Terms

Terms

    1. Introduction
      1. This website and its mobile application (Platform) are owned and operated by Tyga Food Company Limited (trading as “Tyga”). References to we, us, our and Tyga are to Tyga Food Company Limited.
      2. These terms and conditions (Terms) apply to your use of the Platform and the purchase of any products from the Platform (Products). By accessing the Platform you are deemed to agree to these Terms and our Privacy Policy; if you do not agree to these Terms or the Privacy Policy, please do not continue to use the Platform. A breach of these Terms may result in your access to the Platform and your Account being revoked.
      3. Tyga reserves the right to modify these Terms at any time and the version that will apply to your use of the Platform and purchase of Products will be the version that is current and displayed on the Platform on the date on which you access it so please ensure that you check this page periodically for any updates. These Terms were last updated on [insert date].
      4. If you wish to contact us for any reason, including to make a complaint, please use the contact details provided below.

 

    1. Acceptable Use Policy
      1. It is your responsibility to ensure that your computer system meets the necessary requirements to access and use the Platform; Tyga takes no responsibility for your inability to use the Platform owing to your system’s incapability.
      2. We may suspend, withdraw, restrict or change access to the Platform or parts thereof from time to time at our discretion.
      3. When accessing and using the Platform, you agree not to:
        1. breach any applicable law, regulation or code of conduct or infringe the rights (including intellectual property rights) of any person;
        2. impersonate any other person;
        3. damage, interfere with or disrupt the Platform in any way;
        4. 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 of the Platform;
        5. decrypt, extract, reverse engineer or decompile the Platform;
        6. include any portion of the Platform in any other software program;
        7. develop methods to enable unauthorised parties to use the Platform;
        8. use the Platform in a way that may damage our reputation;
        9. publish or send any information or otherwise behave in a manner which is defamatory, threatening, harassing, invasive of privacy, offensive, racist, discriminatory, obscene, pornographic, misleading abusive or deceptive or involves phishing, scamming or similar; or
        10. remove any identification or notices of any proprietary or copyright restrictions from the Platform or any associated materials.

 

    1. Intellectual Property Rights
      1. All intellectual property rights in or relating to the Platform (including its text, graphics, audiovisual content, trade marks, logos, layout, structure and software) are owned by us or our licensors. You agree that you will not reproduce, distribute, copy or publicly display any content which is not your own content, except to the extent required for your use of the Platform in accordance with these Terms.
      2. If you upload any content to the Platform (your content), you grant us permission (a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable licence) to use your content in connection with the operation of the Platform.
      3. You represent and warrant that you have all rights, power and authority necessary to grant the licence under clause 3.2, and that all your content: (a) complies with all applicable law and regulation; and (b) does not infringe the rights of any third party. You acknowledge and agree that you are liable for all of your content, in whatever form.
      4. You accept that we may remove any material that is uploaded to the Platform without notice and for any reason at our sole discretion.
      5. Where our Platform contains links to other websites and/or resources provided by third parties, these links are provided for your information only. We have no control over the contents of those external websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

    1. Availability of the Platform
      1. Although Tyga endeavours to provide you with the best service possible, we do not guarantee that the Platform will be uninterrupted or error-free all of the time, and we are not responsible for any losses arising from such errors or interruptions. If you notice an error, please contact us.
      2. In particular, your access to the Platform may be restricted at any time to allow for repairs, maintenance, improvement or for other reasons. We will endeavour to restore the Platform’s availability as soon as we reasonably can.
      3. In the event that the Platform is unavailable and you have any queries relating to new or existing Orders, please contact us.

