Terms & Conditions

Website Terms and Conditions of Use

 Introduction

These Terms and Conditions govern your use of this website and any connected services delivered by email, or other means, that are provided by notjustpowder.com and Not Just Powder Limited (together referred to as “the Website”). By using the Website, you will be deemed to have read, understood and accepted these Terms.
Not Just Powder Limited (“we”, “us”, “our”) is a company registered in England and Wales with registered company number 3219407 and registered address at 102 Fulham Palace Road, London W6 9PL

Changes

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms from the first time you use the Website following the changes. If we are required to make any changes to the Terms relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future. By continuing to use the Website you will be deemed to have accepted these changes. If you disagree with the Terms, or any revisions of them, please discontinue your use of the Website.

Information and Availability

Whilst we take all reasonable care to ensure that the information provided by the Website is accurate and complete, some of it may be supplied to us by third parties and where this is the case we are often unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it.

We will take reasonable care to ensure that the Website will be uninterrupted and that transmissions will be error-free. However, due to potential technical issues beyond our control on the Internet, this cannot be guaranteed. Your access to the Website may be suspended or restricted occasionally to allow for repairs, maintenance, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any disruption.

The Website is provided on an “as is” and on an “as available” basis without any warranties of any kind and to the maximum extent permitted by law. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality, and we will not be held liable for any inaccuracy or omission in the information provided on the Website. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Data Protection and Privacy Policy (“policy”)

This Data Protection and Privacy Policy relates solely to information supplied by you on the Website. We respect the privacy of your personal information and will treat it confidentially and securely. We may be required to make alterations to the policy to ensure compliance with amendments to relevant legislation. You should refer to this page from time to time to ensure that you accept any changes. This policy is effective from April 2012.

What we collect

We may collect the following information:
• name and occupation;
• contact information including email address;
• demographic information such as postcode, preferences and interests;
• other information relevant to customer surveys and/or offers.

What we do with the information we gather

We require this information in order to understand your needs and provide you with a better service, and in particular for:
• internal record keeping.
• we may use the information to improve our products and services.
• we may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. You may unsubscribe to these emails at any time by following the unsubscribe instructions contained within the email.
• from time to time, we may also use your information to contact you for market research purposes. We will only contact you by email. We may also use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of the Website.

Links to other websites, references to other products and services

The Website will offer you links to third party websites. While we hope you will be interested in these other sites, you acknowledge that they are independent from us and we do not necessarily endorse, or accept any responsibility or liability for, their content, practices, terms and conditions or suitability.
However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our privacy policy. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to other sites on this Website does not imply any endorsement of the sites themselves or of those in control of them. You should exercise caution and look at the privacy statement applicable to the website in question.

Links to this Website

Those wishing to place a link to the Website on other sites may do so only to the home page of the Website. Deep linking (i.e. links to specific pages within the site) requires our express permission. To find out more please contact us by email at gosocial@notjustpowder.com

Controlling your personal information

We will not sell, distribute or lease your personal information to third parties.

We may use your personal information to send you promotional information about third parties which we think you may find interesting through the Not Just Powder Newsletter.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Not Just Powder Limited, 102 Fulham Palace Road, London  W6 9PL by email at gosocial@notjustpowder.com.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Your Contributions

The Website may invite you to comment on articles and send in your own imagery. By contributing you are granting us a worldwide, non-exclusive, perpetual, royalty-free licence to store your Contributions on our servers and to display the Contributions on the Website. We cannot promise that we will use all Contributions provided to us.

We want to keep the Website friendly and enjoyable. Please do not submit Contributions that are offensive, racist, harassing, illegal, misleading, abusive, defamatory, obscene or otherwise objectionable. We do our best to monitor and moderate Contributions but we cannot monitor them all and you therefore could be at risk yourself if you contribute anything objectionable. As you might expect we reserve the right to take down any contribution that breaches any of the above rules, and we may be obliged to pass copies to appropriate authorities. We reserve the right, among other things, to suspend or terminate your access to the Website if you are in breach of any of the above Terms.

User Code of Conduct (“Code of Conduct”)

The Website users have the opportunity to submit their own Contributions (“Contributions”) to the Website.

We want all visitors to this Website to have a friendly and enjoyable experience. Accordingly, all users of the Website and all Contributions must comply with this Code of Conduct.

By posting Contributions, you are acknowledging that you have read and have understood these rules and agree to abide by them. We may revise this Code of Conduct from time to time by amending this page. When we update this page, we will revise the “last updated” date at the bottom of these Terms and Conditions of Use. Please review this page regularly as you will be legally bound by any changes made.

All Contributions must comply with the following standards. Please comply with the spirit as well as the letter of these standards.

Contributions shall not:

• infringe anyone else’s rights, including copyright. Your Contribution must be your own original work, or you must have permission from the owner or holder of those rights;

• contain unlawful or objectionable content. Anything unlawful, harassing, defamatory, obscene, offensive, abusive, hateful, inflammatory, profane, racially, sexually or religiously offensive or otherwise objectionable or unlawful is not acceptable;

• involve disruptive, offensive or abusive behaviour;

• promote illegal or anti-social behaviour;

• misrepresent their origins. Contributions and/or user names may not be used to impersonate any other person, to misrepresent your identity or affiliation with any person or to give the impression that they emanate from the Website employees or partners, if they do not;

• users and visitors must not engage in a debate over religion or politics.

