Terms & Conditions via a Trial Subscription
1.1. Access to or use of the Website (defined below) or use of any facilities or any part of the Insights Service (defined below) made available through the Website or otherwise, is subject to the terms and conditions that appear below (all of which are called the “Terms”).
1.3. The Website and any of the facilities and any part of the Insights Service are intended for use by a business or commercial customer only. You, for yourself (being a User), and also you (for and on behalf of any organisation you represent) jointly and severally warrant and represent that you are not a consumer or using any of the Website or any of the facilities or any part of the Insights Service for a non-commercial purpose.
1.4. These Terms are intended for Users who are not subject to a paid Subscription and who are accessing the Website or Insights Services by means of the Free Functionality only. If you are subject to a paid Subscription, see the Terms and Conditions for Subscription Users here.
1.5. mySupermarket Limited (Company No 5920495) is registered in England with its registered office at Lower Ground Floor, 1 Great Cumberland Place, London, W1H 7AP, England (and is called “mySupermarket” in these Terms).
2.1. In these Terms, unless the context otherwise requires:
2.1.1. “Client” means the User using the Website or Insights Service and (jointly and severally) any organisation you represent
2.1.2. “Data” means business intelligence and data relating to the Supermarkets and the goods and services they offer or do not offer; business intelligence and data relating to product placement and presentation on the Supermarkets; business intelligence and data relating to certain activities recorded through www.mySupermarket.co.uk; or any other business intelligence and data which may be made available to the Client via the Insights Service.
2.1.3. “Free Functionality” means any Insights Service functionality or Data which is available to a Client free of charge.
2.1.4 “Insights Service” means any service provided by mySupermarket whereby mySupermarket provides or procures the provision of Data to Client and which service may include and be provided as:
22.214.171.124. “Online Services”: provision of Data services and reports by mySupermarket via the Website, including Client using such different tools and functionalities made available by mySupermarket via the Website, to manipulate, filter and display such Data in different ways; and
126.96.36.199. “Offline Services”: provision of Data services and reports provided by mySupermarket via other electronic communication, and any related tools and/or functionalities made available to the Client by mySupermarket in respect of this Data or these services.
188.8.131.52. “Other Services”: any other Data, services, reports, tools and functionalities provided by mySupermarket in respect of Data in any other form whatsoever;
184.108.40.206. all of the above is always provided that the degree and extent to which Data is available and the degree and extent to which and methods by which Client is entitled to view, filter and manipulate that Data is dependent on the level of access which has been made available to Client.
2.1.5. “Offline Supermarket” means a Supermarket which does not offer the sale of its FMCG products to the general public via an online dedicated website for this purpose.
2.1.6. “Online Supermarket” means a Supermarket which offers the sale of its FMCG products to the general public, inter alia, via an online dedicated website for this purpose.
2.1.7. “Software” means any proprietary software utilised by mySupermarket to enable use of the Insights Service.
2.1.8. “Supermarket” means any supermarket (or other provider of goods and/or services selected by mySupermarket from time to time) whose products and services, from time to time, may be listed as part of the Data. The Supermarkets made available may change from time to time and different Data on the different Supermarkets may or may not be available from time to time or may or may not be included in any particular functionality.
2.1.9. “User” means a single individual human being (who may be specified by name).
2.1.10. “Website” means the website through which the Insights Service Online Services are offered, currently www.mysupermarket-insights.co.uk
2.2. mySupermarket Insights reserves the right to amend these Terms from time to time, at its sole discretion and without any advance notice.
2.3. All amendments to these Terms will be posted on-line. Continued use of the Insights Service or the Website or accessing Data will be deemed to constitute acceptance of amendments to these Terms.
3. PROVISION (AND LIMITATIONS) OF THE INSIGHTS SERVICE
3.1. Use of the Insights Service and the Website and access to Data are each subject to the terms and conditions set out in these Terms.
3.2. To use the Website and/or the Insights Service and/or to access Data, Client must not be a consumer and Client warrants and represents that, for the purposes of these Terms, it is not a consumer.
