Terms & Conditions

Jack & Bry Terms Of Service

Rev.

 

JACK & BRY TERMS OF SERVICE

 

(Last Updated May 9, 2020)

1.      Overview

2.      General Terms

3.      Eligibility and Legal Capacity

4.      Jack & Bry Services

5.      Account Registration

6.      Account Security

7.      Package Description and Instructions

8.      Updates to Terms

9.      Order Delivery

10.  Quality Assurance

11.  Applicability

12.  Price

13.  Vat

14.  Quality of Products and Refunds Concern

15.  Monitoring

16.  Copyright and Limited License

17.  Repeat Infringer Policy

18.  Copyrights Complaints

19.  Intellectual Property

20.  Accounts Suspension

21.  Cookies notice

22.  Returns / Refunds / Cancellations / Amendments

23.  Indemnification

24.  User Content Responsibilities

25.  Disclaimer

26.  Limitation of Liability

27.  Ratings, Reviews, and other User Feedback

28.  Electronic communication

29.  Children's Privacy Policy

30.  No Reliance

31.  Local Regulations

32.  Resolution of disputes

33.  Item Return Dispute

34.  Data and Privacy

35.  Your California Privacy Rights (CALOPPA)

36.  Reporting Violations

37.  Binding Arbitration of All Disputes; No Class Relief.

38.  Our GDPR Obligations

39.  Governing Law and Venue

40.  Termination

41.  Severability

42.  Copyright License

43.  Contact Us

 

1.      Overview

Welcome to the Jack & Bry website.

This website and services are provided to you by Willaroos Inc, a United Kingdom Registered company with company number 10827416 and www.jackandbry.com website. These Jack & Bry terms of service set forth the conditions on which we will provide the services and products offered through the website www.Jackandbry.com ("the website"). The contents and materials on this website are created in accordance with 100% vegan plant-based products.

We advise you to read the General Terms carefully to ensure that you are aware of your rights and obligations.

Please read all of the following terms and conditions very carefully before using the website. By accessing and or using the site, you agree to be bound by all of the following terms of use and privacy policy.

2.      General Terms

Jack & Bry Terms of Use (Terms) presented in this document are the fundamental rights and obligations that users and Jack & Bry website have and agree on when using Jack & Bry services. These Terms constitute a binding agreement between Jack & Bry and you as a user.

When you use the Jack & Bry website, you agree to the Terms, and they affect your rights and obligations. If you do not accept any or one of the terms and policies herein, please kindly stop using this website immediately.

Jack & Bry reserve the right at any time and in our sole discretion to change or modify these Terms or any policy or guideline of the website and platform. If we make changes or modifications to these Terms, we will provide you with notice of such changes, such as by sending an e-mail, providing advice through the Services, or updating the "Last Updated" date at the top of these Terms on our site. So we implore you to frequently review the Terms and applicable policies guiding your use of the website and service. If you do not agree to the amended terms, you must stop using the Services immediately.

3.      Eligibility and Legal Capacity

You must be at least 13 years of age to access or use our website. If you are using the website on behalf of a person or entity, you agree that you are authorized to accept these Terms on that person's behalf and that the person or entity agrees to be responsible to us if you or the person or entity violates these Terms.

4.      Jack & Bry Services

Jack & Bry create plant-based products made from Jackfruit. We work with restaurants and food suppliers to supply Jack & Bry products for the foodservice industry. The Jack & Bry website also supplies retailers access to Jack & Bry products. This service consists of 100% vegan products provided by Jack & Bry. By using our website, you agree to waive Jack & Bry any responsibility for non-compliance of a user with any local country laws.

