TERMS OF USE

Welcome, and thanks for using Nakiwi! When you use the services provided on our site and our Application, you're agreeing to our terms, so please take a few minutes to read over the terms of use ("Terms of Use") below.

 

Please note, you are entering into a legally binding agreement.

 

Summary: When you use Nakiwi, you are entering into a legal agreement and you agree to all of these terms.

Please read these Terms of Use carefully before using the website and services offered by Nakiwi. In this Term of use, the word Nakiwi states for Nakiwi.ltd, which is a company registered at the Companies house at the number 11395202

 

These Terms of Use set out the legally binding terms and conditions for your use of the website at www.nakiwi.com (the "Nakiwi Website") and all services provided by the Company on the Website.

 

We amend these Terms of Use from time to time as set out in clause 21. Please check these Terms of Use to ensure you understand the applicable terms. These terms and conditions were last updated on 21 September 2018.

 

By using the Nakiwi Website and application mobile in any manner, including but not limited to visiting or browsing the Nakiwi Website or application mobile, you (the "user" or "you") agree to be bound by these Terms of Use, including those additional terms and conditions and policies referred to here and/or available by hyperlink.

 

If you have any questions, please contact info@nakiwi.com.

 

SECTION A

INFORMATION ABOUT US

Here’s some basic info about Nakiwi.

The Nakiwi Website is a site owned NAKIWI LTD and operated by the Company and by squarspace. We are registered in England and Wales under company number 11395202. Our registered office is 37 lister street, Falmouth TR11 3BS, UK.

 

SCOPE

We are an online marketplace for people to buy and sell locally produced food.

The Nakiwi facilities act as a venue. The Nakiwi Website is an online marketplace that allows local food producers (“Producer”) and customers who comply with the Terms of Use and the Company’s policies to offer, sell and buy food products and other items (“Products”) pursuant to our guidelines.

 

Whilst the Company tries to ensure that material included on the Nakiwi Application is correct, it has no control over the quality, safety or legality of any aspect of the items listed, the truth or accuracy of the listings.

 

ACCESSING THE NAKIWI WEBSITE and APPLICATION

Although hopefully this will be a rare occurrence, there may be occasions when the Nakiwi Website or the application are unavailable to you.

Access to the Nakiwi Website and to the application is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Nakiwi Website and application without notice. We shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Nakiwi Website at any time or for any period.

 

We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Nakiwi Website and the content therein available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not warrant that the Nakiwi Website shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Nakiwi Website as a result of our service providers.

 

From time to time, we may restrict access to any or all of the Nakiwi Website and Application and to users who have registered with us. Any personal data and other information provided by you will be processed by us in accordance with our Privacy policy. By providing any such personal data or other information you agree to the terms of our Privacy policy.

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Terms of Use.

 

REGISTERING WITH NAKIWI

To order from the Nakiwi Website, users must first register with us. This is not a credit account, and payment will be required if Products are ordered.

 

The personal and payment details you give to us are governed by a strict privacy policy - please see the separate document by clicking here.

 

The Nakiwi Website’s services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

 

In addition, you agree to abide by the Company’s policies as stated in the Terms of Use and the Company policies listed below (if applicable to your activities on or use of the Nakiwi Website), as well as all other operating rules, policies and procedures that may be published from time to time on the Nakiwi Website, each of which is incorporated into these Terms of Use by reference and each of which may be updated by us from time to time:

 

Privacy Policy

Payment Terms

 

In addition, some services offered through the Nakiwi Website may be subject to additional terms and conditions published by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

 

You understand that a breach of any of the Terms of Use may result in your use of services on the Nakiwi Website being restricted.

 

PASSWORD AND SECURITY

You will keep your password a secret. You are responsible for anything under your password.

When you register to use the Nakiwi Application you will be asked to create a unique password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately at info@nakiwi.com. We would also suggest that you also change your password immediately through the Account/ Change my password button of the Nakiwi Application.

 

If we have reason to believe that there is likely to be a breach of security or misuse of the Nakiwi Website, we may require you to change your password or we may suspend or cancel your account.

 

PURCHASING PRODUCTS ON THE NAKIWI WEBSITE

Please note that when you purchase Products on the Nakiwi Application the resulting legal contract is between you and Nakiwi and is based on the present Terms of Use.