If you believe that any Contribution contravenes this Code of Conduct and/or any of the Terms and Conditions of Use, please notify us via email at gosocial@notjustpowder.com

Users and visitors shall not:

• access, or attempt to access, the accounts of other users;

• exploit, or attempt to exploit, bugs, vulnerabilities or loopholes; whether they are disclosed or undisclosed;

• penetrate, or attempt to penetrate, security measures of the Website software or hardware, or electronic communications system;

• create multiple accounts. If you have forgotten your login or password please follow the instructions on the website. If you continue to have difficulty logging in, contact gosocial@notjustpowder.com for assistance;

• impersonate or attempt to impersonate the identity of another user and create or edit Contributions as such;

• attempt to access proprietary or private information in any way;

• bypass or attempt to bypass an account ban in any way, or ask other users to create Contributions on their behalf if their account has been banned;

• create Contributions on behalf of another user who is subject to an account ban;

• edit or modify Contributions that were created or edited by a website administrator;

• create spam, advertise without express permission from us, or redirect web traffic from the Website;

• neglect to maintain their account information.

Breach of the Code of Conduct

We reserve the right to decide whether there has been a breach of this Code of Conduct through your use of the Website. We have the right (but not the obligation) to edit, refuse to post, or to remove any Contribution in whole or in part that we deem to be in breach of the Code of Conduct. Where we believe that you have breached the Code of Conduct, we may take whatever action we feel is appropriate and reasonable in the circumstances.

Competitions

The competitions that we run on the Website are subject to the following rules (unless otherwise specified):

• no purchase is necessary.

• by entering our competitions and supplying your email address for the prize draws you are agreeing to receive our newsletters. You can unsubscribe at any time by following the instructions at the foot of the newsletter.

• competitions are open to all UK residents (over the age of 18) except our employees, the companies or organisations with whom the competition or offer is being run, their agents, or anyone directly connected with the promotion.

• if we run a competition or offer with a promoter where that promoter is responsible for the provision of the offer or prizes then Not Just Powder Limited will not be responsible for or have any liability for the provision of those offers or prizes.

• we reserve in all cases the right to replace the stated prizes with other prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes, and prize winners must accept prizes in the form offered. Prizes are not refundable or transferable.

• the closing date for receipt of entries is as stated for each individual competition. The winner(s) will be drawn at random from all valid entries, and will be notified by email.

• details of the winner(s) can be obtained by sending a SAE marked with the name of competition to Not Just Powder Limited, 102 Fulham Palace Road, London W6 9PL within 21 days of the closing date of the promotion.

• details of all entries will be kept on a database and will not be passed to third parties unless clearly stated in the competition details. They will be used by the Website to enable analysis or the processing of the competition and prize fulfilment.

• all entrants to competitions and offers are deemed to have accepted these rules and agree to be bound by them and agree to co-operate in any publicity that may arise which may include their name.

• we reserve the right to disqualify or not award a prize to an entrant who in our opinion has not entered in to the spirit of these terms and conditions or the intention of the competition.

• by entering competitions you are agreeing to receive details of future related content from the Website. If you do not want to receive any further information from us then please send your name and address by email to gosocial@notjustpowder.com or by post to Not Just Powder Limited, 102 Fulham Palace Road, London W6 9PL.

Intellectual Property

The copyright and all other rights in and to the Website and all the content featured on the Website from time to time are owned by Not Just Powder Limited. As a user of the Website, you may store, print and display that content solely for your own personal use. You may not publish, manipulate, distribute or reproduce any of that content in any way, nor may you use any of that content in connection with any business or commercial enterprise. In addition, you may not include a link to the Website or display the contents of the Website surrounded or framed or otherwise juxtaposed or associated with other material in any manner without our prior written consent.

Goods, Pricing and Availability

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

Where appropriate, you may be required to select the required size, model, colour, number or other features of the Goods that you are purchasing.
We do not represent or warrant that such Goods will be available. Stock indications may be provided on the Website but these may not take into account sales that have taken place during your visit to the web site.

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

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

Disclaimers

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

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

No part of this Website is intended to constitute a contractual offer capable of acceptance.

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

Changes to the Service and these Terms and Conditions

We reserve the right to change the Website, its Content or the Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If we are required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

Limitation of Liability

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

Information provided about the products, fitness routines and health advice is intended to be used for educational or informational purposes only. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on the Website.

Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on the part of Not Just Powder Limited.

Nothing in these Terms and Conditions excludes or restricts Not Just Powder Limited’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal. Except as specifically set out in these Terms, all conditions, warranties and representations expressed or implied by law are hereby excluded.

We are not responsible or liable for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error free.

We shall not have any liability to you for any costs, expenses, damages and any other liabilities however arising, including as a consequence of your usage of the Website or the release of your personal information in accordance with our Data Protection Policy.

Notwithstanding the above, nothing in this paragraph “Limitation of Liability” limits or excludes our liability for any matter for which it would be illegal for us to limit or exclude, or attempt to limit or exclude, our liability.

No Waiver

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

Previous Terms and Conditions

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

Indemnity

You agree to indemnify and keep us indemnified against any damage, loss, liability or cost reasonably incurred by us resulting from any breach of these Terms by you or any claims or legal proceedings brought or threatened against us as a result of your (mis) use of the Website.

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and us.

Communications

All notices / communications shall be given to us either by post to our premises (see address above) or by email to gosocial@notjustpowder.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

We may from time to time send you information about our products and/or services. If you do not wish to receive such information, please use the unsubscribe link in the email.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and Not Just Powder Limited shall be governed by and construed in accordance with the Law of England and Wales and this Website and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales. In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms will remain valid and enforceable.

These Terms and Conditions were last updated April 2016