5.      Account Registration

In order to use the Services, you must create an account (“Account”) by registering with Jack & Bry. By creating your Account, you give us some of your privacy data, such as:

·         Name in full

·         Email Address

·         Payment information

·         Home address for logistics

And other information, needed for us to supply you with our Products and Services. You may read how we process, secure and use your privacy data in our Privacy Policy and Cookie Policy page. You may be provided with a range of subscription options, and prices, for Registration, as listed on the subscription page of the Site

You agree to provide us true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will provide Jack & Bry with a user name and password for your Account (together “Account Credentials”). Jack & Bry reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted. You may have only one account

6.      Account Security

You are responsible for maintaining the security of your Account Credentials and for all Services ordered, accessed, or otherwise used in connection with your Account and all actions taken in association therewith. You will not share your Account Credentials with any third party.

7.      Package Description and Hygiene

Your products will arrive in an insulated box with ice packs to keep the product at fridge temperature (between 4 and 7ºC) during the delivery period. Orders are delivered by 24-hour courier, however, we would like to assure you that our packaging will fully protect your products for 48 hours from dispatch.

The description and instructions of the items shall be as set out as in Jack & Bry's official pack description. All image, descriptive matter, specifications and advertising issued by Jack & Bry and any descriptions or illustrations contained in Jack & Bry services are issued or published for the sole purpose of giving an approximate idea of the items described in them. They will not form part of this Contract.

8.      Updates to Terms

We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree with our updated Terms, you should stop using our Services or close your account. Your continued use of any of our Services means you accept every of our revised terms.

9.      Order and Delivery

If you ordered a product via the website, Jack & Bry would endeavor to deliver the requested products to the buyer at the agreed date and address. If the buyer specifies no dates for delivery, then delivery shall be within 2 business days from the day you place your order. If, for any reason, the buyer did not provide appropriate information, shipping address, documents, licenses, or authorizations, which delayed the delivery of the order.

Delivery of the item shall be deemed to have taken place for delivery to the address specified by you on the Order within 3 days(“Delivery Address").

You must provide us with a Delivery Address (in addition to a billing address) at the time of your Order.  The Order Confirmation shall prompt you to check that your Delivery Address is correct but it is your responsibility to check that the Goods will be delivered to the correct address.  You can amend the Delivery Address by contacting us either by telephone or by email from the time you place your order until we have sent the Dispatch Confirmation.  We reserve the right to charge additional delivery charges if you change your Delivery Address at short notice.

10.  Quality Assurance

We want you to buy from us with complete confidence.  We take great pride in the quality of our service but if you are not completely satisfied with the products you receive, please contact us to explain what has gone wrong and we will endeavor to replace, refund, or give credit for any defective (according to your wishes).  You also have statutory rights to return certain types of goods, set out in our terms and conditions.

11.  Applicability

These terms and conditions apply to every user or Customer that places an order for a Jack & Bry product. Before the conclusion of a transaction or order, the text of these general terms and conditions will be made available to the user.

12.  Price

Unless otherwise agreed by Jack & Bry in writing (including any applicable Order Form), the price for the Products shall be the price set out in Jack & Bry’s sales agreement with the buyer appertaining to the date of delivery or deemed delivery.

The price for the Products shall be exclusive of any value-added tax and all costs or charges concerning loading, unloading, carriage, and insurance all of which amounts the buyer will also pay when it is due to pay for the Products.

13.  Vat

Jack & Bry may collect VAT or other indirect taxes at the applicable rate for the particular country, as per applicable tax rules, at the time of purchase of Jack & Bry products or at the time you use the Jack & Bry website.

14.  Monitoring

We strive to provide an enjoyable online experience for our users, so we may monitor activity on the service to foster compliance with the Agreement. You now agree to such monitoring. Nevertheless, we do not make any representations, warranties, covenants, or guarantees that:

·         The service, or any portion thereof, will be monitored for accuracy or unacceptable use,

·         We generally do not pre-screen content before posted, uploaded, transmitted, sent or otherwise made available on or through the service by users, so you may be exposed to content that is opinionated, offensive, or inappropriate, including content that violates the Agreement.

 

15.  Copyright and Limited License

Unless otherwise indicated, the Services and all materials on the website, including, without limitation, the Jack & Bry logo and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the "Jack & Bry Materials") are the property of Jack & Bry or our licensors and protected by the U.S. and international copyright laws.

