Terms & Conditions

Definitions

• 'Website' means www.nourishbyjaneclarke.com, or any other website under Nourish by Jane Clarke's ownership or control from which a link has been created to these.

• 'You', 'your' and 'yours' means the person(s) accessing the Website.

• 'We', 'us' and 'our' means Nourish by Jane Clarke.

• 'Material' means any information, data, text, graphics, links, programming code or other material published, contained or available on the Website.

• 'Terms and Conditions' means the terms and conditions set out below, including where applicable, the 'Registration Terms and Conditions' (defined below).

Changes to the Terms and Conditions

We reserve the right to change these Terms and Conditions at any time. Please check back regularly because the amended Terms and Conditions will apply to your continued use of the Website. Certain provisions may be extended or superseded by expressly designated legal notices or terms located on particular pages of the Website.

Contacting us about our Terms and Conditions
If you are uncertain about anything in these Terms and Conditions please send an email to enquiries@nourishbyjaneclarke.com

Users

The Website is intended for people accessing it from within the United Kingdom. We cannot guarantee the site or the information it contains complies with or is appropriate for use in other countries.

Material on the Website

Material on the Website is provided 'as is' and for information purposes only. Whilst every care is taken in compiling the information on the Website we do not make any warranties or representations as to its accuracy or reliability. We may make changes to the Material on the Website at any time without notice.

Certain information on the Website may contain typographical or other errors or be out of date, and we make no commitment to update such information. We and any third parties referred to on the Website assume no responsibility for how you use the information provided through the Website.

Medical information

Any medical information referred to in or through this Website is given for information purposes only and it is not intended to constitute professional advice for medical diagnosis or treatment, to replace consultation with a qualified medical practitioner, or to advocate or recommend the purchase of any product or to endorse or guarantee the credentials or appropriateness of any healthcare provider. You are strongly advised to consult with an appropriate professional for specific advice tailored to your situation.

Links

Where we provide hypertext links to other websites, we do so for information purposes only. We are not responsible for the content of any other websites or pages linking to or from our Website. We have not verified the content of any such websites and links to other websites do not imply any endorsement of the material on those Websites.

If you choose to follow links to other websites you do so at your own risk. It is your responsibility to take all protective measures to guard against viruses or other destructive elements. If you would like to establish a link to our website, please ask our permission before you do so. You can request permission from us by sending an email to enquiries@nourishbyjaneclarke.com

Use of the Website and copyright

You may access, view and print copies of Material contained in the non-password protected parts of the Website as long as you comply with these Terms and Conditions and:

• you use the Material for information purposes and for your non-commercial, personal use only.
• all copyright, trade mark and other proprietary notices are kept on the Material.
• you do not modify, reproduce, display, distribute the Material or perform the Material for any public use without prior written consent from Nourish by Jane Clarke.

Service access

Whilst we try to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Liability

Neither we, nor any other party involved in creating, producing, maintaining or delivering the Website, will be liable for any amount or kind of loss or damage that may result to you or a third party including without limitation any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, whether in tort, contract or otherwise (including without limitation negligence) in connection with: your use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites; or any amount or kind of loss or damage including without limitation any loss or damage due to viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing the Website or your downloading of any Material from the Website or any websites linked to the Website.

In so far as we are able we exclude all liability for all direct, indirect, punitive or consequential loss or damage which arises out of or in connection with the use of the Website.

Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977), fraud, or misrepresentation as to a fundamental matter.

If your use of the Website results in the need for servicing, repair or correction of your equipment, software or data, you assume all costs of this.

Privacy and data protection

We are committed to protecting your privacy online.
We protect any personal information you give us while you use our websites.

This policy applies where we are acting as a data controller with respect to the personal data of [our website visitors and service users]; in other words, where we determine the purposes and means of the processing of that personal data.

This policy is written in accordance with the General Data Protection Regulation 2018.

This Privacy Policy applies to the nourishbyjaneclarke.com website and its associated sites operated by Nourish by Jane Clarke.

By continuing to use this Website you are agreeing to the processing of your personal information in accordance with this privacy policy.

Credit

This document was created using a template from SEQ Legal.

How we use your personal data

In this section we have set out:

(a) the general categories of personal data that we may process;
(b) [in the case of personal data that we did not obtain directly from you, the source and specific categories of that data];
(c) the purposes for which we may process personal data;
(d) the legal bases of the processing.

We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics and Shopify. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

We may process your account data ("account data"). The account data may include your name and email address. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may include name, address, telephone number and email address. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your contact details, and information contained in communications between us. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.

We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.

We may process[information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters]. The legal basis for this processing is consent.

We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

In addition to the specific purposes for which we may process your personal data set out in this Section, we may also process any of your personal data where such processing is necessary[for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Please do not supply any other person's personal data to us, unless we prompt you to do so.

Providing your personal data to others

We may disclose your personal data] to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of [obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure].

In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

International transfers of your personal data

In this Section, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

MailChimp, Google Analytics and PayPal have in the US. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of this country. Transfers to this country will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from.

You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

Retaining and deleting personal data

This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

We will retain your name, postal and email address when you place an order through the Site. We will maintain your Order Information for our records unless and until you ask us to delete this information.

In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained.

Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Amendments

We may update this policy from time to time by publishing a new version on our website.

You should check this page occasionally to ensure you are happy with any changes to this policy.

Your rights

In this Section, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

Your principal rights under data protection law are:

(a) the right to access;

(b) the right to rectification;

(d) the right to restrict processing;

(e) the right to object to processing;

(f) the right to data portability;

(g) the right to complain to a supervisory authority; and

(h) the right to withdraw consent.

You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To the extent that the legal basis for our processing of your personal data is:

(a) consent; or

(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

About cookies

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

Cookies used by our service providers

Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.

We may publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative's multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996.

Managing cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/kb/PH21411 (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

Blocking all cookies will have a negative impact upon the usability of many websites.

If you block cookies, you will not be able to use all the features on our website.

Our details

This website is owned and operated by Jane Clarke whose registered office is at Post Office Lane LE15 8TZ.

You can contact us using our website contact form or by email at enquiries@nourishbyjaneclarke.com

Prize Draws and Competitions

Nourish by Jane Clarke prize draws and competitions are open only to residents of Great Britain aged 18 and over as at the time of the competition opening. Employees of Nourish by Jane Clarke or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.

There is no entry fee and no purchase necessary to enter a competition.

Only one entry per person per prize draw competition will be accepted.

Obscene or inappropriate entries will not be accepted and Nourish by Jane Clarke reserves the right to reject any entries for any reason at its sole discretion.

Only one entrant per household.

The winner will be selected at random by an independent 3rd party.

No responsibility can be accepted for entries not received for whatever reason.

The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

To the extent permitted by applicable law, the promoter’s liability under or in connection with the prize draw competition or these terms and conditions shall be limited to the value of the prize in question.

To the extent permitted by applicable law, the promoter shall not be liable under or in connection with these terms and conditions, the prize draw competition or any prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.

The promoter will contact the winner to arrange delivery of the prize to them at no cost to the winner.

The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.

The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

The winner’s name will be available 28 days after closing date by sending a stamped addressed envelope to the following address: Nourish Competition, 90 Queens Park Road, Brighton, East Sussex BN2 0GL.

Entry into the competition will be deemed as acceptance of these terms and conditions.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Nourish by Jane Clarke and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://www.nourishbyjaneclarke.com/pages/terms-conditions.

The promoter is: Nourish by Jane Clarke whose registered office is at Post Office Lane LE15 8TZ.