 

Each order you place shall be deemed to be an offer by you to purchase the Products from the relevant Producers subject to the Terms of Use and the applicable product details. After you place an order, you will receive an order confirmation that we have received your order. You should carefully review these Terms of Use, the order confirmation and the applicable details on the product page in relation to the order.

Producers will do all that they can to ensure that your order is fulfilled. Products are, however, subject to availability, market and weather conditions and seasonal changes so there may occasions that a Product is not available for delivery. If Producers are unable to deliver an item you have ordered, you will not be charged for it. We will, however, bear no liability for unavailability of Products.

 

The images of the Products listed on the Nakiwi Website are stock photographs used by Producers for illustrative purposes only. Although Producers will make every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Nakiwi Application are for information purposes only.

 

You may submit orders for Products by using our online ordering facility on the Nakiwi Application at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

 

All orders must be made within the order deadlines specified on the Nakiwi Website and on the Application.

 

Each Product for which you click ‘plus button’ is added to a 'shopping basket' facility. You are given the opportunity to review the quantity of order of each item in your shopping basket when you choose to check out. You can remove products or cancel the order or cancel the purchase of each of the Products completely, at this stage, at any time before clicking ‘check out'. Unfortunately you will not be able to make any amendments or corrections to your orders once they have been placed.

 

Your submission of an order amounts to an offer to enter a contract to buy the Products from the individual Producers. Subject to the paragraph above, you cannot then withdraw or cancel your order except as stated above.

 

All prices for Products are inclusive of any applicable VAT.

 

For more information on ordering please contact info@nakiwi.com.

 

DELIVERY

Please note that delivery is currently only available at some pickup points identified on the map on the Nakiwi Website.

 

We always aim to deliver your goods within the delivery window, but we cannot accept liability if we deliver the goods outside of this window or don't deliver all or any of the goods in your order.

 

You are responsible for making suitable arrangements to receive your delivery at the pickup point. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.

 

If we are unable to deliver to a pickup point, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes.

 

Please inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by mailing us on info@nakiwi.com or by Facebook-messengerTM at https://www.facebook.com/NakiwiFood/ . We will replace or refund you for defective Products. Otherwise our liability is limited as provided in paragraph 15.

 

PAYMENTS

The Company uses third party payment handlers to processes all payments made via the Nakiwi Website.

Stripe Payments Europe Limited is a quick and secure way to accept credit and debit card payments from Nakiwi customers anywhere in the world. Stripe powers checkouts for the most innovative global companies helping them with increasing conversion, optimising the checkout experience for desktop, tablet and mobile devices and reducing fraud. Stripe meets and exceeds the most stringent industry standards for security. Stripe are also audited by a PCI-certified auditor, and are certified to PCI Service Provider Level 1, which is the highest level of certification available.

These services are offered on the Nakiwi Website as a means of payment. By signing up to the Nakiwi Website, you agree to be bound by the Terms and Conditions of Stripe Payments Europe Limited (C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1, 662880, Ireland. Stripe)

More information about Stripe: https://stripe.com/gb/ssa

 

CANCELLING YOUR ORDER

In respect of non-perishable items, you have the right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (“CCRs”), the contract at any time until the expiry of the 14th working days after the day on which you receive the goods you ordered. Please note that you do not have a right under the CCRs to cancel orders in respect of food or other perishable items.

 

If you wish to return non-perishable items that you have ordered, please return your order together with your name, address, signature and the date you are returning the order to the Nakiwi office.

 

Products should be returned in or with any original packaging. We will arrange with you for cancelled non-perishable goods to be returned to us, at your cost, and we will credit your payment card with the price of such goods within a reasonable period from the day on which cancellation was given (provided payment has already been debited to your payment card).

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

We love when you leave feedback and we might share it with other users. Although we don’t own your content, by posting it on our site you grant us a licence to use it.

The Nakiwi Website may provide users with an opportunity to provide feedback in a variety of forums including, but not limited to product reviews and Nakiwi Website reviews. This helps our users to share factual information and personal opinions about Products, and provide views and opinions on a variety of topics.

 

Users may have the ability to post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information where available to do so on the Nakiwi Website, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. We reserve the right to remove or edit such content. If you believe that any content on the Nakiwi Website contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the Nakiwi Website, please notify us at info@nakiwi.com.

 

We do not claim ownership rights in your content. If you post content or submit material, and unless we indicate otherwise, you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

 

You agree to allow the Company to store or re-format your content on the Nakiwi Website and display your content on the Nakiwi Website in any way we choose. We will only use personal information in accordance with our Privacy Policy.

