Terms & Conditions

Updated: [October 2024]

 

These terms set out the terms and conditions for using our Services and any purchases you make via the Services ("Terms and Conditions").

 

The Website and App are operated by Conilon Ltd (t/a Black Sheep Coffee with registered office at 81 Southwark Street, London SE1 0HX with registration number: 08663274 and VAT number: GB271427901 except our online ordering platform (https://blacksheepcoffee.vmos.io/) which is operated, on our behalf, by Vita Mojo International Ltd (Company number 09852472 and whose registered office is at FAO FKGB, 201 Haverstock Hill, Belsize Park, London NW3 4QG).

 

If you purchase any goods or place an order through the Services then your relationship (and therefore your contract) will be with us, Conilon Ltd (t/a Black Sheep Coffee) except where your  purchase is made via our Kiosk or the Website/App to collect in store at one of the franchises listed here

Throughout these Terms and Conditions we refer to "we", "our" or "us" and the relevant party depends on your interaction with us as outlined above.

 

By using our Services, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Services immediately. Please check this page from time to time to take notice of any changes we make to the Terms and Conditions.

 

1. Definitions and Interpretation

In these Terms and Conditions, the following terms shall have the following meanings:

 

“Account” means a Black Sheep Coffee account either through the Website or App (including the Loyalty Program);

“App” means the Black Sheep Coffee mobile application;

“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Services;

“Goods” means any products that we advertise and/or make available for sale through the Services;

“Kiosk” means our in store self-service systems used to purchase Goods;

“Loyalty Program” means our rewards scheme available through the App;

“Payment Information” means any details required for the purchase of Goods from the Services. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises” means our place(s) of business located at 81 Southwark Street London, SE1 0HX;

“Services” means collectively the Website, the App, Kiosks, Loyalty Program and any online facilities, tools, services or information that we make available through these either now or in the future;

“System” means any online communications infrastructure that we make available through the Services either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Services and is not employed by us and acting in the course of their employment; and

“Website” means http://leavetheherdbehind.com, https://blacksheepcoffee.vmos.io/ and any sub-domains of these sites (e.g. subdomain. Leavetheherdbehind.com) unless expressly excluded by their own terms and conditions.

 

2. Age Restrictions

Our Services are aimed at over 18s only. Persons under the age of 18 should not use or access the Services.

 

3. Business Customers

These Terms and Conditions do not apply to customers buying Goods in the course of business. 

 

4. International Customers

Our Services are for UK based individuals only. Unfortunately, at this time we do not deliver Goods outside of the UK. 

 

5. Intellectual Property

5.1 Subject to the exceptions in paragraph 6 of these Terms and Conditions, all Content included as part of the Services, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is owned by us, our affiliates or other relevant third parties. By continuing to use the Services, you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.

5.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Services unless otherwise indicated on the Services or unless given express written permission to do so by us.

 

6. Third Party Intellectual Property

6.1 Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, in product images and descriptions, belong to the manufacturers or distributors of such products as may be applicable.

6.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Services or unless given express written permission to do so by the relevant manufacturer or supplier.

 

7. Links to Other Websites

Our Services, including any promotions or advertisements, may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on our Services does not imply any endorsement of the sites themselves or of those in control of them.

 

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://leavetheherdbehind.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires our express permission. To find out more please contact us by email at orders@leavetheherdbehind.com.

 

9. Use of the Services

9.1 You agree that you will not:

9.1.1 misuse the Services or use the Services for any unlawful purpose or to create any liability for or cause damage to us in anyway;

9.1.2 use the Services in any way that breaches any applicable local, national or international law or regulation;

9.1.3 use any materials on the Services or the Services themselves for any commercial purposes;

9.1.4 use the Services to harm or attempt to harm any individual;

9.1.5 attempt to gain unauthorised access to the server on which our Services are stored or any server, computer or database connected to our Services;

9.1.6 use the Services to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

9.1.7 modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law;

9.1.8 interfere with, damage or impair the functionality or any third party's use of the Services;

9.1.9 circumvent or manipulate the operation or functionality of the Services or attempt to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Services;

9.1.10 breach or attempt to breach the security of the Services or identify any security vulnerabilities in it;

9.1.11 use or attempt to use robots, crawlers and similar applications or methods to collect, scrape or compile content from the Services;

9.1.12 use the Services to develop or create a similar or competitive product or service; nor

9.1.13 remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices.

