Terms of use

FruitLab Terms of Use

These Terms of Use apply to anyone who registers for a FruitLab account (a “Player”).

UNDER 18s: if you are below the age of 18, please ask your parent or guardian to read and agree these Terms of Use on your behalf. Please note that you are not permitted to register for a FruitLab account if you are below the age of 13.

Please read these Terms of Use carefully to understand how you may use the FruitLab Platform, including the restrictions which apply to ensure it is not unlawfully misused or copied.

Where we refer to the FruitLab Platform, we mean the online platform which can be accessed at https://www.fruitlab.com and which we describe further below (see THE FRUITLAB PLATFORM).

Topics Covered

1. WHO WE ARE
2. HOW TO CONTACT US
3. THE FRUITLAB PLATFORM
4. OTHER TERMS WHICH APPLY TO YOU
5. YOUR RIGHT TO USE THE FRUITLAB PLATFORM
6. YOUR FRUITLAB ACCOUNT
7. PIPS
8. THE FRUITLAB SHOP
9. CHALLENGES, COMPETITIONS AND REWARDS
10. OTHER PLAYERS’ VIDEOS AND CONTENT ARE NOT APPROVED BY US
11. VIDEOS YOU UPLOAD AND CONTENT YOU SUBMIT
12. RIGHTS YOU GIVE TO US
13. YOU MUST NOT MISUSE THE FRUITLAB PLATFORM
14. ENDING (OR SUSPENDING) YOUR USE OF THE FRUITLAB PLATFORM
15. DATA PROTECTION
16. AVAILABILITY OF THE FRUITLAB PLATFORM
17. CHARGES ASSOCIATED WITH THE FRUITLAB PLATFORM
18. YOUR RESPONSIBILITIES
19. WE MAY UPDATE OR MODIFY THE FRUITLAB PLATFORM
20. WE ARE NOT RESPONSIBLE FOR WEBSITES AND APPS WE LINK TO
21. RULES ABOUT LINKING TO THE FRUITLAB PLATFORM
22. DO NOT RELY ON THE INFORMATION ON THE FRUITLAB PLATFORM
23. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
24. OUR INTELLECTUAL PROPERTY RIGHTS
26. OTHER RESTRICTIONS ON YOUR RIGHT TO USE THE FRUITLAB PLATFORM
27. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
28. DEALING WITH OTHERS
29. GENERAL
30. CANCELLATION FORM

 

 

1. WHO WE ARE

FruitLab Media Limited ("FruitLab" / "we" / "our" / "us") is a company registered in England and Wales under company number 11354212 whose registered office is at Level 2, 12 Greenhill Rents, London, EC1M 6BN, United Kingdom. Our VAT registration number is 299 3746 36. We own the rights in, and operate, the FruitLab Platform.

 

 

2. HOW TO CONTACT US

If you have any questions about the FruitLab Platform or have problems when you use it, please contact us at: Client Services, FruitLab Media Limited, Level 2, 12 Greenhill Rents, London, EC1M 6BN or via email at support@fruitlab.com.

You may also wish to contact us:

  • if there is something in these Terms of Use that you don’t understand and you want to talk to us about it; or
  • if you would like a copy of these Terms of Use in another format (for example, in large print).

 

 

3. THE FRUITLAB PLATFORM

The “FruitLab Platform” is an online community where Players can view and upload their videos (“Videos”). Players can earn rewards by engaging with the Platform. Rewards can be allocated to Players when advertisements are viewed prior to Videos being watched and rewards can be allocated to Players that upload Videos when their Videos are watched.

By watching advertisements Players can earn FruitLab points called “PIPS. PIPS can be donated to other Players, or used to purchase selected third party digital vouchers or make donations to selected charities. FruitLab has the ability to redeem PIPS for cash under certain circumstances, at its sole discretion.

Players may also interact by submitting comments on Videos, suggestions and other information on the FruitLab Platform. We refer to these as “Player Content”.

 

 

4. OTHER TERMS WHICH APPLY TO YOU

These Terms of Use refer to the following additional policies or terms, which also apply to your use of the FruitLab Platform:

  • [Our Community Guidelines; Hateful Conduct and Harassment Policy; Nudity, Pornography, and Other Sexual Content Policy; Music Policy; Trademark Policy; and DMCA/[Copyright] Guidelines (together called “Acceptable Use Policies”), which set out the content standards and conduct rules which apply when you use the FruitLab Platform.
  • Our Privacy Policy, which describes how we handle any personal information we collect from you or that you provide to us when you use the FruitLab Platform.
  • Our Cookie Policy, which sets out information about the cookies we use in connection with the FruitLab Platform.