Jack & Bry grants you a limited, non-exclusive, and non-sub licensable license to access and use the website and Jack & Bry Materials. However, such consent is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Jack & Bry Materials. (b) The collection and use of any product listings, pictures, or descriptions. (c) the distribution, public performance or public display of any Jack & Bry Materials; (d) modifying or otherwise making any derivative uses of the Services and the Jack & Bry Materials, (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Jack & Bry Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Jack & Bry Materials other than for their intended purposes. Any use of the Services or the Jack & Bry Materials other than as specifically authorized herein, without the prior written permission of Jack & Bry, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be conferred any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time.

16.  Repeat Infringer Policy

Following the Digital Millennium Copyright Act ("DMCA") and other applicable law, Jack & Bry have adopted a policy of terminating, in appropriate circumstances, and in Jack & Bry’s sole discretion, users who are repeat infringers. Jack & Bry may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

17.  Copyright Complaints

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

For the requirements of a proper notification

 

Name of Designated Agent:

Address:

Telephone Number:

Fax Number:

E-Mail Address:

 

You must not knowingly misrepresent your information that the Material is infringing when it is not. You will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the Material or activity claimed to be infringing.

18.  Intellectual Property

The Jack & Bry logos, the slogan, and any other Jack & Bry product or service name or slogan contained on the Services are trademarks of Jack & Bry. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of Jack & Bry or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Jack & Bry" or any other name, trademark or product or service name of Jack & Bry without our prior written permission. Also, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark or trade dress of Jack & Bry and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and Jack & Bry or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

19.  Accounts Suspension

Jack & Bry reserves the right, without any obligation, to remove or to suspend or terminate users of Jack & Bry without liability to us.

20.  Cookies Notice

Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them, some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make websites work efficiently.

Some of the cookies we use are essential for our Sites to function correctly - for example, keeping track of items that have been added to your shopping basket or remembering you have logged in. To maximize your online experience, we enable cookies on the site to help us understand how we can improve or analyze the success of promotions

For more information about our cookies policy, please visit our cookies policy page.

21.  Returns / Refunds / Cancellations / Amendments

Due to the nature of our business and the laws governing fresh food, we are unable to accept returns. Should you have a problem with your delivery you will need to contact one of our friendly customer advisors who can help you with your request. Cancellations or amendments to orders can be made within 12 hours after placing your order.

If you are unhappy with the specifications of an item you have received, please take images of the product and include these in an email to us. We can use these to investigate the issue thoroughly and provide you a good resolution alternative. If for exceptional circumstances a refund is authorised the refund will be made onto either the credit / debit card the order was placed on or a credit will be processed onto the credit account if one exists with us. No cash refund will be made.

If a product ordered is not available on the day of dispatch, you will receive a replacement of a like to like product. You will receive an email 1-day prior to the order delivery with notification of the replacement product. You will have until 12-hours that day to respond and confirm the replacement or request a refund. If we do not hear back by after 12 hours from when you receive our email for replacement, the replacement product will be dispatched and any further order amendment requests cannot be made.

22.  Indemnification

You agree to defend, indemnify, and hold harmless Jack & Bry, our independent contractors, service providers, and consultants. From and against any claims, damages, costs, liabilities, and expenses arising out of or related to; (a) your use of the Services; (b) any User Content or Submissions you provide. (c) your violation of these Terms. (d) your violation of any rights of another, or (e) your conduct in connection with the Services.

23.  User Content Responsibilities

Any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or content originated. You access all such information and content at your own risk.

You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so in the way in which you provide it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Jack & Bry. When you access third party websites or use third-party services, you accept that there are risks in doing so. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Jack & Bry have no control over the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. Also, Jack & Bry will not and cannot monitor, verify, censor, or edit the content of any third-party site or service.

Your interactions with organizations or individuals found on or through the Services, including payment and delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

If there is a dispute solely between participants on this site, or exclusively between users and a third party, you agree that Jack & Bry are under no obligation to become involved.

