Privacy

Effective date: Sep 1, 2020

What are your Terms and Conditions ?

Terms and Conditions applicable to a buyer of Marvin’s Den

These terms and conditions are the contract between you and Marvin’s Den ("us", "we", etc). By visiting or using Our Website or Our App, you agree to be bound by them. Our Partners may also impose additional terms and conditions to which your contract with them will be subject.

While we trade under the name "Marvin’s Den", our company registered name is TiffinEat Ltd, the registered number is 13477528, incorporated in the United Kingdom. Our registered office is at 86-90, Paul Street, London, England, United Kingdom, EC2A 4NE

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your Product on your behalf.

If you use our Service, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave Our Website or and stop using the Marvin’s Den App.

1. Definitions

"Our App" or "Marvin’s Den App"

means the mobile phone / cell-phone software application which enables you to select, order and pay for Products using your phone. It also includes any mobile app operated or owned by us, such as our App for Delivery and our App for our Partners to manage orders.

"Service"

means the service we provide to you via Our App.

"Content"

means the textual, visual or audio content that is encountered as part of your experience using Our App or Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you and all of the content provided by Partners to inform, illustrate and promote sales of the Products.

"Copy or Publish"

with reference to the Our App, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other software.

"Device"

includes any device, work station, electronic application or electronic receiving device.

"Licence"

means a licence granted by us to you in the terms of this agreement for use of Our App.

"Our Website"

means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the hardware and software installations that enable Our Website to function.

"Post"

means place on or into Our Website or Our App any Content or material of any sort by any means.

"Product"

means any product offered for sale on Our Website, through any medium.

"Partner"

means a person or organisation whose Products we offer for sale through Our App. A Partner the effective sellers of the Products.

"Software"

means the software which constitutes Our App or which provides any electronic function which supports the use of it.

2. Our contract

2.1. We do not offer Service in all countries. We may refuse service if you live in a country we do not serve.

2.2. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Service given on Our Website.

2.3. We are neither a buyer nor seller of Products offered for sale in any form. We are not either a principal or agent in a buying transaction.

2.4. Marvin’s Den is a marketplace. We are agents of a Partner only to the extent of use of Our App as a platform for sale of his Products and for collection and forwarding of your money. We are not responsible to you further than to take your money and pass it to the Partner.

2.5. We welcome any comment or complaint about a Partner, which you make through Our Website our Our App. We may act upon a complaint in our discretion, for the benefit of the body of our members.

2.6. We may or may not be responsible for delivery of any Product you order or for the returns and repayment procedure should you decide to return a Product for any reason.

2.7. In any dispute with a Partner, you should normally deal with us. However, we may pass your dispute on to the Partner as we have neither legal obligation nor detailed information about the Product.

2.8. We may change this agreement in any way at any time. The version applicable to your contract is the version which is Posted on Our Website or Our App at the time you buy a Product.

3. Your account and personal information

3.1. When you visit Our App, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

3.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

3.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4. The buying procedure

4.1. Marvin’s Den is not responsible for the fulfilment of your contract to buy a Product.

4.2. Prices listed on Our App by Partners are inclusive of any applicable sales tax.

4.3. Unless it is clear to the contrary, you may assume that every sale is made by a Partner in the course of his business.

4.4. Products may be offered for sale subject to any discount or promotion arranged between Marvin’s Den and the Partner.

4.5. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we deliver it to you.

4.6. Subject to discounts and promotions, Products are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.

4.7. Neither we nor the Partner can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.

4.8. Any detail given by us in relation to exchange rates is approximate only and may vary from time to time.

4.9. For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.

4.10. To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For detailed about disclosure of personal information please see our privacy notice.

5. Acceptance

5.1. Your order is an offer to buy from the Partner.

5.2. Nothing said or done by the Partner is an acceptance of an order until the Partner actually dispatches the Product.

5.3. At any time before a Product is despatched, the Partner may decline to supply the Product to you without giving any reason.