 

    1. Your Account
      1. In order to be able to purchase Products, you must first register to set up an account with us (Account) by filling out the registration form on the Platform.
      2. In order to be eligible to sign up for an Account, you must:
        1. be 18 years or older;
        2. be legally capable of entering into binding contracts;
        3. be resident in and accessing the Platform from [the United Kingdom]; and
        4. be able to provide us with the following information:
          1. your full name;
          2. a valid and current email address;
          3. a valid delivery address; and
          4. valid payment card details.
      3. You agree to disclose true and complete information during the Account registration process, and to update your information promptly in the event that it changes.
      4. We reserve the right to refuse anyone an Account or terminate anyone’s Account at any time at our sole discretion without giving a reason.
      5. It is your duty to keep your Account safe and secure. Please do not share the password to your Account with anyone and always ensure you log off when not using the Platform and ensure that all devices which you use to access the Platform are securely locked when not in your possession. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms. You may not use another person’s Account without the Account holder’s express permission. Accounts are non-transferable.
      6. You must notify us as soon as possible of any unauthorised use of your password or Account or any other breach of security.

 

    1. Purchase of Products
      1. Once you have registered an Account on the Platform you will be able to place orders for Products (Orders). Orders are available for either: (i) one-off deliveries or; (ii) regular deliveries (monthly, bi-monthly or quarterly). You can manage and make changes to your Orders at any time via your Account page.
      2. You can submit Orders by making your selection on the Platform and transmitting the Order to us by clicking on the [checkout/pay now/submit order/other] button. The Platform allows you to review your Order (including the box type, delivery date and frequency) and make any corrections before submitting it to us and by submitting the Order you confirm that you have made any such corrections.
      3. Your submission of an Order amounts to an offer to enter into a contract to buy the Products from us; you cannot then withdraw or cancel your Order except as specifically stated in these Terms. No Order is accepted by us until the Platform displays an order confirmation message.
      4. The Platform allows you to review your previous Orders; you can do this via your Account page whenever you are logged in.

 

    1. Payment 
      1. The price of Products is as quoted on the Platform from time to time (the Price). The Price stated includes VAT and delivery charges.
      2. You authorise us and our third party payment provider ([Stripe], or such other payment provider as Tyga may choose to engage from time to time) to take payments and/or charge your payment card for the relevant amounts by continuous payment authority. If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future Orders in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us.
      3. Upon registering, reactivating your Account, restarting regular deliveries, placing Orders for one-off deliveries or changing card details, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud. This transaction will either be for a zero value, or for a £1 payment which will be taken and then immediately voided. It is possible that your bank may temporarily register a £0 or £1 charge on your account balance. You agree not to hold us responsible for banking charges incurred due to payments on your account.
      4. Payments will be charged two working days before your Order is dispatched to you, both for one-off and regular deliveries. Dispatch of your Order is subject to our being able to charge your payment card.
      5. We reserve the right to change the Price at any time. We agree to notify you at least [14] days in advance of any Price change. If you do not accept the new Price, you should cancel your subscription.

 

    1. Delivery 
      1. Products are delivered in (Boxes) and are dispatched via Royal Mail 2nd class post, although we reserve the right to use an alternative delivery method without prior notification. Boxes are only available for delivery in [the United Kingdom] and will not be delivered to PO Box addresses.
      2. Delivery dates are estimates only and we will not be liable for any losses arising from any delayed delivery to the extent that it is outside our reasonable control and where we could not have taken reasonable steps to deal with such delay. It is your responsibility to notify us of any lost or undelivered Boxes within [5] days of the estimated delivery date.
      3. It is your responsibility to ensure that your letterbox is large enough for our Boxes to be delivered. You can check the sizes of our Boxes here. [If your letterbox is not big enough or you have any other specific delivery instructions, please provide details where indicated when you place your Order.] Due to the perishable nature of our Products, we cannot be held responsible for refunding or replacing Boxes if they are not received by you on the day on which they are delivered.

