IMPORTANT NOTICE – ALLERGENS
Fiona’s Freedom Foods Ltd. (and any outsource partner if applicable) produces and manufactures a range of 100% natural gluten free, dairy free nut butters and the product list contains (or part thereof) the following allergens:
Peanut, Almond, Hazelnut, Pecan, Cashew
Fiona’s Freedom Foods Ltd. is required by law to meet certain food label criteria as set out in the information provided in the link below. We meet all legal requirements and accept no liability or responsibility for any allergic / anaphylactic/ fatal reaction by the customer, their family, or any recipient of products purchased from Fiona’s Freedom Foods Ltd. online or directly from the supplier.
Fiona’s Freedom Foods Ltd. accepts no responsibility or liability for false registration details being provided at time of registration on the site, thus resulting in a person under 18years of age experiencing allergic/anaphylactic/fatal reaction to any of our nut based products as specified on our site and advertising material.
The following products are Certified Gluten Free and such certificates are available to the customer to view at any time by emailing us at firstname.lastname@example.org :
Fiona’s Nutterly Nutritious Almond Butter 170g/1kg, Fiona’s Nutterly Nutritious Pecan & Date Butter 170g, Fiona’s Nutterly Nutritious Activated Almond & Vanilla Butter 170g, Fiona’s Nutterly Nutritious Hazelnut & Cocoa Butter 170g, Fiona’s Nutterly Nutritious Smooth Organic Peanut Butter 1kg, Fiona’s Nutterly Nutritious Crunchy Organic Peanut Butter 1kg
Regulation (EU) No 1169/2011 on the provision of food information to consumers
Each finished product has declared the appropriate allergen highlighted in bold on the product label.
This page states the terms and conditions that govern your access to, and use of the www.nutterlynutritious.com website and other digital products and services offered by Fiona’s Freedom Foods Ltd. (hereafter referred to as "Fiona’s Freedom Foods Ltd.", "us" or "we") such other products and services including but not being limited to mobile applications and RSS feeds.
In these terms and conditions, "Fiona’s Freedom Foods Ltd. Site" or "the Site" refers collectively to all digital products and services offered by Fiona’s Freedom Foods Ltd., including any mobile applications regardless of how you choose to access them.
In accessing the Site, you (hereafter referred to as "you" or "the User") agree to abide by the terms and conditions (hereafter referred to as "TOS") set out on this page.
Use of particular services offered by Fiona’s Freedom Foods Ltd. Site may be subject to additional terms and conditions, which are outlined at the end of the TOS. These services ("the Services") can be divided into Paid Subscription Services (as identified below and defined in Clause 26) and other services for which you may be required to register. The current list of the Services is as follows:
Other Services (registration may be required):
2. Acknowledgement and Acceptance of Terms of Service
Fiona’s Freedom Foods Ltd. provides subscription, products and services via www.nutterlynutritious.com and through its mobile applications. In accessing the Site and the mobile applications, you acknowledge and agree to the terms and conditions of the TOS and any operating rules or policies that may be published from time to time by Fiona’s Freedom Foods Ltd.. The TOS, together with any copyright notice published by Fiona’s Freedom Foods Ltd. on the Site, comprise the entire agreement between the User and Fiona’s Freedom Foods Ltd. and supersede all prior agreements between the parties. You may also be subject to additional terms and conditions by agreement with Fiona’s Freedom Foods Ltd. or when you use affiliate or third party services.
3. Access to the Site
To access the Site, the User must do the following:
(i) Provide all equipment necessary to establish a connection to the Site;
(ii) Provide for the User's own access to the Site and pay any connection and service fees associated with such access;
(iii)Pay the Services fees where applicable as determined by Fiona’s Freedom Foods Ltd..
4. Modifications of Terms of Service
Fiona’s Freedom Foods Ltd. reserves the right to modify the terms and conditions of the TOS at any time, at its sole discretion and without notice to you. It is the responsibility of the User to regularly review the TOS for modifications. By continuing to use the Site, the User agrees to be bound by the amended TOS.
5. Personal Information
Some Services may require the User to supply certain personal information. In consideration for the use of the Services, the User agrees to do the following:
(i) Provide true, current, complete and accurate information about the User as prompted to do so by the Services;
(ii) Maintain and promptly update this information as required to keep it true, current, complete and accurate.