9.1.14 share your password, Account details or any QR codes, benefits or coupons with any other person. It is your responsibility to keep these safe. We are not responsible for any unauthorised use of your Account, QR codes or other Loyalty Program benefits (except where this is due to our fault or negligence).

 

10. Uploaded Content

10.1 When uploading any Content to the Services or using the free text box when placing an order or making an enquiry or any other system on the Services you should do so in accordance with the following rules:

10.1.1 you must not use obscene or vulgar language;

10.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3 you must not submit Content that is intended to promote or incite violence;

10.1.4 it is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

10.1.5 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.6 you must not impersonate other people, particularly employees and representatives of Black Sheep Coffee or our affiliates;

10.1.7 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”; and

10.1.8 you must not upload any Content that infringes any intellectual property rights or is in breach of any obligation owed to a third party, or is false, inaccurate or misleading.

10.2 You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.

10.3 You acknowledge that we may use, copy, distribute or disclose any Content you upload and we may retain copies of any and all communications made to us or using our System.

10.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

10.5 We will not be responsible for the content or accuracy of any materials posted by you or any other user of our Services and we have the right to remove any material or posting you make on our Services.

 

11. Accounts

11.1 In order to make a purchase on the Website, to use the App (including our Loyalty Program) and to use the enquiry form facilities you are required to create an Account with us which will contain certain personal details and Payment Information which may vary based upon your use (i.e. as we may not require Payment Information until you wish to make a purchase). By continuing to use the Services you represent and warrant that:

11.1.1 all information you submit is accurate and truthful;

11.1.2 you have permission to submit Payment Information where permission may be required; and

11.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

11.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact us using our online contact pages here or at app@leavetheherdbehind.com immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that given the nature of our products, there are strict time limits on when purchases can be cancelled (see "Cancellation" section below for more information). In the event that an unauthorised purchase is made for home delivery (either using your card details or loyalty points), prior to you notifying us of the unauthorised nature of the purchase, we accept no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.

 

12. Suspensions and Termination of your Account or access to the Services

12.1 We may suspend and/or terminate your Account or your access to the Services (including a subscription), if:

12.1.1 you breach these Terms and Conditions (or any other terms that apply to you);

12.1.2 we believe you have infringed the rights of a third party and failed to remedy this when notified to do so;

12.1.3 your Account is inactive for two (2) years. This means you have not made a purchase or accessed your Account during that two (2) year period;

12.1.4 your Account and/or use or access to the Loyalty Program, subscriptions  or other Services is being used in a fraudulent, improper, unlawful or unfair way.

12.2 If we terminate or suspend your rights to access the Services / your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate or suspend your access to the Services / your Account without giving reasons where there is a risk of fraud, a security incident or a technical or legal requirement. This obligation does not prevent us from suspending or withdrawing the Services for everyone. In addition, you will no longer we able to access the Services / your Account and any Content and rewards may also be deleted.

12.3 If your Account is suspended / terminated (by you or us):

12.3.1 any current or pending purchases on your Account will not be cancelled;

12.3.2 all Benefits accrued will be void;

12.3.3 any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

 

13. Goods, Pricing and Availability

13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods correspond to the actual Goods, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to paragraph 15.1 for incorrect Goods.

13.2 Where appropriate, you may be required to select the required size, variety and other features of the Goods that you are purchasing.

13.3 We do not represent or warrant that such Goods will be available. Stock indications may be provided on the Services however these may not take into account sales that have taken place during your visit to the Services.