 

    1. Your right to cancel
      1. You can cancel or amend Orders for regular deliveries at any time up to [2] working days before the payment date for that delivery by viewing previous orders on your Account page.
      2. Additionally, you have a statutory right to cancel Orders subject to the provisions set out below.
      3. There is no right to cancel contracts for the supply of goods liable to deteriorate or expire rapidly. This applies to most of the Products.
      4. If you do have the right to cancel, the following instructions apply:
        1. you have the right to cancel this contract within 14 days without giving any reason;
        2. the cancellation period will expire 14 days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods (or the first delivery of goods in the case of recurring orders);
        3. to exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form at the end of these Terms but it is not obligatory; and
        4. 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.

 

    1. Our right to cancel
      1. We may cancel this contract immediately by email notice at any time if any amount due to us is unpaid, or unjustifiably charged back, or if we discontinue any relevant Products or this service as a whole, or if your Account is inactive for more than [6] months.
      2. In the event of termination of this contract, we shall be entitled to delete your Account, including any unused credit.

 

    1. Discounts
      1. Tyga may offer discount codes or credits from time to time, which will be subject to additional terms and conditions provided to you when such discount code or credit is issued.
      2. Except where stated, discount codes are only available once to any one person and cannot be used in conjunction with any other offer.
      3. Credits cannot be exchanged for cash, are non-transferable and, unless indicated to the contrary at the time of issue, expire [6] months from the date of issue.
      4. Discount codes and credits are accepted by us at our discretion and if we think they are being used fraudulently or in an unfair manner, we reserve the right to reject such discount codes and/or credits.

 

  1. Privacy 

You agree that we may process personal information about you that we gather from your use of the Platform in accordance with our Privacy Policy.

    1. Our Liability
      1. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
        1. use of, or inability to use, the Platform; or
        2. use of or reliance on any content displayed on the Platform.
      2. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
      3. To the extent permissible by law, you and we exclude all terms, whether imposed by statute or otherwise, that are not expressly stated in these Terms.
      4. We will not be liable to you for any failure or delay in performing any obligation under these Terms where such failure or delay arises from any cause beyond our reasonable control.
      5. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      6. Nothing in these Terms shall exclude any liability for death or personal injury caused by our negligence, liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded under applicable law.

 

    1. Indemnity
      1. You agree to indemnify us against all losses, liabilities, damages, costs and expenses and all claims, actions, suits or proceedings arising out of:
        1. any misrepresentation, act or omission made by you in connection with your use of the Platform;
        2. any non-compliance with these Terms; and
        3. any claims brought by third parties arising from or in connection with your use of the Platform.

 

    1. General
      1. We may assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We may only do this if it does not affect your rights under these Terms. You may not assign, sub-contract and/or otherwise transfer your rights or obligations under these Terms to anyone else except with our written consent.
      2. If any of these Terms, including any part of any term, is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms or the relevant part thereof shall remain in full force and effect.
      3. No failure or delay by us to exercise or enforce any right or provision in these Terms will constitute a waiver of such right or provision.
      4. Except as expressly stated in these Terms, nothing in these Terms is intended to confer any rights, remedies or benefits upon any person other than you and us.
      5. These Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
      6. Subject to clause 7.4, you confirm that you have not been induced to enter into a contract on these Terms by any prior representations, whether written or oral, except as specifically reproduced in these Terms and you hereby waive any claim for breach of any such representations which are not specifically reproduced in these Terms.
      7. In these Terms the use of the word “including” shall not limit any preceding category.
      8. These Terms are governed by and interpreted in accordance with the laws of England and Wales. If we or you choose to bring proceedings in connection with these Terms, we or you must do so in the courts of England and Wales, or the courts of the jurisdiction you live in.

 

    1. Company and Contact Information
      1. Company Name: Tyga Food Company Limited
      2. Incorporated in: England and Wales
      3. Company registration number: 09314485
      4. Registered Office Address: Jessop House, Jessop Avenue, Cheltenham, Gloucestershire, United Kingdom, GL50 3WG
      5. Contact Address: [insert]

 

  1. Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To: Tyga Food Company Limited

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*]:

Ordered on [*]/received on [*]:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

[*] Delete as appropriate