If the User provides any information that is untrue, not current, incomplete or inaccurate, or if we have reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, we have the right to suspend or terminate the User's use of the Services.
All information requested on original sign up and/or subscription shall hereafter be referred to as "Registration Information". This Registration Information will be retained by Fiona’s Freedom Foods Ltd., and any of our co-branding partners if applicable, for no longer than is necessary to provide the Services to the User and for any other purpose to which you have consented.
Unless the User has agreed to the use of the Registration Information for direct marketing purposes by Fiona’s Freedom Foods Ltd., our co-branding partners or selected third parties, we agree to use the Registration Information only for the purpose of supplying the Services to the User and any other purpose to which you have consented. Users can unsubscribe from any of our email communications at any time by clicking on the 'Unsubscribe' link that appears in the footer of all our email communications. Fiona’s Freedom Foods Ltd. does not make any representation or warranty with respect to the content of any direct marketing messages or any goods or services that may be obtained from such third parties, and the User agrees that Fiona’s Freedom Foods Ltd. shall not have any liability with respect thereof.
We reserve the right to disclose the Registration Information if required to do so by law, or if we believe in good faith that any such disclosure is reasonably necessary for the administration of justice; to enforce the TOS; to respond to any complaint received regarding the rights of third parties; or to protect the rights, property, or personal safety of Fiona’s Freedom Foods Ltd., Site users and the public.
6. User Account, Password and Security
The User is entirely responsible for maintaining the confidentiality of the User's passwords and accounts, and for any and all activities that occur under the User's accounts or passwords. The User agrees to immediately notify Fiona’s Freedom Foods Ltd. of any unauthorised use of the User's accounts or passwords, or any other breaches of security known to the User. We will not be liable for any loss that the User may incur as a result of someone else using or accessing the User's passwords or accounts, either with or without the User's knowledge. However, the User may be held liable for losses incurred by Fiona’s Freedom Foods Ltd. or any other party as a result of someone else using or accessing the User's passwords or accounts. The User will not use anyone else's accounts at any time without the permission of the account holder. The User may change his/her passwords or profile by following the instructions on the Site.
8. Information Required by Law
Fiona’s Freedom Foods Ltd. is required by law to provide the User with the following information:
(i) www.nutterlynutritious.com is a website address of Fiona’s Freedom Foods Ltd. Fiona’s Freedom Foods Ltd. can be contacted through this website or at Fiona’s Freedom Foods Ltd., Block 8, Link Business Park, Kilcullen, Co. Kildare, Ireland or by emailing email@example.com.
(ii) The VAT number of Fiona’s Freedom Foods Ltd. is IE3493761Kh
(iii) Written confirmation of subscription to any of the Paid Subscription Services shall be provided to the User via the email address supplied during subscription. The User has the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us of your decision to cancel this contact by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached cancellation form but this is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this contract we will reimburse you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such a reimbursement.
All notices issued by or on behalf of Fiona’s Freedom Foods Ltd. shall be in writing and shall be made via online announcements, email or conventional mail.
10. Proprietary Rights to Content
(a) Content other than User Content
The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the "Content") – contained in either sponsor advertisements or Internet-distributed, commercially produced information presented to the User by the Site, the Site's advertisers or other Site Users – may be protected by copyrights, trademarks, patents or other proprietary rights and laws. Unless otherwise expressly authorised in writing by Fiona’s Freedom Foods Ltd., the User is only granted a limited personal licence for his/her own personal, non-commercial use of the Site and Services to download the Content to a single personal computer or to make a printout in respect of a single copy of the Content for personal reference. All copyright and other proprietary notices in the materials must be left intact. The User may not copy, reproduce, distribute or create derivative works from the Content without expressly being authorized to do so by the relevant copyright owner.
(b) Content submitted by the User
If the User submits content (hereafter referred to as "User Content") to Fiona’s Freedom Foods Ltd., the User agrees and warrants that he/she created the User Content, or has received permission from, or is duly authorised by, the owner of any part of the User Content to do so.
In the event that the User submits User Content to Fiona’s Freedom Foods Ltd., either the User or the owner of the User Content remains the copyright owner. However, by submitting User Content to Fiona’s Freedom Foods Ltd., the User grants us an unconditional, irrevocable, non-exclusive, royalty-free, perpetual worldwide, fully transferable licence to use, publish or transmit, or to authorise third parties to use, publish or transmit, the User Content in any format and on any platform, either currently known or hereafter invented.