 

By uploading content to the Nakiwi Website you promise that you own and/or have the right to use such content in this manner and that such content does not infringe any third party intellectual property rights. In the event that we receive a complaint in respect of any content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate us for any loss suffered. We reserve the right to remove any such content immediately.

 

NO UNDERTAKING

We cannot give any undertaking, that Products and/or services you purchase from Producers through the Nakiwi Website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Producer. Where you order goods and/or services through the Nakiwi Website we may disclose your customer information related to that transaction to the relevant Producer.

 

INTELLECTUAL PROPERTY RIGHTS

Here’s some information on the rights connected to all the lovely designs and things we’ve created that you find on our site.

We are the owner or the licensee of all intellectual property rights in the Nakiwi Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

We own, or are the licensee to, all right, title and interest in and the Nakiwi Website, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Nakiwi Website.

 

You must not extract or otherwise use any of the content on the Nakiwi Website for commercial purposes without obtaining a licence to do so from us or our licensors.

 

We respect the intellectual property rights of others and we ask our users to do the same. If you are aware that any of your intellectual property rights have been infringed on the Nakiwi Website, please contact us to report the concern.

 

NO RELIANCE ON INFORMATION

Although we believe everything on the Nakiwi Website or Application is up to date and accurate, we can’t guarantee that it is.

The content on the Nakiwi Website or Application is provided for general information only. It is not intended to amount to advice on which you should rely.

 

Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date. We have no obligation to verify the content of such information or to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.

 

LIMITATION OF LIABILITY

We disclaim any legal liability for the quality, safety, reliability or any events that transpire from your use of the Nakiwi Website.

You acknowledge that your use of the Nakiwi Website and its content is at your own risk.

 

Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other any damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.

 

LINKING TO OUR SITE

Just a couple of things about linking to our site.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not establish a link from any website that is not owned by you.

 

If you wish to make any use of content on our site other than that set out above, please contact info@nakiwi.com.

 

THIRD PARTY LINKS AND RESOURCES ON THE NAKIWI WEBSITE

From time to time, the Nakiwi Website may also include links to other websites, which are not under the control of the Company. These links are provided for your convenience to provide further information. We have no control over the nature, content and availability of those sites accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 

WAIVER

If we fail at any time to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

APPLICABLE LAW

Your use of the Nakiwi Website or Application, these terms and conditions and the Nakiwi Privacy Policy and any dispute arising in connection with them is subject to the laws of England and Wales. In the event of any dispute you agree to submit to the exclusive jurisdiction of the courts of England and Wales.

 

While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of Producers to sell items; or that a Producer will actually complete a transaction.

 

PRIVACY STATEMENT

You will have the opportunity to input your personal information on the Nakiwi Website. Please see our Privacy Policy below for further details on how we use this information. Where you do consent to our holding and using of your personal information, it is intended that such consent will benefit any purchaser of our business.

 

SEVERABILITY

If any of these Terms of Use 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.

 

CHANGES TO THESE TERMS

We may revise these Terms of Use or other policies at any time, so please review the policies frequently to take notice of any changes we make, as they will be binding on you. If we make a material change we will notify you here, by email, by means of a notice on our homepage, or any other way we deem appropriate. What constitutes a "material change" will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.

 

PRIVACY POLICY & COOKIES

NAKIWI PRIVACY POLICY

Nakiwi is committed to protecting your privacy. This privacy policy (the “Privacy Policy”) sets out how Nakiwi uses and protects any information that you share with Nakiwi when you use the Nakiwi Website.

 

Should we ask you to provide certain information by which you can be identified when using the Nakiwi Website and Application, then you can be assured that it will only be used in accordance with this Privacy Policy.

 

Nakiwi may change this Privacy Policy from time to time by updating this page. You should check this page regularly and on notification of any changes, ensure that you are happy with any changes. This Privacy Policy is effective from 14 March 2014.

 

WHAT WE COLLECT

We may collect and process the following information about you:

 

information that you provide by filling in forms on the Nakiwi Website including name, contact details;

order details;

any correspondence between you and us;

any surveys that we may ask you to complete;

details of your uses of the Nakiwi Application and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, Time spent on a page, whether this is required for our own billing purposes or otherwise;

and information about your purchases made via the Nakiwi Application.

