UR LIVING UK TERMS AND CONDITIONS
1. ABOUT US
1.1 These are the Terms and Conditions of UR LIVING trading as “UR LIVING” in the UK. Our registered address is 10 Fairfield Close, Bosham, West Sussex, PO18 8JQ. We operate the website www.urliving.co.uk.
1.2 These terms and conditions govern the relationship between you and UR Living when you purchase a UR Living subscription service These terms and conditions set out important information regarding your rights, obligations and the restrictions that may apply when you purchase any UR Living subscription service. Any reference to "you" or "your", means you as a customer of our UR Living subscription service and/or as a user of our Website. Any reference to "we", "us", "our" or "UR Living" is to UR Living.
1.3 Please read these terms and conditions carefully before purchasing a UR Living subscription service. You should understand that by purchasing a subscription service, you agree to be legally bound by these terms and conditions.
1.4 Please tick the accept box if you accept these terms and conditions. Please note that if you refuse to accept these terms and conditions, you will not be able to purchase any UR Living subscription service. You should print a copy of these terms and conditions for future reference.
2. YOUR STATUS
2.1 By subscribing to UR Living or purchasing a subscription service through our site, you confirm that:
2.1.1 you are legally capable of entering into binding contracts;
2.1.2 you are at least 18 years old.
3. PURCHASE CONTRACT
3.1 All use of our Website and purchases made on this Website are governed by these terms and conditions. After placing an order via our Website, you will receive an e-mail from us confirming your subscription. Your first set of recipes will be sent via email the first Friday following your subscription service payment.
3.2 The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. UR Living may submit periodic charges without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before UR Living reasonably could act. To terminate your authorisation or change your payment method email hello@urliving.co.uk.
3.3 By subscribing to UR Living you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed on our Website. This is subject to variation in accordance with clause 3.5 below. You can deactivate your subscription at any time within the deactivation deadline. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
3.4 UR Living provides subscription services that offer monthly and yearly recurring subscription membership options. When you sign up for the subscription service and choose one of these options, you are committing to the term you have chosen.
3.5 Cancelling your subscription is easily done by emailing hello@urliving.co.uk. You must cancel by midnight Thursday to not be charged for the following weeks’ recipes.
3.6 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud.
4. OUR RECIPES
4.1 The images of recipes on our Website are for illustrative purposes only. Your creations may differ slightly from the images displayed on our Website as food by its nature may vary in colour and size.
4.2 You are also responsible for the preparation and cooking of our recipes. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or cooking of our recipes or any ingredients used.
4.3 You acknowledge that UR Living and any associated parties are not responsible if you react to any ingredients or recipes used in the subscription services. It is your responsibility to check recipes for any food triggers, intolerances, or allergens. Our Recipes sometimes include ingredients from third party suppliers who are responsible for labelling their ingredients correctly.
4.4 All ingredients in our Recipes are subject to availability and prevailing market conditions. In the event of non-availability of any ingredients in our recipes, we can suggest reasonable substitute suggestions.
5. CONSUMER RIGHTS
5.1 You may deactivate an order, or cancel your subscription at any time, however you must do so by Midnight the day before the email delivery (Friday). To deactivate you must email hello@urliving.co.uk by midnight Wednesday.
6. DELIVERY
6.1 For the purpose of these terms and conditions, delivery of our recipes will be done via email every Friday. It is your duty to ensure you have provided us with the correct email address and added us to your safe sender list. Please be sure to always check your junk folder before contacting us in the case that an email hasn’t been received.
7. PRICE AND PAYMENT
7.1 The price of the subscription service will be as quoted on our Website when your subscription is created, except for in cases of obvious error.
7.2 All subsequent orders will be the same cost.
7.3 Payment for all Products and Services must be by Paypal using a credit or debit card.
7.4 Payment details are stored securely by a third party to allow recurring payment for future orders. Further details are set out in our privacy policy available on our Website. UR Living does not have access to view your full credit or debit card details.
7.5 If payment for your order is unsuccessful the email may still be sent and the sale will be deemed to have occurred.
7.5.1 In such circumstances UR Living will re-attempt payment through the recurring payment method.
7.5.2 It is your responsibility to ensure sufficient funds are available to process the payment for the order or update payment details if required.
7.6 If our third-party payment provider has new card details (e.g. your previous card expired or was lost or stolen) these will be updated on our system automatically in order to process future payments on your subscription.
8. PAYMENT COLLECTION
8.1 If payment is not processed when re-attempted by UR Living we reserve the right to recover the debt through alternative means, either directly or through a third party debt collection agency.
8.2 UR Living may contact you via email, letter, call or text to retrieve the funds.
8.3 We reserve the right to suspend or terminate your service when there is an outstanding balance on your UR Living account.
9. OUR REFUNDS POLICY
9.1 We cannot offer refunds for UR Living subscription services in any circumstance.
10. WARRANTY
10.1 We warrant to you that any Recipe developed from us and sold via a subscription service will be of satisfactory quality, and be reasonably fit for all the purposes. Our recipes are all trialled and tested.
11. OUR LIABILITY
11.1 Nothing in these terms and conditions shall restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards office or Citizen's Advice Bureau);
11.2 We shall have no liability under the warranty set out at condition 11.1 to the extent that any damage or defect results from:
1. a modification or alteration of the Recipe by anyone other than us;
2. your or any third party's use of the ingredients in a manner contrary to the instructions given to you by us;
3. fair wear and tear, wilful damage, abnormal storage (i.e. not in a fridge) or working conditions, accident, negligence by you or by any third party; or
4. any failure to use reasonable skill and care in using (i.e. preparing and eating) the ingredients and/or failure to use the Recipes legally and/or for the purposes for which such Recipes are intended to be used.
11.3 Subject to condition 11.1, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to condition 11.4 any losses that you suffer as a result of our failure to comply(whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. We are not responsible for any loss or damage that is not foreseeable at the time we enter into a Contract.
11.4 Subject to condition 11.1 we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss or corruption of data, information or software; or waste of management or office time. However, this condition 11.4 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in this condition 11.4.
12. WRITTEN COMMUNICATIONS
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. NOTICES
13.1 All notices given by you to us must be given to UR Living at hello@urliving.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 163 above. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The Contract between you and us is binding on you and us and on our respective successors and assignees
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 We are the owner or the licensee of all intellectual property rights in our Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
15.2 You may print off copies, and may download recipes, of any pages from our site and the recipes cards contained within our emails for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
15.3 Each subscription login is to be used by only one household. We reserve the right to remove subscribers who distribute our recipes, meal plans, and other content to more than one household.
15.4 If you post comments on the Services to any website, blog or social media network (Commentary) you must ensure that such commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your commentary on our Site and in any advertising or social media outlets which we may create or contribute to.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("events ourside our control").
16.2 An Event Outside Our Control includes any act, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility / breakdown of the use of railways, shipping, aircraft, motor transport or other means of public or private transport including traffic; failure by our suppliers to supply; failure of public or private telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
17. WAIVER
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
18. SEVERABILITY
18.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order a subscription service from us.
21. The Site Does Not Provide Medical Advice
21.1 The content of the UR Living Site, such as text, graphics, images, information obtained from our writers, as well as any other material contained on the UR Living site (“Content”) are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the UR Living site.
21.2 Reliance on any information provided by UR Living or others appearing on the Site at the invitation of UR Living is solely at your own risk.
22. LAW AND JURISDICTION
22.1 Contracts for the purchase of Subscription Services through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England.