3.3. Free Functionality:
3.3.1. The Insights Service access levels, including the specific functionalities, tools and Data made available, overall service access and other parameters are set out on the Website and/or otherwise made available by mySupermarket. These parameters are subject to change by mySupermarket at any time, and at our sole discretion.
3.3.2. As the name implies, Free Functionality is free of charge. You may elect to use Free Functionality by just using that Free Functionality. However, use of Free Functionality will require registration by you by mySupermarket and may further require our approval of your registration, as per our sole discretion. (Please see further Clause)
3.3.3. A legal contract comprised of these Terms in respect of any Free Functionality is formed when you start using or accessing that Free Functionality.
3.4. Much of the functionality of the Insights Service and the Website relates to the making of comparisons, and the display of different information, relating to aspects of goods and services offered by the Supermarkets. Such comparisons may be achieved and information displayed in a variety of different ways depending on: (i) the comparison functionality available from time to time on or through the Insights Service generally; and (ii) any particular Package applicable to Client.
3.5. mySupermarket uses proprietary algorithms and datasets which match different goods and services together and against each other, as well as grouping them in different ways. mySupermarket has, of necessity, made assumptions as part of those algorithms and datasets; and Client may agree or disagree with such assumptions. Nevertheless, Client represents and warrants that it uses the Insights Service, the Website and the Data on the basis that:
3.5.1. it has no objections to the assumptions made with respect to such algorithms (which may include assumptions as to matching rules, averaging rules and availability rules) and it has no objection to the limitations of any algorithms, assumptions or datasets; and
3.5.2. it has reviewed and accepts the FAQ document on the Website. Certain details of algorithms, assumptions or datasets may be available through the FAQ document on the Website and Client is assumed to have reviewed that FAQ document. For example, ‘Market Share’ data is stated in the FAQ document to be based on the trolleys sent to a limit set of specific Supermarkets via the mySupermarket.co.uk website and not on any other dataset. There are numerous other examples; a review of the FAQ document by the Client is therefore essential for the Client to understand the specifications and limitations of the access provided.
3.6. The Website and the Insights Service and Data are directed solely at those who access the Website, and otherwise use the Insights Service, from and for the United Kingdom. mySupermarket makes no representation that the Insights Service (or any goods or services referred to in it or the Website or the Data) are available or otherwise suitable for use outside of the United Kingdom. If Client chooses to access the Website (or to use the Insights Service) from locations outside the United Kingdom, or to use Data in respect of any location outside the United Kingdom, Client does so on Client’s own initiative and Client is responsible for the consequences and for compliance with all applicable laws.
3.7. The Insights Service and use of the Website does not include the provision of a computer or other necessary equipment or software to access the Website. To use the Website, Client will require Internet connectivity and appropriate telecommunication links and software. mySupermarket shall not be liable for any telephone or other costs that Client may incur.
4. WARRANTIES AND SERVICE LEVELS
4.1. Main warranty: mySupermarket warrants that it shall use reasonable care and skill in the provision of the Insights Service, the Website and the provision of the Data.
4.2. Non-responsibility for data source: When mySupermarket compares goods and services or displays business intelligence on any other matters including Data (whether in respect of different Supermarkets or within the same Supermarket; or otherwise), although mySupermarket uses its reasonable endeavours to make such comparisons honestly and fairly, mySupermarket is dependent on raw data underlying the Data, which underlying raw data is sourced from outside mySupermarket. Some of this underlying raw data might, for example, come from “back of pack” information, the National Health Service, information obtained from the Supermarkets themselves, information obtained from other professional data providers or from sources generally taken to be available and reliable for the public. Subject to Clause 4.1, mySupermarket does not warrant and mySupermarket expressly excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any Data or other information accessed using the Insights Service or accessed via the Website or otherwise communicated to Client (by email, by hard copy printout from the Website or otherwise). Client agrees that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to a Supermarket, Data or information as to goods or services or other data from a Supermarket shall rest with the relevant Supermarket (or manufacturer, if that information is sourced from a manufacturer, such as that on ‘back of pack’) or other person from whom such information or data is sourced; save to the extent that mySupermarket may not have complied with Clause 4.1.
