Terms of service

INTRODUCTION

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 our use of cookies in accordance with the terms of Cookie policy.

ABOUT

www.shockinglyfresh.com and www.shockinglyfresh.co.uk are operated by Shockingly Fresh Limited, registered in Scotland, no SC581578. Registered address: Gyleview House Suite 01, 3 Redheughs Rigg, Edinburgh, Scotland, EH12 9DQ.

LICENSE TO USE WEBSITE

Unless otherwise stated, Shockingly Fresh 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 or other content 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:

  • republish material from this website (including republication on another website);

  • 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; or

  • edit or otherwise modify any material on the website.

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 the express written consent of Shockingly Fresh.

You must not use this website for any purposes related to marketing without Shockingly Fresh's express written consent.

RESTRICTED ACCESS

Access to certain areas of this website is restricted. Shockingly Fresh reserves the right to restrict access to areas of this website, or indeed this entire website, at Shockingly Fresh's discretion.

If Shockingly Fresh provides you 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. 

Shockingly Fresh may disable your user ID and password in Shockingly Fresh's sole discretion without notice or explanation.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Shockingly Fresh a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Shockingly Fresh the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Shockingly Fresh or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Shockingly Fresh reserves the right to edit or remove any material submitted to this website, or stored on Shockingly Fresh's servers or cloud storage, or hosted or published upon this website.

LIMITATIONS OF LIABILITY

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

  • to the extent that the website is provided free-of-charge, for any direct loss;

  • 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 Shockingly Fresh has been expressly advised of the potential loss.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Shockingly Fresh'ry’s liability in respect of any:

  • death or personal injury caused by Shockingly Fresh's negligence;

  • fraud or fraudulent misrepresentation on the part of Shockingly Fresh; or

  • matter which it would be illegal or unlawful for Shockingly Fresh 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 this website disclaimer 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, Shockingly Fresh has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Shockingly Fresh's 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 Shockingly Fresh's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Shockingly Fresh.

Updated June 2023.