6. Marvin’s Den guarantee

6.1. To give you the utmost confidence in the Marvin’s Den buying experience, we offer you an after sales guarantee:

6.2. If the Partner fails to supply us with a Product for delivery to you for which you have paid, or supplies a Product which is substantially different from what you ordered, we ourselves will refund the cost to you.

6.3. This guarantee is subject to the following conditions:

6.3.1 you must first follow the returns and refunds procedure set out on Our Website or Our App;

6.3.2 the maximum payment is £250. We will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided on Our Website;

6.3.3 the claim form must be completed truthfully and accurately;

6.3.4 you must provide a street address to us in the United Kingdom

6.3.5 you must not have requested a charge back from your credit card company.

6.4. The guarantee set out in this paragraph is non contractual. We shall operate it at our entire discretion.

7. How we handle your Content

7.1. Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at [link to privacy policy].

7.2. If you Post Content to any public area of Our Website or Our App it becomes available in the public domain. We have no control over who sees it or what anyone does with it.

7.3. Even if access to your text is behind a user registration it remains effective in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

7.4. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.

7.5. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

7.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;

7.7. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

7.8. Please notify us of any security breach or unauthorised use of your account.

8. Consumer protection: cancellation and refunds

This and the following paragraph are not contractually part of this agreement. This is a statement of your rights as a consumer under the Consumer Contract (Information Cancellation and Additional Charges) Regulations 2013 ("the Regulations") and of the procedures with which all our Partners have been asked to comply. We have no responsibility if they fail to do so. If you have any problem with the Product you have purchased from Our Website please refer to the Partner. Your contract is with them. They have the information and systems to be able to help you.

Please note that following sub paragraphs apply only to a Product delivered to you in a hard medium such as a DVD or data storage device.

8.1. Products you buy here are delivered within 14 days from the day you place an order to purchase a Product.

8.2. The following rules apply to cancellation of your order:

8.2.1 If you have ordered the Product, but not received it, you may cancel your order without giving a reason, within 14 days of your order and 1 day before expected delivery. You will have no obligation and we will return your money.

8.2.2 If you have ordered the Product, and received it, you may cancel your order at any time within 14 days of the date your received it. You must tell us that you wish to cancel. You must also take and send a picture of the Product within that same 14 day period.

8.3. We will return your money subject to the following conditions:

8.3.1 You must take and send us a photo of the Product in a condition in which it is clear that it has not been consumed.

8.3.2 The picture of the Product you took and sent to us must clearly show a defect.

8.3.3 A defect can only be considered be such if and only if it makes the Product unfit for consumption or whether it shows that the Product presents significant differences in regards to the ingredients or the quality presented on our App. Taste or presentation differences will be taken into account only at our discretion by assessing the picture you sent, as these factors are subjective and up to personal preference.

8.4. The option to cancel your order is not available:

8.4.1 If the goods are somehow mixed with other goods so that they cannot identify or easily separate them.

8.5. You are responsible for the cost of showing us the condition of the Product. We or the Partner have no obligation to refund your cost if you are not able to send a truthful picture of the Product.

8.6. In any of the above circumstances, we will return your money within 14 days. The Partner is not able to make the refund.

9. Security of your [credit card]

We take care to make Our Website safe for you to use.

11.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

11.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

10.       Restrictions on what you may Post to Our Website

We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. This paragraph applies so far as we allow you to Post Content.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

12.1. be unlawful, or tend to incite another person to commit a crime;

12.2. consist in commercial audio, video or music files;

12.3. be obscene, offensive, threatening, violent, malicious or defamatory;

12.4. be sexually explicit or pornographic;

12.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

12.6. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;

12.7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;

12.8. be used to sell any goods or services or for any other commercial use not intended by us, for you or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;

12.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

12.10. facilitate the provision of unauthorised copies of another person's copyright work;

12.11. link to any of the material specified in this paragraph;

12.12. use distribution lists that include people who have not given specific permission to be included in such distribution process;

12.13. send age-inappropriate communications or Content to anyone under the age of 18.

11. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

13.1. hyperlinks, other than those specifically authorised by us;

13.2. keywords or words repeated, which are irrelevant to the Content Posted.

13.3. the name, logo or trademark of any organisation other than yours.

13.4. inaccurate, false, or misleading information;

12. Removal of offensive Content

14.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

14.2. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

14.3. If you are offended by any Content, the following procedure applies:

14.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.

14.3.2 we shall remove the offending Content as soon as we are reasonably able;

14.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

14.3.4 we may re-instate the Content about which you have complained or we may not.

14.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

14.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

13. Grant of Licence to use the [name] App

15.1. Subject to payment of the licence fee [from time to time,] and to the other terms of this agreement, we grant a Licence to you for eighty years to use the [name] App [throughout the World] [except [list exceptions, if any]].

15.2. [We do not offer the Licence in all countries]. We may refuse or revoke a Licence and return your payment if you live in a country we do not serve.

15.3. The Licence is non-exclusive, non-assignable, non-transferable and otherwise as limited by the terms of this agreement.

15.4. No express or implied licence of the [name] App or any other material is granted to you other than the express Licence granted in this agreement.

14. Restrictions on use of [name] App

You agree that you will not:

16.1. use the [name] App for any purpose beyond the scope of Licence as is provided in this agreement. These restrictions may relate to limitations on use, territory, duration, or any other choice which defines the [name] App.

16.2. reverse engineer, decompile, or disassemble the Software.

16.3. sub-license, copy or share the Software or the [name] App.

16.4. Copy or Publish the [name] App except as specifically allowed in this agreement.

16.5. represent or give the impression that you are the owner or originator of [name] App.

16.6. remove any identification or reference number or other information which may be embedded on [name] App.

16.7.     allow any other person to use the [name] App except in the situation or context for which you have bought it.

15. Copying the [name] App

17.1. You may install and use one copy of the Software on a single Device.

17.2. The primary user of the Device on which the Software is installed may make a second copy for his or her exclusive use on a portable Device.

17.3. You must not install the Software on more than two Devices and you must not use the Software on more than one Device at a time. The Software must not be used simultaneously on your home Device and on your office Device.

17.4. You may copy the [name] App once for the purpose of system backup.

16. Interruption to our Service

18.1. We give no warranty that our Service will be satisfactory to you.

18.2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reason. We may do so without telling you first.

18.3. You acknowledge that our Service may also be interrupted for reasons beyond our control.

18.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

17. Disclaimers and limitation of liability

19.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.

19.2. All implied conditions, warranties and terms are excluded from this agreement.

19.3. We provide a market place for the supply of Products. We are in no way responsible for:

19.3.1 your locating and ordering a Product;

19.3.2 your choice of a Product;

19.3.3 any aspect of the provision of the Products;

19.3.4 refund payment for any Product;

19.3.5 any complaint about any Product.

19.4. Our Website includes Content Posted by Partners and other third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the "Contact us" page on Our Website.

19.5. You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.

19.6. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

19.7. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

19.8. We shall not be liable to you for any loss or expense which is:

19.8.1 indirect or consequential loss; or

19.8.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

19.9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us for a Product.

19.10. We and the Partner can take any action that may reasonably be required from time to time, to protect his interests and ours in connection with a beach or possible breach of the Regulations.

19.11. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

18. Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

20.1. any act, neglect or default of yours in connection with this agreement or your use of the Services;

20.2. your breach of this agreement;

20.3. your failure to comply with any law;

20.4. a contractual claim arising from your use of the Services.

19. Dispute resolution

The following terms apply in the event of a dispute between the parties:

21.1. If you are not happy with our services or have any complaint then you must tell us by email message to [email address or an updated address which you will find on Our Website].

21.2. Detailed information about our complaint handling procedure is at [enter link (if any)]

21.3. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

20. Miscellaneous matters

22.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

22.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

22.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

22.4. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail:within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but the parties could miss or accidentally delete the message].

22.5. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

22.6. Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.

22.7. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

22.8. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.