Terms and Conditions

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to the use of cookies in accordance with the terms and conditions and privacy policy.

 

License to use website

 

Unless otherwise stated, Macadamia Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

• sell, rent or sub-license material from the website;

• show any material from the website in public;

• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

• edit or otherwise modify any material on the website; or

• redistribute material from this website (except for content specifically and expressly made available for redistribution).

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Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.

 

Restricted access

 

Access to certain areas of this website is restricted. Macadamia Ltd reserves the right to restrict access to areas of this website, or indeed this entire website, at Macadamia Ltd discretion.

 

If you have been provided with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. We reserve the right to disable your user ID and password at our own discretion without notice or explanation.

 

Without prejudice to the generality of the foregoing paragraph, Macadamia Ltd does not warrant that:

 

• this website will be constantly available, or available at all; or

• the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

 

Limitations of liability

 

Macadamia Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

• for any indirect, special or consequential loss; or

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Macadamia Ltd has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the terms and conditions will exclude or limit Macadamia Ltd’s liability in respect of any:

 

• death or personal injury caused by Macadamia Ltd negligence;

• fraud or fraudulent misrepresentation on the part of Macadamia Ltd; or

• matter which it would be illegal or unlawful for Macadamia Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

You accept that, as a limited liability entity, Macadamia Ltd  has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Macadamia Ltd officers or employees in respect of any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Macadamia Ltd officers, employees, agents, subsidiaries, parent company, successors, assigns and sub-contractors as well as Macadamia Ltd.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify Macadamia Ltd and undertake to keep Macadamia Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Macadamia Ltd  to a third party in settlement of a claim or dispute on the advice of Macadamia Ltd legal advisers incurred or suffered by Macadamia Ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

 

Without prejudice to Macadamia Ltd other rights under these terms and conditions, if you breach these terms and conditions in any way, Macadamia Ltd may take such action as Macadamia Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

Macadamia Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

Macadamia Ltd may transfer, sub-contract or otherwise deal with Macadamia Ltd rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions, constitute the entire agreement between you and Macadamia Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with English Law and any disputes relating to these terms and conditions will be subject to the jurisdiction of the Courts of England and Wales.

 

Personal information collection

 

This privacy policy sets out what personal information we receive from our selling partners (herein referred to as ‘partners’), how we use it and under what circumstances, if any, we will share it with other parties. We abide by and are compliant with the Data Protection Act 1998 (herein referred to as ‘the DPA’) and the General Data Protection Regulation (herein referred to as ‘the GDPR’). We are committed to keeping all personal information secure and confidential.

 

Lawful basis for processing personal data

 

For the purposes of the GDPR, we are the Data Processor when selling through partners and process all personal data lawfully, fairly and in a transparent manner. Under Article 6 of the GDPR, the lawful basis on which we process personal data received from partners is that of ‘Contract’ - whereby processing is necessary in order to fulfil a buyer order and or enquiries. We retain information provided by partners such as transaction information for internal financial accounting purposes. It is a legal requirement to retain this information for a period of 7 years.

 

Personally identifiable information

 

We receive personally identifiable information from partners only when it is voluntarily submitted by the buyer when placing an online order. The data we receive includes: name, billing address, delivery name, delivery address, e-mail address (in encrypted format), telephone number, date of order, items ordered, value of items ordered, chosen method of delivery. We do not sell or lease personally identifiable information to any third party for any purpose.

 

How we use the buyers’ personal information

 

We may use this personal information provided by our partners to:

 

    process and dispatch order(s);

 

    carry out regulatory checks to meet our legal obligations;

 

    prevent and detect crime;

 

We treat all information we hold about buyers as private and confidential. We will not reveal any personal details or details concerning buyers’ orders to anyone not connected with us, unless:

 

    a buyer asks us to reveal the information, or we have a buyer’s permission to do so;

 

    we are required or permitted to do so by law enforcement and or fraud prevention agencies;

 

We may share the buyer’s personal information with our service providers and other contractors only to fulfil orders the buyer has placed with us through our partners.

 

Data subject access requests

 

Under the GDPR, buyers are entitled to obtain from us (the Data Processor for the purposes of The GDPR when selling with our partners) a copy of the data held concerning them and to have any inaccuracies in the data rectified. We are obliged to provide this data to within 1 calendar month of the request and free of charge. However, we have the right to refuse or charge for requests that are manifestly unfounded or excessive and repetitive.