13.4 All pricing information on the Services is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

13.5 In the event that prices are changed during the period between an order being placed for Goods and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price and you will have the choice to cancel your order.

13.6 All prices include VAT.

 

14. Placing an order

14.1 With our different channels you may order Goods from us by:

14.1.1 ordering on the Website for home delivery including our Bean subscription (i.e. not using one of delivery partners like Uber Eats, Deliveroo or Just Eat); or

14.1.2 ordering Goods for collection in-store.

For all purchases, your order constitutes a contractual offer and our acceptance of that offer is deemed to occur when we send an email accepting your order. An order acknowledgment is not acceptance of your order.

Home Delivery

14.2 We will notify you by email when your Goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

 

15. Returns Policy

We aim to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

Good purchased on our Website for home delivery

15.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 14 days of delivery to arrange collection and return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.

15.2 If any Goods you have purchased have faults when they are delivered to you, you should contact us to arrange collection and return. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods plus any shipping costs, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

15.3 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to us within 10 days and arrange collection and return. We are not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

15.4 If you wish to return such Goods to us for any of the above reasons, please contact us using orders@leavetheherdbehind.com for alternative methods of arranging the return of Goods and to make the appropriate arrangements. All Goods returned must be sent using a signed for form of delivery.

15.5 We reserve the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

15.5.1 Any use or enjoyment that you may have already had out of the Goods;

15.5.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

15.5.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase;

Such discretion to be exercised only within the confines of the law.

Goods purchased for collection in store

15.6 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, or are not to the Black Sheep Coffee standard you would expect, you should speak to the store immediately to discuss your order. The store you purchased from will be responsible for dealing with any concerns or issues with your order.

15.7 Stores may choose to prepare a new order or refund you through the payment method used by you when purchasing the Goods.

 

16. Cancellations

Our rights to cancel orders

16.1 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch/collection notification.

16.2 If purchases are cancelled by us for any reason prior to dispatch/collection, you will be refunded any monies paid in relation to those purchases.

Your rights to cancel orders:

16.3 For certain goods, you have a statutory right to a “cooling off” period. This period begins once your order is accepted and ends 14 working days after the Goods have been delivered. You should note that this does not apply to products that are liable to deteriorate or expire rapidly, such as food, drinks and other perishable goods (i.e. beans).

16.4 For any Goods where the cooling off period applies (i.e. merchandise on our Website), and you change your mind about the goods within this period, please return them to us within 14 working days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.

Order for home delivery

16.5 In addition, you may cancel at any time prior to acceptance of your order. To cancel you order, please contact us at orders@leavetheherdbehind.com.

Kiosk and In-store orders

16.6 For all Kiosk or collect in store orders, you can cancel your order up to the point that our staff start working on them. For some orders that is immediately as the order was placed. For scheduled orders, that is a certain amount of time before the collection time. For that reason, we cannot offer refunds and cancellations for all orders.

If you wish to cancel an order, please contact the relevant store where you are collecting the Goods to see if this is possible.

 

17. Bean Subscriptions

17.1 We offer bean subscriptions to allow you to have the great taste of our coffee in the comfort of your own home. The cost of your subscription is based on the bean type, bag size and frequency of your deliveries – this will be made clear to you when you first place a subscription order and you can always check this in your Account.

17.2 You can modify most elements of your subscription at any time via your Account including frequency, delivery address, billing address (see our FAQs on how to do this). If you would like to change the bean, you will need to cancel your subscription and sign up for a new one.

17.3 Your subscription will automatically renew at the start of each billing period unless and until you terminate your subscription or we terminate it. You can terminate your subscription at any time. To avoid being charged for a new period of subscription fees, you should cancel your subscription at least seven days before the expiry of the current subscription billing period. If you cancel   

17.4 If you wish to pause or cancel your subscription, please do so via your Account or by contacting us at orders@leavetheherdbehind.com.