11. User Conduct and User Content
(a) User Conduct
The User agrees to not use the Site to do the following:
(i) Upload, post or otherwise transmit any Material that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
(ii) Harm minors in any way;
(iii) Impersonate any person or entity, including but not limited to an www.nutterlynutritious.com official, forum leader, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity;
(iv) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Services, or develop restricted or password-only access pages, hidden pages or images (those not linked to from another accessible page);
(v) Upload, post or otherwise transmit any Material that the User does not have a right to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(vi) Upload, post or otherwise transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(vii) Upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "Spam", "chain letters", "pyramid schemes" or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
(viii) Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(ix) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(x) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(xi) Intentionally or unintentionally violate any applicable local, state, national or international laws or regulations;
(xii) "Stalk" or otherwise harass another;
(xiii) Collect or store personal data about other users;
(xiv) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(xv) Attempt to gain unauthorised access to any Fiona’s Freedom Foods Ltd. site or service, other User accounts, computer systems or networks connected to any Fiona’s Freedom Foods Ltd. site or service, through hacking, password mining or any other means;
(xvi) Create a false identity for the purpose of misleading others.
(xvii) Reproduce, scrape, automatically summarise or aggregate without licence or prior written permission from Fiona’s Freedom Foods Ltd. .
(b) User Content
The User may be permitted to submit User Content for publication in various areas of the Site. Interaction with the Site, including submission of any User Content, is governed by The Community Standards are deemed to be incorporated into these Terms and Conditions, and the User is deemed to consent to the Community Standards and these Terms and Conditions if the User chooses to submit any User Content or comments to the Site.
The User understands that all User Content submitted by any other user is the sole responsibility of the user from which it originated. Fiona’s Freedom Foods Ltd. has no liability in respect of any User or User Content submitted by other users and published by us or by authorised third parties.
The User accepts and agrees that if the User posts User Content on the Site or views User Content posted by others, he/she is doing so at his/her own discretion and risk. The User accepts and agrees that Fiona’s Freedom Foods Ltd. has no responsibility for the accuracy, integrity or quality of any such User Content or Content submitted by other users. The User further accepts and agrees that the views expressed by any User Content do not necessarily reflect the views of Fiona’s Freedom Foods Ltd.. The User accepts and agrees that Fiona’s Freedom Foods Ltd. has no obligation to pre-moderate, review or monitor any Content posted by the User or any other users on the Site.
Fiona’s Freedom Foods Ltd. reserves the right to refuse to publish, to edit or to remove any User Content at our sole discretion. We may remove any User Content at any time.
The User agrees to indemnify, defend (at the request of Fiona’s Freedom Foods Ltd.), and hold the Site, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of any of the following:
(i) The User's use of the Site or any part thereof;
(ii) Violation of these TOS or any provision therein by the User;
(iii) Publication of any User Content;
(iv) Viewing any User Content by any third party;
(v) Infringement or misappropriation by the User, or a third party using the User's computer, of any account or password to access and/or use the Services;
(vi) Any infringement by the User of any intellectual property rights of any person or entity
(vii) Use or misuse by the User or third parties of the User's passwords or accounts.
Fiona’s Freedom Foods Ltd. has no obligation to monitor the Site, but reserves the right to do so and to remove any Content or Material at its sole discretion at any time without notice.
14. Complaints Procedure
If you wish to complain about any comment or post appearing on Fiona’s Freedom Foods Ltd. User Comment Community, please fill email us at firstname.lastname@example.org
For any other complaint, such as a complaint of any abuse of the Site, including but not limited to the violation of these TOS or any provision therein, or the infringement or misappropriation by any User, or a third party using a User's computer, of any account or password to access and/or use the Site, or of any intellectual property rights of any person or entity, or the use or misuse by any User or third parties of a User's passwords or accounts, should be reported immediately to Fiona’s Freedom Foods Ltd. Via email@example.com
15. Modifications and Discontinuance of the Services
Fiona’s Freedom Foods Ltd. reserves the right at its sole discretion to modify or discontinue the Site or Services, or any portion thereof, at any time, with or without notice to the User. We shall not be liable to the User or any third party should we exercise our right to modify or discontinue the Site or Services. No refunds will be granted to any Users who have paid Services fees in this instance.