4.3. Subject to Clause 4.1, in respect of use of the Insights Service and/or the Website and/or the Data which is subject to a Free Functionality, Client expressly agrees that use of the Insights Service and the Website and Data is at Client’s sole risk and that the Insights Service and the Website and the Data are provided on an “as is” and “as available” and “with all faults” basis and without warranties or representations of any kind either express or implied.
4.4. mySupermarket will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them in writing. However, subject to Clause 4.1:
4.4.1. mySupermarket does not guarantee that the Insights Service or the Website will be free of faults; and
4.4.2. mySupermarket does not accept liability for any errors or omissions. In the event of a fault in the Insights Service, Client should report it by email to: email@example.com.
4.5. mySupermarket does not warrant that use of the Insights Service or the Website or the use of, or access to, Data will be uninterrupted and mySupermarket does not warrant that any information (or messages) transmitted via the Insights Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
4.6. mySupermarket warrants that mySupermarket has taken reasonable steps (using industry-standard virus-checking software) with respect to the Insights Service and the Website to check for viruses and anything else which may have a harmful effect on any technology; but subject to that, mySupermarket does not warrant that the Insights Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
4.7. mySupermarket does not warrant and mySupermarket excludes all Liability (as defined in Clause 9.8.2) in respect of the accuracy, completeness, fitness for purpose or legality of any information or Data accessed using the Insights Service or Website; and mySupermarket exclude all Liability (as defined in Clause 9.8.2) of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
4.8. mySupermarket assumes no responsibility for the content or services of any other websites or services to or from which the Website or the Insights Service has links.
4.9. Client acknowledges that mySupermarket shall not have any responsibility for any business decisions taken by Client as a result of the Insights Services (or the Data) or any use of the Insights Services (or the Data) by Client or any other person.
5. CHANGES TO, AND MAINTENANCE OF, THE INSIGHTS SERVICE AND WEBSITE
5.1. Although, subject to Clause 4, mySupermarket will try to allow uninterrupted access to the Insights Service and the Website, access to the Insights Service and the Website and Data may be suspended, restricted or terminated at any time.
5.2. mySupermarket reserves the right to change, modify, substitute, suspend or remove without notice any information or Data or service on the Website or forming part of the Insights Service from time to time. Client’s access to the Website and/or the Insights Service and/or Data may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
5.3. mySupermarket may at any time withdraw any Supermarket (or any goods or services of a Supermarket) or data source from (or add a new supermarket or other data source to) the Insights Service.
5.4. mySupermarket may at any time change the Data, service or functionality included as part of the Free Functionality.
6. RULES FOR USE OF THE INSIGHTS SERVICE, THE WEBSITE AND DATA
6.1. Limited Use of Data and Insights Service: mySupermarket hereby grants to Client a non-exclusive, non-transferable, non-sublicensable revocable licence to use Data and the Insights Service for Client’s legitimate internal business purposes in the UK only provided the same is in compliance with Clause 6.2.
6.2. Confidentiality: Data shall be confidential to the Client and Client may not make the same available to any other person without the prior written consent of mySupermarket. Furthermore, any publication of, or reference to, Data outside of the Client is expressly prohibited without the prior written consent of mySupermarket, whom Client hereby acknowledges would need to grant a separate licence in respect of the same (and which will, in any event, always be subject to the condition that “Source: mySupermarket” shall be appended to such publication or reference). Furthermore, Client shall keep and procure to be kept secret and confidential the Data and shall not use nor disclose the same save:
6.2.1. for the purposes of the proper performance of these Terms; or
6.2.2. as otherwise permitted by these Terms; or
6.2.3. with the prior written consent of mySupermarket;
6.2.4. provided that Client may disclose (but not permit access to it via the Insights Service or Website) the Data to its employees, agents, clients, consultants and contractors who reasonably need to receive the Data for the purposes of exercising Client’s rights or performing Client’s obligations Terms. Where Client discloses Data to its employee, agent, client, consultant or contractor, it shall do so subject to obligations equivalent to those set out in this Clause 6.2 and shall use its best endeavours to ensure that any employee, agent, client, consultant or contractor complies with such obligations.