WHAT WE DO WITH THE INFORMATION WE GATHER

We use this information to understand your needs and to provide you with the best service possible. In particular, we use this information for the following purposes:

 

to administer our site/application and for internal operations, including data analysis, testing, research, statistical and survey purposes;

to improve our site/application to ensure that content is presented in the most effective manner for you and for your computer/smartphone;

to allow you to participate in interactive features of our service, when you choose to do so;

to notify you about changes to our service; and

to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

NEWSLETTER SUBSCRIPTION

By registering with Nakiwi your e-mail address will be used for our own marketing purposes until you unsubscribe. It is possible to unsubscribe at any time.

 

COMMUNICATIONS

By using Nakiwi service or sharing your details with us (phone number, address, email), you consent to receiving communications from us in a variety of ways, such as by email, text, in-app push notices or through our customer service software Intercom. You can unsubscribe from email offers and newsletters at anytime.

 

SECURITY

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

 

COOKIES

Visiting the Nakiwi Website with your browser settings adjusted to accept cookies tells us that you want to use the Company's products and services and that you consent to our use of cookies and other technologies to provide them to you as described in this Privacy Policy. See below for information on how to modify the settings in your device to notify you when you receive a new cookie and disable cookies altogether.

 

COOKIES AND HOW WE USE THEM

Cookies are unique identifiers that we transfer to your device to enable our systems to recognise your device and to provide features such as remembering your preferences, storage of items in your shopping basket between visits as well as trying to ensure that the offers you see online are more relevant to you.

 

We also use cookies for additional purposes, including:

 

Identifying you when you sign-in to our site. This allows us to provide you with product recommendations, display personalised content, recognise your local Nakiwi, among other customised features and services we provide.

Delivering content relevant to your interests on the Nakiwi Website.

Keeping track of your specified preferences. You may generally exercise your preferences through Your Account.

Keeping track of items stored in your shopping basket. Squarspace research and diagnostics to improve the Nakiwi Website’s content, products and services.

Cookies allow you to take advantage of some of the Nakiwi Website's essential features. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your shopping basket, proceed to checkout, or use any of the Company’s services that require you to log into to your Nakiwi Account.

 

Cookies and Browser Settings

 

The help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether.

 

LINKS TO OTHER WEBSITES

The Nakiwi Website may contain links to other websites of interest. However, once you have used these links to leave the Nakiwi Website for another website, 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 that you provide whilst visiting such sites, which will not be governed by this Privacy Policy. You should exercise caution and look at the privacy statement applicable to the website in question.

 

CONTROLLING YOUR PERSONAL INFORMATION

Your personal details will only be used by Nakiwi in accordance with this Privacy Policy. We may disclose your personal information to third parties as follows:

 

In the event that we sell any of Nakiwi’s business or assets, we may disclose your personal data to the prospective buyer of such business or assets.

If Nakiwi or substantially all of its assets are acquired by a third party, in which case personal data held by Nakiwi about its customers will be one of the transferred assets.

You may make a request under the Data Protection Act 1998 for details of the personal information that we hold about you. A small fee will be payable. If you would like a copy of the information held about you please write to info@nakiwi.com.

 

You are responsible for ensuring that the details you provide to us are correct and complete. If you believe that any information we are holding about you is incorrect or incomplete, please email us as soon as possible, at info@nakiwi.com. We will promptly correct any information found to be incorrect.

 

CHANGES TO THIS POLICY

From time to time it may be necessary for us to update this Privacy Policy. We will notify you of any such changes by posting them on the Nakiwi Website, which will be deemed to constitute valid notice.

 

CONTACT

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to info@nakiwi.com.

 

NAKIWI DISCOUNTS AND OTHER PROMOTIONAL OFFERS

The company Nakiwi can create and delete at any time as many discount code and other promotional offer as it wants, and thus, without having to notify any customer.

Nakiwi retains the right to delete any account not used according to these terms

 

TERMINATION AND CHANGE OF DISOUNT AND OTHER PROMOTIONAL OFFER

Nakiwi may suspend or terminate any promotional offer or a user’s ability to participate to an offer at any time for any reason.

                                                                                                                                                                                                   

Nakiwi reserve the right to suspend accounts or remove Nakiwi Credit if we notice any activity that we believe is abusive or fraudulent or if the account is not used in accordance to these terms or for any other reason. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals as deemed fair and appropriate.

 

UPDATES TO THE TERMS

We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the nakiwi.com website, applications, or services, which are effective upon posting. Continued participation in the Referral Program after any modification shall constitute consent to such modification.