16. Term and Termination
Fiona’s Freedom Foods Ltd. reserves the right to terminate all or part of the Site at any time without notice, and without issuing any refunds if the User is in breach of the TOS. We shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Site or any part thereof.
In respect of the Paid Subscription Services only, Fiona’s Freedom Foods Ltd. reserves the right to terminate User accounts following the expiry of the subscription period and to delete all information and files on these accounts if the User does not renew the subscription.
17. Third Parties
Fiona’s Freedom Foods Ltd. may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons and sponsorships. The User agrees that we have the right to run such advertisements and promotions. Fiona’s Freedom Foods Ltd. does not control the content of any services supplied by third parties, and the inclusion of content does not imply endorsement of the third party by Fiona’s Freedom Foods Ltd. or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the Site or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that Fiona’s Freedom Foods Ltd. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.
(b) Email Marketing
Fiona’s Freedom Foods Ltd. and/or third parties may, from time to time, send email messages to the User containing advertisements, special promotions and other marketing subject to the User's permission. The User must consent to receiving our email messages during the sign in or subscription process or through a link on the Site if they wish to receive any email services, newsletters, special promotions or other marketing materials ("Email Programmes"). We reserve the right to partner with any email marketers to provide these Email Programmes. User correspondence or business dealing with advertisers or third parties found on or through the Email Programmes, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that Fiona’s Freedom Foods Ltd. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
The Site may contain images of and links to third party websites ("Linked Sites"). Linked Sites are not under the control of Fiona’s Freedom Foods Ltd. and the User agrees that we are not responsible for the content of any Linked Sites. The inclusion of a link does not imply endorsement of the Linked Sites by Fiona’s Freedom Foods Ltd. or any association with its owners or operators. User correspondence or business dealing with advertisers or third parties found on or through Linked Sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.
18. Disclaimer of Warranties
(i) Fiona’s Freedom Foods Ltd. provides the Site and Services on an "as is" and "as available" basis, and the User uses the Site and Services at his/her sole risk.
(ii) Fiona’s Freedom Foods Ltd. shall not be responsible for the effect or result of the introduction or entry of any virus into the Site and/or one or any of the Services.
(iii) Fiona’s Freedom Foods Ltd. makes no warranty that the Site or Services will meet the User's requirements; nor that the Site or Services will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site or Services; nor as to the accuracy or reliability of any information obtained through the Site or Services; nor that defects in the Site or Services will be corrected.
(iv) Fiona’s Freedom Foods Ltd. expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
(v) The User understands and agrees that any Content and/or Material downloaded or otherwise obtained through the use of the Site or Services is done at the User's own discretion and risk. Fiona’s Freedom Foods Ltd. is not responsible for any damage to the User's computer system or loss of data that results from the download of such Content and/or Material.
(vi) Fiona’s Freedom Foods Ltd. makes no warranty regarding any goods or services purchased or obtained through the Site or Services or any transactions entered into through the Site or Services.
(vii) Fiona’s Freedom Foods Ltd. accepts no responsibility for deletion, corruption or failure to store messages or content maintained or transmitted by the Site or Services.
(viii) No advice or information, whether oral or written, obtained by the User from the Site shall create any warranty not expressly made herein.
19. Limitation of Liability
Fiona’s Freedom Foods Ltd. shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages, howsoever arising, out of use of the Site or Services.
The TOS shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. The User and Fiona’s Freedom Foods Ltd. agree to submit to the exclusive jurisdiction of the courts of Ireland. The place of performance of this Agreement shall be Ireland.
No right may be assigned and no duty may be delegated by the User under this Agreement except upon the written consent of Fiona’s Freedom Foods Ltd.. Any attempted assignment and delegation without such consent shall be void and without effect. Fiona’s Freedom Foods Ltd. shall be entitled to assign this agreement. This TOS shall be binding upon and shall endure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
22. No Agency
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
If an arbitrator, court or other competent authority finds any provision of this agreement to be void or unenforceable, it shall be deemed to be deleted from this agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.
Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice, failure by Fiona’s Freedom Foods Ltd. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
26. The Services
(i) News /Email Newsletters: This free service (for which registration is required) is provided for informational services only and Fiona’s Freedom Foods Ltd. makes no warranty as to the accuracy and reliability of any information obtained through this service or that any defects in the service will be corrected.
(ii) News Alerts: This free service (for which registration is required) is provided for informational services only and Fiona’s Freedom Foods Ltd. makes no warranty as to the accuracy and reliability of any information obtained through this service or that defects in the service will be corrected.