6.3. Software. mySupermarket (or its licensors) grants to Client a non-exclusive, revocable, non-transferable licence to use the Software through the Website for the purpose of using the Insights Service. Using the Insights Service and Software allows Client to obtain information held on the Website or from the websites of third party providers to mySupermarket. When Client uses the Insights Service, Client may cause the Software to send a request to the third party providers for information regarding goods and/or services and/or product presentation and placement and/or other information. Client acknowledges and agree that when Client accesses and collects information from the third party sites using mySupermarket Software, Client does so on Client’s own behalf and that Client has not appointed mySupermarket to act as Client’s agent. mySupermarket simply makes the Insights Service and Software available to Client by which Client may access such third party sites.
6.4. General Behavioural Rules. Without limitation to other general prohibitions in these Terms, the following uses of the Insights Service, the Website and Data are expressly prohibited and Clint undertakes not to do (or to permit anyone else to do) any of the following:
6.4.1. resell or otherwise make available the Insights Service, Website or Data without mySupermarket Insight’s prior written consent;
6.4.2. furnish any false data (including false names, addresses, contact details) as part of the registration process or in connection with any correspondence or communication with mySupermarket;
6.4.3. creation of multiple accounts for accessing the Insights Service, Website or Data by means of the Free Functionality, whether by a Client or by an individual User and whether or not these include false data, in order to circumvent access limitations included in the Free Functionality or for any other reason whatsoever;
6.4.4. attempt to circumvent mySupermarket’ security or network including accessing data not intended for Client, logging into a server or account Client are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
6.4.5. access the Insights Service or Website or Data in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on mySupermarket Insight’s infrastructure;
6.4.6. execute any form of network monitoring which would or might intercept data not intended for Client;
6.4.7. use in an unauthorised manner, or forge, mail header information; or
6.4.8. scrape or attempt to scrape the Website.
6.5. Client undertakes not to use or permit anyone else to use the Insights Service or Website or Data:
6.5.1. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.5.2. for a purpose other than which mySupermarket have designed them or intended them to be used;
6.5.3. in violation of these Terms;
6.5.4. for any fraudulent purpose; or
6.5.5. other than in conformance with accepted Internet practices and practices of any connected networks; or
6.6. mySupermarket may suspend use (either generally or in respect of particular persons) of the Insights Service and/or Website and/or access to Data (in any preceding case, in whole or in part) if:
6.6.1. there is use of, or access to, the Insights Service and/or Website and/or Data via Client’s registered account by any person being other than Client;
6.6.2. the number of Users attempting to access the Insights Service and/or Website and/or Data exceeds the number of permitted Users according to access levels granted to the Client by mySupermarket;
6.6.3. the number of computers from which a User attempts to access the Insights Service and/or Website and/or Data exceeds the number of permitted computers in respect of that User;
6.6.4. Client breaches any of Clauses 3, 6, 7 or 8;
6.6.5. there is use of, or access to, the Insights Service and/or Website and/or Data via Client’s registered account in contravention of these Terms;
6.6.6. mySupermarket reasonably suspects that any person is using the Insights Service and/or Website and/or Data illegitimately, in breach of these Terms or fraudulently.
6.7. If mySupermarket suspends the Insights Service or Website or access to Data, mySupermarket may refuse to restore the Insights Service or Website or access to Data until mySupermarket receives an assurance from Client, in a form that mySupermarket, acting reasonably, deems acceptable that there will be no further breach of the provisions of these Terms.
6.8. Client hereby indemnifies and holds mySupermarket harmless from and against all claims, liabilities, proceedings, costs, damages, losses, costs or expenses incurred by mySupermarket caused by, or in any way connected with any claims or legal proceedings arising from: (i) Client’s use of the Insights Service or Website or Data; or (ii) use of the Insights Service or Website or Data through any of Client’s password; which (in either preceding case) are brought or threatened against mySupermarket by any person; (iii) any breach of these Terms by Client.
6.9. If Client breaks (or anyone other than Client, with Client’s connivance breaks) any of the rules in this Clause 6, there may be a degradation in the quality and accuracy of Data for which mySupermarket is not responsible to Client.