24.  Disclaimer

Except as expressly provided contrary in writing by Jack & Bry, the services and Jack & Bry materials are provided on an "as is" basis without warranties of any kind, either express or implied. Jack & Bry disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the services, including the information, content, and materials contained therein. Jack & Bry do not represent or warrant that the services or Jack & Bry materials are accurate, complete, reliable, current, or error-free. While jack & Bry attempts to make your access to and use of the services safe. Jack & Bry cannot and does not represent or warrant that the services or our server(s) are free of viruses or other harmful components. Therefore, you should use industry-recognized software to detect and disinfect viruses from any use of the site.

25.  Limitation of Liability

In no event shall Jack & Bry, or our directors, members, employees, or agents be liable for any direct, special, indirect or consequential damages or any other damages of any kind. Including but not limited to loss of use, loss of profits or loss of data. Whether in an action, in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the services or the jack & Bry materials, including without limitation any damages caused by or resulting from reliance on any information obtained through the services, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Jack & Bry' records, programs or services. In no event shall the aggregate liability of jack & Bry. Whether in contract, warranty, tort (including negligence, whether active, passive or imputed) product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the services or to these terms exceed any compensation you pay. If any, to Jack & Bry for access to or use of the services.

26.  Ratings, Reviews, and other User Feedback

Jack & Bry enable you to generate ratings and reviews, photos, videos, or other content about items and products on the websites ("Feedback"). Feedback may only contain truthful information. Feedback must be following the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations. You agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service. (ii) you will not provide a rating or consideration for any company, product, or assistance concerning which you have competitive ownership or other economic interest, employment relationship, or other affiliation. (iii) you will prominently indicate if your review was sponsored or paid for in any way; (iv) your review will comply with these Terms.

Any use of the feedback system, contrary to the preceding paragraphs, is prohibited. If you abuse the feedback system, Jack & Bry are entitled to remove the Feedback taking your legitimate interests into account, in particular your right to freedom of expression. These apply mainly if:

Jack & Bry is legally obliged to remove the Feedback, e.g., due to a court ruling

·         the Feedback contains vulgar, obscene, racist, not youth-free or in the criminal sense insulting statements

·         the Feedback comprises personal data, e.g., name, address, telephone number or e-mail address

·         the Feedback contains inappropriate links or scripts, e.g., with harmful content

·         the Feedback contains inappropriate advertising for third parties

·         The ratings for items include irrelevant information not related to the topic, e.g., customer service of the store, shipping of the product, or site usability issues.

Ratings and reviews and photos, videos, or other content about items and stores ("Feedback") posted by users on our Services are User Submissions that are not endorsed by Jack & Bry and do not represent the views of Jack & Bry. Jack & Bry does not assume liability for ratings and reviews or any claims for economic loss resulting from such ratings and reviews. We reserve the right to exclude such Feedback for any reason or no reason, without notice to you. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.

27.  Electronic Communications

For contractual purposes, you (1) consent to receive communications from Jack & Bry in an electronic form such as e-mail, to provide exclusive deals, and promotion. (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Jack & Bry provides to you electronically via e-mail satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

28.  Children's Privacy Policy

Jack & Bry respects the privacy of children, and we are committed to complying with the Children's Online Privacy Protection Act (COPPA). This Children's Privacy Policy describes our practices concerning the collection of personal information from children under the age of 13. This site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, or do we provide Jack & Bry services to children under 13 years of age except as permitted by COPPA. However, we may provide our service to children under 13 years of age but in the supervision of a parental guardian.

29.  No Reliance

You should not solely rely on the Material but should instead seek other opinions before taking or failing to take any action, which could lead to injury, harm, death, or damage of any kind.

30.  Local Regulations

We make no representation that our service is available for use or permitted by law in any particular location. To the extent you choose to access our website, you do so at your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You expressly agree to comply with all applicable laws concerning the transmission of technical data exported from your country or the U.S.