(h) Mobile Applications
The TOS together with the additional terms set out below apply to any contract between you and Fiona’s Freedom Foods Ltd. when you download Fiona’s Freedom Foods Ltd. Application.
Please read this section carefully before downloading Fiona’s Freedom Foods Ltd. Application.
This document is an end user licence agreement (EULA) which is a legal agreement between you (“End-user or you”) and Fiona’s Freedom Foods Ltd. ( “Licensor, us, or we”) for: Fiona’s Freedom Foods Ltd. News and/or Fiona’s Freedom Foods Ltd. Digital (“ the Apps”).
We licence use of the Apps to you on the basis of this EULA and these TOS and subject to any rules or policies applied by an Appstore provider or operator from whose site you download the Apps (Appstore Rules). We do not sell the Apps to you. We remain the owners of the Apps at all times.
If you do not agree to the terms of this licence, we will not license the App to you and you must stop the downloading process now [by clicking on the "Cancel" button below. In this case the downloading process will terminate.
The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
We may change these terms at any time without notice to you. Please check this page regularly.
From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described below (Devices) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
We may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings.
The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Grant and scope of licence
download or stream a copy of the App onto a mobile telephone or tablet and to view, use and display the Apps on the Devices for your personal purposes only; and
Except as expressly set out in this EULA or as permitted by any local law, you agree:
not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs.
Acceptable use restrictions
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service including the submission of any material(to the extent that such use is not licensed by this EULA);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
You acknowledge that all intellectual property rights in the App, anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, other than the right to use it in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
Limitation of liability
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for any unforeseeable loss or damage.
We may terminate this EULA in accordance with condition 16.
On termination for any reason:
all rights granted to you under this EULA shall cease;
you must immediately cease all activities authorised by this EULA, including your use of any Services;
you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;
Communication between us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by post to Fiona’s Freedom Foods Ltd., Block 8, Link Business Park, Kilcullen, Co. Kildare, Ireland.
If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your request for the App.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control including failure of public or private telecommunications networks(Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
Other important terms
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
27. Additional Terms and Conditions for the Commercial User/Shopper
The Commercial User/Shopper agrees to pay the Commercial User Services fees where applicable as determined by Fiona’s Freedom Foods Ltd. from time to time.
The Commercial User /Shopper agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content without expressly being authorised to do so by the relevant copyright owner. The Commercial User/Shopper further agrees not to use the services to reproduce, scrape, automatically summarise or aggregate any portion of the Content without prior licence or written permission from Fiona’s Freedom Foods Ltd..
(vi) Prices: The prices for Fiona’s Freedom Foods Ltd. Products are zero rated so are exclusive of Value Added Tax (VAT).
Delivery of Third Party Products will be charged separately to the sale price displayed on this site unless otherwise stated.
Delivery charges for Fiona’s Freedom Foods Ltd. Products will be charged as per the displayed sale price and will vary depending on the size and delivery method of the products ordered. The delivery charge for the product will be displayed on screen before you confirm your order.
(vii) Payment: Payment can be made online with the following payment methods accepted: PayPal, Stripe, MasterCard, Visa Debit Card where applicable.
(viii) Fulfilment and Delivery: Fiona’s Freedom Foods Ltd. Products will be despatched for delivery within five working days of receipt of your order, and your order will be fulfilled by any fulfilment date set out in the email confirming your order. Delivery dates will depend on the product ordered and the delivery type chosen.
If you order more than one Product, you should be aware that Products might be delivered separately.
Fiona’s Freedom Foods Ltd. will issue a tracking number with each order and disclose the carrier name to the customer. Fiona’s Freedom Foods Ltd. states that upon shipment notification with tracking number is sufficient as evidence of goods having been despatched to the customer. Fiona’s Freedom Foods Ltd. accepts no responsibility for delayed deliveries, lost deliveries, goods damaged in transit by the carrier. The customer must follow up directly by contacting An Post or Fastway Couriers.
(ix) Cancellation, Returns and Refund Policies: You will have the right to cancel the order prior to receipt by (“You), the customer, of a shipment email notification from Fiona’s Freedom Foods Ltd. To exercise the right to cancel, you must inform us of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post, phone or email). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this contract we will reimburse you all payments received from you including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such a reimbursement.