Changes to subscription fees

17.5 We may modify the subscription fee at any time. We will provide you with reasonable prior notice of any change in subscription fee. If you wish to cancel your subscription based on a price increase, you can do this via your account.

17.6 All other provisions relating to ordering online apply to subscriptions.

 

18. Loyalty Program

18.1 We want to give thanks and rewards to our loyal customers. Our Loyalty Program allows customers to accrue rewards each time you make a purchase from a participating store as well as other features, including:

18.1.1 Participating in exclusive offers for our Loyalty Program members;

18.1.2 Earn points on qualifying purchases to redeem against future purchases.

See below for further details on each of these features.

18.2 To participate in our Loyalty Program, you must have a valid Account, be located in the UK and over the age of 18. The Loyalty Program is only available via our App – therefore you will also need a compatible device and internet connection.

18.3 We reserve the right to make amendments to the Loyalty Program (including the Benefits made available) at any time.

18.3.1 Point Accumulation Plans: Our loyalty plan allows you to earn points for each purchase you make in one of our stores or online. You can see your current point total in the App. These points are then redeemable for certain vouchers in the App (known as "Benefits"). To redeem a Benefit, you must show the QR code at any participating stores, or where the Benefit can be used online, enter the Benefit code. For a list of these stores, see here. Any points and Benefits are issued free of charge, have no cash value and cannot be redeemed for cash or refunded. Each Benefit will have an expiry date. If you fail to redeem the Benefit by the expiration date, the Benefit will automatically expire.

18.3.2 Exclusive deals: On the App we may also issue coupons or deals from time to time. To use the coupon or deal, you need to key in, scan and/or read at checkout/payment page or by the cashier in the in store the coupon or deal code. Only one coupon/code may be used for each transaction, unless stated otherwise on the coupon. Each coupon/code can be used only within the valid dates thereon. Expired coupons/code will not be accepted. Coupons/code may be subject to certain limitations and/or preconditions as indicated thereon. Fraudulent or counterfeit coupons (as determined by us) will not be accepted. Coupons cannot be exchanged for cash or gift cards. We reserves the right to honour, limit the use of or revoke any coupon. We may decide in its sole discretion not to honour coupons which it does not recognize or have allegedly already been used. Coupons not honoured shall be deemed invalid.

18.4 Benefits and coupons will also automatically expire if you remove the App from your device, we decide to terminate the Loyalty Program (in whole or part), or our agreement with the Loyalty Program provider terminates for any reason.

18.5 Your Benefits and coupons are personal to you and may not be sold, transferred, assigned to or share with anyone else.

18.6 When you redeem a Benefit or coupons, we will automatically redeem and deduct that Benefit or coupon from your Account. If you have two of the same Benefit or coupon, we will automatically choose the Benefit or coupon which is due to expire first.

18.7 Our service providers will not be responsible for any Benefits or coupons not honoured by us for any reason or any disagreement or dispute in regard of such card.

 

19. Promotion and Discount 

• During certain times, we may run promotions across our sites through third parties or by other forms of communication.
• Promotional Codes are only valid for a limited period of time as specified in the communication to you and cannot be used outside of that time period.
• Promotional Codes can only be used by you and are non-transferrable to another person.
• Improper use of the Promotional Codes by you, including but not limited to its publication or sales by you, in prohibited and it shall constitute a violation of these Promotional Code Terms and Conditions and entitles Black Sheep Coffee to prevent you from using or benefitting from any Promotional Codes.
• Black Sheep Coffee reserves the right to withdraw, amend or extend Promotional Codes at any time, on reasonable notice to you.

 

In the event that you receive, access or otherwise obtain a promotion code, the following Terms and Conditions will apply:

 

19.1 UNiDAYS 20% discount off our entire menu

To use the UNiDAYS promotion:

• Click on the ‘JOIN NOW’ button on our website 

• You will prompted to either verify or sign in to UNiDAYS and you will then receive a promo code 

• Enter your unique promo code provided by UNiDAYS during checkout. One single-use code per transaction.

