Definitions

“our site” means group.thecaboodle.co.uk operated by us.

“we”, “us”, “our” or “the Co-op” means Co-operative Group Limited a registered society registered in England and Wales with registered number 525R.

“you” means a user of our site

Your acceptance of these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference. We may amend these terms from time to time, so every time you wish to use our site, please check these terms.

Other terms that may apply to you

Please refer to the following additional terms, which shall also apply to your use of our site:

• Our Co-op Food Share Platform Terms- which sets out the terms you must adhere when arranging Food Share Collections.
• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate.
• Our Social Media Community Policy, which sets out how we aim to promote a quality environment for our users on social media. When using social media to interact with us, you must comply with this Social Media Community Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.

Accessing our site

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must register and comply with our site terms in order to use it.

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. You must not disclose it to any third party.

We have the right to disable any account, user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or any other policy or terms and conditions referred to in these terms of use.

You are responsible for all activity on your account.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may terminate your access to our site immediately by written notice to you:

1. if you commit a material or persistent breach of our site terms which you fail to remedy (if remediable) within 5 days after the service of written notice requiring you to do so; and
2. if you carry out any of the prohibited uses detailed in our site terms or such others prohibited uses which we deem to be similar

On termination for any reason:

1. you shall no longer be able to access our site;
2. you must immediately cease all activities on our site;

Using our site

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

You acknowledge and agree that you do not acquire any ownership interest our site nor any other rights other than to use our site in accordance with our site terms.

You acknowledge and agree that all intellectual property rights in our site either belong to us or our licensors (as the case may be), and that you have no rights in our site other than the right to use it in accordance with our siter terms.

You may use our site for non-commercial use. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. You may print individual pages, and may download extracts, of any page(s) from our site for your personal and private use and you may draw the attention of others within your organisation to content posted on our site.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. This includes printing a substantial number of pages from our website, which in our reasonable opinion suggests a commercial use.

Prohibited uses

You must not modify the paper or digital copies of any materials you have printed off our site or downloaded in any way, and you must not use our trademarks, any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You may use our site only for lawful purposes. All information which you provide to us must be true, accurate, current and complete in all respects. You will notify us as soon as possible of any changes to such information. You may not use our site:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms of use;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms of use;
• to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party;
• in any way that infringes our intellectual property rights or those of any third party in relation to your use of our site directly and indirectly; or
• to transmit or upload any material that is defamatory, offensive or otherwise objectionable in relation to your use of our site.

Links to other websites on our site and third party content

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

Our site may include third party content. This third party content has not been verified or approved by us and we are not liable or responsible for any such content. The views expressed by any third party on our site do not represent our views or values.

Links to our site

You may link to the homepage of our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link to our site in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the standards set out in these terms of use.

Uploading content to our site

Whenever you use a feature that allows you to upload content to our site, or contact other users of our site, you must comply with the standards set out in these terms of use and the Social Media Community Policy.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by submitting your content, you grant us and each of our group companies a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferable licence to use, store, copy, reproduce, edit, adapt, distribute, prepare derivative works of, display, make available and communicate your content (in whole or in part) or incorporate it in works in any other form now or in the future. You warrant that you have the right to grant this licence.

You waive your moral rights to the extent permitted by law in your content. This means that we do not need to identify you as the author of any content and you cannot object to any derogatory treatment.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the standards set out in these terms of use and the Social Media Community Policy.

We will not be responsible to you for any loss of material uploaded or transmitted through our website.

Our liability to you

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no confirmations, representations, warranties or guarantees, whether express or implied, relating to non-infringement, compatibility and security or that the content on our site is accurate, complete or up to date.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

Please note we and our respective licensors:

• exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
• will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  1. use of, or inability to use, our site; or
  2. use of or reliance on any content displayed on our site; and
  3. will not be liable for loss of profits, sales, business, goodwill or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, computer failure or malfunction or any indirect or consequential loss or damage.

General Terms

Indemnity and warranty

You agree to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand and in full, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of your breach of these terms of use or any other liabilities arising out of your use of our site. This means that you will be responsible for any loss or damage we suffer as a result of your breach of these terms of use.

Suspension or withdrawal of our site

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

Validity of these terms

If any part or provision of these terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.

Applicable law and jurisdiction

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute relating to these terms, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree that the courts of England exclusive jurisdiction over any dispute relating to these terms.