7. REGISTRATION AND SECURITY
7.1. Access to any of the Insights Service Packages will be available to Client only after registration by the Client on the Website for the Insights Service. mySupermarket has absolute discretion to decide whether or not to accept any registration.
7.2. Any Client and any User may have only one registered account on mySupermarket Insights for accessing the Insights Service, the Website or the Data by means of the Free Functionality.
7.4. Once registered for the Insights Service, Client shall keep any passwords strictly confidential and shall immediately notify mySupermarket if any unauthorised User becomes aware of any such password or if there is any unauthorised use of Client’s (or a User’s) email address or any breach of security known to Client. Client agrees that any person to whom its user name or password is disclosed is authorised to act as Client’s agent for the purposes of using the Insights Service and Website and Data. Client is therefore entirely responsible if Client does not maintain the confidentiality of such passwords.
7.6. Client warrants, undertakes and guarantees that all information provided to mySupermarket is full and accurate.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, database rights designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered) in the Website and Insights Service and Data and information content on the Website or accessed as part of the Insights Service, any database operated by mySupermarket, Software and all the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and Software (including applets and scripts) shall remain the property of mySupermarket (or that of its licensors). Client shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved by mySupermarket.
8.2. None of the material listed in Clause 8.1 may be reproduced or redistributed without the prior written permission of mySupermarket (subject always to the licence in Clause 6.1 and to Clause 6.2). Client may, however, retrieve and display the content of the Website temporarily on a computer screen or on other storage device) as part of the caching necessary to use the same for the legitimate purposes and within an authorised scope, each as set out in these Terms. Client may not otherwise reproduce, modify, copy or distribute or use for any purposes any of the materials or content on the Website without the prior written permission of mySupermarket.
8.3. All rights (including goodwill and, where relevant, trade marks) in the mySupermarket and mySupermarket Insights brands and in the mySupermarket Insights name are owned by mySupermarket (or its licensors). Other company names and brand or other names relating to particular goods and services mentioned on the Website are the trademarks or registered trademarks of their respective owners.
8.4. mySupermarket expressly reserves the rights to use, copy, modify, adapt, translate, publish and distribute world-wide any testimonials Client may provide to mySupermarket about the Website, the Insights Service or Data and mySupermarket may use Client’s name appended to the testimonial.
8.5. All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to mySupermarket by Client or in response to solicitations by mySupermarket regarding the Insights Service or the Website or Data (each being “Ideas”) shall be deemed and shall remain the property of mySupermarket. Client understands and acknowledge that mySupermarket has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that mySupermarket are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and mySupermarket assumes no obligation, express or implied by considering them. Without limitation, mySupermarket shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
9. LIMITATION OF LIABILITY
9.1. This Clause 9 prevails over all other Clauses in these Terms (and any Contract) and sets forth the entire Liability of mySupermarket, and the sole and exclusive remedies of Client, in respect of:
9.1.1. the performance, non-performance, purported performance, delay in performance or mis-performance of these Terms or of any goods or services or provision, mis-provision or non-provision in connection with these Terms ; or
220.127.116.11. otherwise in relation to these Terms or entering into these Terms .
9.2. In performing any obligation under these Terms, mySupermarket’ only duty is to exercise reasonable care and skill.
9.3. mySupermarket does not exclude its Liability for:
9.3.1. its fraud; or
9.3.2. death or personal injury caused by its Breach of Duty; or
9.3.3. any breach of the obligations implied by Section 12 Sale of Goods Act 1979 or Section 2 Supply of Goods and Services Act 1982; or
9.3.4. any other Liability which cannot be excluded or limited by applicable law.
9.4. Subject to Clause 9.3, mySupermarket does not accept and hereby excludes any Liability for Breach of Duty other than any Liability arising pursuant to the terms of these Terms.