• You will receive: 20% off your entire purchase. No exclusions. 

• Can be used only in the United Kingdom

 

 ELIGIBILITY: This promo code:

• Starts: 18/03/2024
• Ends: 18/03/2025
• Can only be used by enrolled and verified undergraduate UNiDAYS members
• Only one code can be used per transaction.
• Can be used only in the United Kingdom.

 

19.2 UNiDAYS Monday Unlimited £2 Coffee Student Promotion

To use the UNiDAYS promotion:

• Visit the UNiDAYS app to log in and  locate the Black Sheep Coffee partner page 
• Reveal your promo code and show this in store / at a Kiosk 
• You will receive: one regular sized barista made drink for £2, all add ons and other items will be charged as extra.  

 

ELIGIBILITY This promo code:

• Starts: 18/03/2024
• Ends: 18/03/2025
• Can only be used by enrolled and verified undergraduate UNiDAYS members
• Only one code can be used per transaction.
• Can be used only in the United Kingdom. 
• Is only valid for selected items, exclusions apply please see below. 

 

Included in £2.00 Coffee Offer 

• Blueberry Matcha Latte
• Iced Blueberry Matcha Latte
• Pistachio Latte
• Iced Americano
• Iced Chai Latte
• Iced Chocolate
• Iced Latte
• Iced Matcha Latte
• Iced Mocha
• Iced Pistachio Latte
• Iced Tea
• Iced Turmeric Latte
• Babyccino
• Chai Latte
• Hot Chocolate
• Matcha Latte
• Turmeric Latte
• English Breakfast Tea
• Earl Grey Tea
• Peppermint Tea
• Green Tea
• Citrus Tea
• Matcha Green Tea
• Lion's Mane Latte
• Iced Lion's Mane Latte

 

Excluded 

• Coffee Frappe
• Lychee Iced Tea
• Mango Lychee Sunrise Bubble Tea
• Pineapple Iced Tea
• Salted Caramel Coffee Frappe
• T'oatally Tropical Bubble Tea
• Vietnamese Iced Coffee
• Pumpkin Spice Latte
• Pumpkin Spice Matcha Latte
• Iced Pumpkin Spice Matcha Latte
• Apple Crumble Matcha Latte
• Iced Apple Crumble Matcha Latte
• Gingerbread Latte
• Gingerbread Matcha Latte
• Iced Gingerbread Matcha Latte
• White Mint Choc Matcha Latte

• Iced White Mint Choc Matcha Latte

 

19.3 Social Media Matcha Competition

 

1. Entrants must be UK based
2. Two winners will be selected to win a year's supply of matcha drinks each. This entitles the winners to 5 drinks each per week, totalling 260 vouchers per person for the year.  
3. Winners will have access to their prizes only by downloading and ordering from the Black Sheep Coffee APP in which the vouchers will be loaded onto. The app is available across all U.K stores.
4. Winners cannot build up multiple vouchers and place one big order. You will not be able to use more than 3 vouchers at any time.
5. Vouchers are valid for one year only. 
6. Competition closes on the 5th August and the winners will be contacted via @black_sheep_coffee official blue tick instagram. You will not be contacted by anyone else. 
7. Add ons to our standard matcha drinks will be an additional cost and not included within the normal restrictions of the product vouchers. e.g if you wanted to add an extra pump of vanilla to our vanilla matcha etc.
8. Vouchers are valid for one year only from the date of announcing the competition winner.

 
19.4 UNiDAYs Autumn Competition 

Competition will be live for 7 days (25th Oct - 1st Nov).

UNiDAYs will select FIVE winners and will share their information with Black Sheep Coffee to setup their prizes.
Winners must each download the Black Sheep Coffee app and register an account in order to access their prize.