31.  Resolution of disputes

If a dispute arises between you and Jackandbry.com, we strongly encourage you to first contact us directly to seek a resolution by going to the Jackandbry.com Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

32.  Item Return Disputes

The Platform does not support Item returns or cancellations of completed sales. Once a sale through the Platform is complete, any dispute between a buyer and a broker concerning an Item sold through the Platform must be addressed directly between the buyer and broker separate to and outside of the Jackandbry.com Platform

33.  Data and Privacy

By using Item, you agree to the collection, transfer, storage, and use of your personal information by Item on servers located in the United Kingdom as further described in our Privacy Notice. Each user is responsible for making backup copies of its data.

34.  Your California Privacy Rights (CALOPPA)

Under California Civil Code Section 1798.83, California residents have the right under certain circumstances to receive, once per calendar year, information about third parties with whom we have shared information about you or your family for the marketing purposes of those third parties during the previous calendar year, a description of the categories of personal information shared, and a description of the nature of the business with whom it was shared.

To make such a request, please read our California Privacy Rights CCPA page

35.  Reporting Violations

While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. And we may cooperate with such authorities as they may request, all without liability to us.

36.  Binding Arbitration of All Disputes; No Class Relief.

This section sets forth the particular way you can resolve any dispute you may have with us. If you ever wish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to pursue a class action.

If any controversy, allegation, queries or claim (including any non-contractual claim) arises out of or relates to the Service or the Terms (Dispute"), then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. But if no such information exists or if such information is not current, then we have no obligation under these terms.  Your notice to us must come to us at Customerservices@jackandbry.com. For sixty (60) days from the date of receipt of notice from the other party, Jack & Bry, and you will engage in a dialogue to attempt to resolve the dispute.

If your Dispute against Jack & Bry involves a paid Jack & Bry Service and we are unable to resolve it through dialogue (as described above), Jack & Bry will Directive 2013/11/EU on Consumer Alternative Dispute Resolution.

37.  Our GDPR Obligations

We Undertake To:

a)      Process the personal data within the services specified in these terms only on documented instructions from you unless required by applicable laws to which we are subject. In which case we shall, to the extent permitted by applicable laws, inform you of that legal requirement before the relevant processing of that personal data;

b)      Inform you if we consider that an instruction violates data protection laws or regulations. We shall then be entitled to suspend the execution of the relevant instructions;

c)      Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

d)      Taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests for exercising the data subject's rights;

e)      Assist You In Ensuring Compliance With The Obligations Under Articles 32 To 36 Of The GDPR Taking Into Account The Nature Of Processing And The Information Available To Us;

f)       At Your Choice, Delete Or Return All The Personal Data To You After The End Of The Provision Of Services Relating To Processing, And Delete Existing Copies Unless Applicable Law Requires Storage Of The Personal Data;

g)      Make Available To You Information Necessary To Demonstrate Our Compliance With The Obligations Laid Down In This TERMS.

 

38.  Governing Law and Venue

This Agreement shall be governed and construed in all respects by the laws of the Courts of England and Wales and the required European Union GDPR Regulation. You agree that any claim or dispute you may have against must and be resolved by arbitration. You and Jack & Bry both agree to submit to the non-exclusive jurisdiction of the laws of the Courts of England and Wales. For claims falling within the courts of the United Kingdom jurisdiction, you and Jack & Bry both agree to submit to the jurisdiction of the laws of the courts of England and Wales.

Any dispute arising from these Terms and your use of the Services will be subject to arbitration, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration; hence it will be resolved by arbitration.

39.  Termination

Jack & Bry reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.

40.  Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable. Then that provision shall not affect the validity and enforceability of the remaining provisions.

41.  Copyright License

Copyright (c) 2020(s) of first publication Jack & Bry website. Subject to the express provisions of these terms and conditions:

·         We, together with our licensors, own and control all the copyright and other intellectual property rights in Jack & Bry website and the Material on our site; and

·         All the copyright and other intellectual property rights in the Jack & Bry website and the Material on our site are reserved.

 

42.  Contact Us

If you have any questions about these Terms & conditions, please contact us at E-mail: Customerservices@jackandbry.com.