In the event the Product has been dispatched at the date of receipt of your cancellation of the order, you must return the Product to the Fiona’s Freedom Foods Ltd. and the Supplier will credit your credit or debit card with the price of the relevant Product within 30 days beginning with the day on which notice of the cancellation was given.
All returned products must be sealed in its original wrapping.
If you do not return the relevant Product within 30 days of notice of cancellation, you will be deemed to have accepted it, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site. This does not affect your statutory rights.
If you are returning a Product because of an error on the part of the Supplier or because it is faulty, you must contact us in advance and the Supplier will refund the costs incurred by you in returning the product. Otherwise you will be responsible for those charges.
For your protection, we recommend that you use a recorded delivery service when returning Products or otherwise obtain An Post proof of posting or insurance cover to the value of the unwanted Products. As stated above, you will be responsible for the costs of returning any Products unless they have been delivered to you in error or the Products are faulty.
(x) Content of Products or Services: Any opinions, advice, statements, services, offers or other information that constitutes part of the content of products or services made available for distribution on this Site are those of the respective authors or producers and not of the Site, Fiona’s Freedom Foods Ltd. or its shareholders, directors, officers or employees.
(xi) Our Liability and Disclaimer: To the extent permitted by law, we provide the Site without any warranties or guarantees. In particular, we do not warrant that the Site or any of its contents are virus free. You must take your own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties. Although we do our best to provide constant, uninterrupted access to the Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. The Site provides content from other sources and while we try to ensure that material included on the Site is correct and the Third Party Products offered are of good quality, we cannot accept responsibility if this is not the case and, as stated above, we disclaim all liability in respect of Third Party Products. This disclaimer does not affect your statutory rights against the Third Party Supplier.
To the full extent allowed by law, you agree that neither the Third Party Supplier nor Fiona’s Freedom Foods Ltd. will be liable to you for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or related to the Site. If we are found to be liable to you, our liability shall not exceed the purchase price of the Product. Nothing in these terms and conditions shall exclude Fiona’s Freedom Foods Ltd.' liability or the Third Party Supplier's liability for personal injury or death caused by negligence.
(xiii) Use of Material on the Website: For the purposes of this agreement, "Material" includes, without limitation, text, video, graphics and sound material, published on the Site. You may download and print extracts from the Material and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the Material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Material appearing on the Site. You must not reproduce any part of the Site or the Material or transmit it to or store it in any other website or disseminate any part of the Material in any other form, unless we have indicated that you may do so.
(xiv) Third Party Advertising on the Website: You may see advertising material submitted by third parties on the Site. Individual advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy.
(xv) Governing Law: Contracts for the purchase of goods and services through this Site will be governed by Irish law. Any disputes relating to such contract shall be subject to the exclusive jurisdiction of the Irish Courts.
(xvi) Contact Us: If you have any questions or queries please contact us by providing your name, address, telephone number and details of the product you ordered and addressing your correspondence to Fiona’s Freedom Foods Ltd., Block 8, Link Business Park, Kilcullen, Co. Kildare, Ireland.
29. Gift Vouchers
The purchase of gift vouchers on the Site is subject to the additional terms and conditions set out below:
(i) Gift vouchers are valid for 3 months from the date of purchase.
(ii) Gift vouchers cannot be exchanged for cash.
(iii)Gift vouchers can only be exchanged for the product and/or service for which
they are purchased.
(iv) Gift vouchers will be subject to verification at the time of presentation.
(v) Gift vouchers cannot be extended and cannot be transferred.
(vi)The User has a responsibility to ensure that the email address of the recipient of
the gift voucher is correct and no liability will be accepted by Fiona’s Freedom Foods Ltd. for any
error or inaccuracy in the email address provided by the User.
(vii)Each gift voucher will be valid for a single redemption only.
30. Discount Codes
Fiona’s Freedom Foods Ltd. will make available discount codes to be used online at http://www.nutterlynutritious.com/shop and can only be used upon registration by the customer.
These codes can be used only as stated on the entry form/flyer/leaflet under the terms and conditions of the competition/offer/promotion as stated by Fiona’s Freedom Foods Ltd. We reserve the right to discontinue a discount code at any time without notice to the customer. This does not affect your statutory rights.
Fiona’s Freedom Foods Ltd. does not permit the blatant disregard or abuse of discount codes and does not grant permission for these codes to be distributed to any third party user.