waiver
You may not assign, transfer or subcontract any of your rights or obligations under these Terms without the prior written consent of the Company. Any attempted assignment in violation of this section shall be null and void. The Company may assign, transfer or subcontract any of its rights or obligations under these Terms at any time without notice.
No failure or delay by the Company in exercising any right, power or remedy under these Terms shall operate as a waiver of that or any other right, power or remedy. No single or partial exercise of any right, power or remedy shall preclude any other or further exercise of that or any other right, power or remedy. Any waiver must be expressly given in writing to be effective.
2. Governing Law
These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.
If you are a consumer and live in Scotland or Northern Ireland, you may bring legal proceedings in the Scottish or Northern Irish courts respectively.
3. Injunctive and Equitable Relief
You acknowledge that any breach or threatened breach of these Terms by you may cause the Company irreparable harm for which damages would not be an adequate remedy. Accordingly, in addition to any other rights and remedies that may be available, the Company shall be entitled to seek injunctive or other equitable relief to prevent or curtail any such breach, in any court of competent jurisdiction.
4. Dispute Resolution
We aim to resolve any disputes or concerns fairly and promptly. If you have any issues or complaints, please contact our customer service team in the first instance using the contact details provided on the Site. We will work with you to try to resolve the matter informally.
If we are unable to resolve a dispute informally, you may be entitled to refer the matter to an alternative dispute resolution (ADR) provider. Information about approved ADR providers and online dispute resolution may be available from the UK government or relevant consumer bodies. Nothing in these Terms affects your right to bring a claim before the courts of England and Wales (or, if applicable, the courts of Scotland or Northern Ireland).
5. Export and Compliance
You are responsible for ensuring that your access to and use of the Site and Service complies with all laws and regulations in the jurisdiction in which you are located. Products purchased through the Site may be subject to export laws and regulations. You agree not to export, re-export, transfer or use any products in violation of applicable export control or sanctions laws.
6. Entire Agreement
These Terms, together with the Privacy Policy and any Additional Terms applicable to specific features of the Site or Service, constitute the entire agreement between you and the Company with respect to the Site, Service and products and supersede all prior or contemporaneous understandings, communications and proposals, whether oral or written, relating to the subject matter.
7. Severability
If any provision of these Terms is found by a court or other competent authority to be invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected. The provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
8. Legal Equivalency
To the fullest extent permitted by law, these Terms and any other electronic documents, policies and guidelines incorporated herein shall:
- be deemed for all purposes to be "in writing";
- be legally enforceable as a signed writing against the parties; and
- be deemed an "original" when printed from electronic records maintained in the ordinary course of business.
9. Notices
Any notices or other communications to be given under these Terms may be given by email or by posting on the Site. We may also contact you using any contact details you have provided in connection with your account or orders.
Feedback and Information
Any feedback, comments, ideas, suggestions or other submissions you provide to the Company regarding the Site, Service or products ("Feedback") will be considered non-confidential and non-proprietary. The Company shall be free to use, disclose, reproduce, licence and otherwise exploit such Feedback, in whole or in part, without obligation or compensation to you.
The information contained on the Site is subject to change without notice. We do not guarantee that any content on the Site is up-to-date at any given time.
Website Management
The Site is owned and operated by Glanbia Performance Nutrition, part of the Glanbia group of companies, on behalf of Isopure UK.