9.5. Subject to Clause 9.3, mySupermarket shall not have any Liability in respect of any:
9.5.1. indirect or consequential losses, damages, costs or expenses;
9.5.2. loss of actual or anticipated profits;
9.5.3. loss of contracts;
9.5.4. loss of use of money;
9.5.5. loss of anticipated savings;
9.5.6. loss of revenue;
9.5.7. loss of goodwill;
9.5.8. loss of reputation;
9.5.9. loss of business;
9.5.10. loss of operation time;
9.5.11. loss of opportunity; or
9.5.12. loss of, damage to or corruption of, data, whether or not such losses were reasonably foreseeable or mySupermarket or its agents had been advised of the possibility of incurring such losses. For the avoidance of doubt, Clauses 9.5.2 to 9.5.12 apply whether such losses are direct, indirect, consequential or otherwise.
9.6. In respect of Liability in connection with, related to or arising under or in respect of Free Functionality, subject to Clause 9.3 and the exclusions and limits set out in these Terms, the total aggregate Liability of mySupermarket shall be limited to £100.
9.7. The limitation of Liability under Clauses 9.6 have effect in relation both to any Liability expressly provided for under these Terms and to any Liability arising by reason of the invalidity or unenforceability of any term of these Terms .
9.8. In this Clause 9:
9.8.1. “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty); and
9.8.2. “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms , including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract).
10.1. mySupermarket shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Insights Service and/or Website and/or access to Data and or any rights or licences with respect to the same; ii) suspend Client’s use of the Insights Service and/or Website and/or access to Data and or any rights or licences with respect to the same; iii) suspend the use of the Insights Service and/or Website and/or access to Data for persons for whom mySupermarket reasonably believes are connected (in whatever manner) to Client; and/or iv) terminate these Terms (at mySupermarket’ option) immediately if:
10.1.1. Client commits any material breach of these Terms or a Contract;
10.1.2. Client commits a breach of any of Clauses 3, 4, 5, 6, 7, or 8;
10.1.3. mySupermarket suspects, on reasonable grounds, that Client has, might or will commit a material breach of these Terms; or
10.1.4. mySupermarket suspects, on reasonable grounds, that Client may have committed or be committing any fraud against mySupermarket or any person.
10.2. A party’s right to terminate these Terms shall not prejudice any other right or remedy which that party may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
11. DATA PROTECTION AND ADVERTISEMENTS
11.2. mySupermarket may place advertisements in different locations on the Website and at different points during use of the Insights Service. These locations and points may change from time to time. Any such advertisements may be delivered by a third party advertising company.
12.1. In these Terms:
12.1.1. words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
12.1.2. clause headings are purely for ease of reference and do not form part of or affect the interpretation of these Terms ; and
12.1.3. references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
12.2. Nothing in these Terms shall be construed to create a joint venture, partnership or agency relationship between Client and mySupermarket and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
12.3. Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
12.4. mySupermarket shall not be liable for any breach of obligations under these Terms where mySupermarket is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
12.5. These Terms (and documents referred to in it by reference) contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms except as expressly stated in these Terms. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform these Terms) and that party’s only remedies shall be for breach of contract as provided in these Terms. However, the Insights Service is provided to Client under its operating rules, policies, and procedures as published from time to time on the Website and subject to the FAQs on the Website.
12.6. No waiver by mySupermarket of any default of Client under these Terms shall operate or be construed as a waiver by mySupermarket of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by mySupermarket to Client shall in any way release, discharge or otherwise affect Client’s liability under these Terms.
12.7. If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
12.8. Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if Client is sending a notice to mySupermarket for the purpose of legal process) sent by fax or pre-paid post to the Client at the address supplied to mySupermarket or to mySupermarket-Insights.co.uk at its address as specified on the Website.
12.9. No term of these Terms is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it other than any company which mySupermarket reasonably considers to be part of its group.
12.10. The provisions of Clauses 1, 2, 3, 6.2, 8, 9, 10 and 12, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement .
12.11. These Terms (and all non-contractual relationships between the parties) shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of England.
13. RELEVANT INFORMATION
13.1. The Website and the Insights Service is owned and operated by mySupermarket Limited (Company Registration No. 5920495) a company registered in England and Wales whose registered office is at Lower Ground Floor, 1 Great Cumberland Place, London W1H 7AP, England.
13.2. If Client has any queries please contact Client Insights Service at firstname.lastname@example.org or at 020 7258 7487
13.3. These Terms and Conditions were most recently updated on 01 April 2016