 

1. The winners will each need to download the Black Sheep Coffee APP and register an account.
2. Please let us know which email you’ve registered with in order to receive your 4 x Free Barista Drink vouchers every month for the year.
3. The vouchers include all Barista made drinks hot and iced including our matcha’s. Please note this offer excludes our smoothies and shakes.
4. The vouchers can be used at any Black Sheep Coffee stores in the UK and are valid for one year from when they are added to the account.

 

20. Mo Additional terms for the App

20.1 The ways in which you can use the App may also be controlled by the app marketplace that you use.

20.2 The app marketplace operator is a third party beneficiary to the Terms and Conditions for the App, and on your acceptance of the Terms and Conditions, they will have the right to enforce the Terms and Conditions against you.

20.3 The following additional terms and conditions will apply to you if you download the App from the Apple App Store:

20.3.1 Scope of licence: The license granted to you for the App is limited to a non-transferable license to use the App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.

20.3.2 Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms and conditions (if any) or as required under applicable law. We and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

20.3.3 Warranty: We are solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

20.3.4 Product Claims: We and you acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

20.3.5 Intellectual Property Rights: We and you acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes the third party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

20.3.6 Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

21. Privacy

As part of your use and access to the Services, we use your personal data as set out in our Privacy Notice. To view the Privacy Notice, please see here.

 

22. Disclaimers

22.1 We make no warranty or representation that the Services will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

22.2 No part of the Services is intended to constitute advice and the Content should not be relied upon when making any decisions or taking any action of any kind.

22.3 No part of the Service is intended to constitute a contractual offer capable of acceptance.

22.4 Whilst we use reasonable endeavours to ensure that the Services re secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

 

23. Changes to these Terms and Conditions

23.1 We reserve the right to change these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Services following the changes. Where there are material changes we will provide more prominent notice of such changes either via email or a notice within the Services.

23.2 Where these changes are to make the Terms and Conditions clearer or easier to understand we will not always provide this notice, or if such changes are to your benefit.

23.3 If we are required by law to make any changes to the Terms relating to the sale of any Goods, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future. If these changes affect a pending order, we will notify you as soon as practicable of such changes.

23.4 Please check the "updated" date at the top of the Terms and Conditions to see if any changes have been made since your last use. 

 

24. Changes to the Services

We reserve the right to change, modify, discontinue or terminate the Services (including any Content and Goods) at any time. If we decide to terminate any element of the Services, we will (where commercially viable) aim to give you 45 days notice prior to this.

 

25. Availability of the Services

25.1 The Services (including any Account) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

25.2 We accept no liability for any disruption or non-availability of the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

25.3 We may change the appearance, settings or any part of the Services or provide updates to Services at any time which may impact the appearance or, functionality of any Content uploaded.

 

26. Our responsibility to you

26.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Services or any information contained therein. Users should be aware that they use the Services and its Content at their own risk.

26.2 In respect of Goods, we are responsible for any foreseeable loss and damage you suffer are a result of us breaching any contract for Goods with you. This does not cover any unexpected losses, or delays from events outside our control, any business losses or something that you could avoided by taking reasonable action.

26.3 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud; for breach of your legal rights in relation to goods; or any other losses that cannot be excluded or restricted under the law.

26.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

 

27. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

28. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. 

 

29. Rights of other parties

Subject to clause 20, the agreement created by these Terms and Conditions is between you and us. Nobody else can enforce it and nothing in these Terms and Conditions shall confer any such rights upon any third party.

 

30. Complaints and how to contact us

30.1 For all queries regarding the Services and any products or orders purchased from us, please contact us using the contact us page on our website or at orders@leavetheherdbehind.com. For any in-store collections, we recommend you speak to the store regarding any queries or complaints first as they will be available to deal with this.

30.2 In the event you have a complaint regarding a product or service purchased from us please contact us at orders@leavetheherdbehind.com

 

31. Law and Jurisdiction These Terms and Conditions and the relationship between us shall be governed by and construed in accordance with the laws of England and Wales and we and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.