 

 

5. YOUR RIGHT TO USE THE FRUITLAB PLATFORM

In return for your agreeing to comply with these Terms of Use, we grant you the right to use the FruitLab Platform (including the right to earn, spend and donate PIPS) for your personal, non-commercial use only. This right will continue until you or we end our agreement under these Terms of Use (see ENDING (OR SUSPENDING) YOUR USE OF THE FRUITLAB PLATFORM).

The right to use the FruitLab Platform is personal to you. You may not transfer your FruitLab account to someone else (whether for money, anything else or for free). Anyone else wishing to use the FruitLab Platform must agree to these Terms of Use separately.

Certain restrictions apply to your right to use the FruitLab Platform, as set out in these Terms of Use.

You may view Player content on the FruitLab Platform without creating an account, however you understand that by doing so you are unable to earn, donate or spend PIPS and you are still bound by these Terms of Use.

 

 

6. YOUR FRUITLAB ACCOUNT

In order to access and use all of the features of the FruitLab Platform, you will need to register and create a FruitLab account.

When you do so, you must provide certain information about yourself, which must be accurate and current (including whether or not you are under the age of 13 so that we can process your information lawfully. See our Privacy Policy for more details).

You may only create a single FruitLab account. Multiple accounts (whether or not using different names, e-mail addresses or nicknames) are not permitted. Please note that temporary or forwarding email addresses are not permitted.

 

 

7. PIPS

When you use the FruitLab Platform, you may earn, and spend PIPS. You may also donate PIPS to other Players, and receive PIPS from Players who have donated them to you. The number of PIPS you have at any given time is shown in your FruitLab account as your “PIPS balance”.

You may earn PIPS as a result of your engagement on the FruitLab Platform. Any PIPS you earn will be automatically added to your FruitLab account. The specific number of PIPS allocated can vary. We reserve the right to change the rate at which Players may earn PIPS. We will take action if you attempt to earn PIPS fraudulently on the FruitLab Platform. (See YOU MUST NOT MISUSE THE FRUITLAB PLATFORM for more information.)

You may spend PIPS in the section of the FruitLab Platform called the “FruitLab Shop” (see THE FRUITLAB SHOP).

You may donate PIPS to another Player, up to any maximum amount we may specify. Any PIPS you donate will be automatically deducted from your FruitLab account. You will not be able to get those PIPS back unless that other Player decides to donate them to you. (See THE FRUITLAB SHOP below for information about donations to charity).

You acknowledge that you do not own any of the PIPS in your FruitLab account, but instead you have the right to use those PIPS in accordance with these Terms of Use. You also acknowledge that PIPS have no value outside the FruitLab Platform, and cannot be exchanged, sold or redeemed for money.

 

 

8. THE FRUITLAB SHOP

In the FruitLab Shop, you may buy third party digital vouchers, and you may donate money to a selected charity (each being a “transaction”).

1,000 PIPS has a value equivalent to US$1 to spend in the FruitLab Shop. (See the section “GENERAL (including our contract with you)” below for information about placing orders in the FruitLab Shop.)

Please note that all transactions are final, and no refunds will or can be given.

Digital vouchers

You may buy digital vouchers in set denominations (for example, $5, £10, £25). We will clearly specify the total cost of each digital voucher in PIPS and a designated currency. PIPS can be used as part payment, so if you do not have enough PIPS in your FruitLab account to cover the total cost, you can pay the difference in a designated currency. We will calculate the cost of this difference (by deducting the value of your PIPS) and clearly specify this before you proceed with your transaction.

Any PIPS you spend will be automatically deducted from your FruitLab account.

We will send any digital vouchers you purchase by e-mail to the e-mail address registered with your FruitLab account within 48 hours of that purchase, provided you agree to this when you place your order and acknowledge that this means you will no longer have the right to change your mind about that order within 14 days (see the section “GENERAL (including our contract with you)” below for more information). At busy times it may take longer for us to send those digital vouchers to you.

We reserve the right to substitute or remove without notice the types of digital vouchers that are available to purchase.

The ways in which you can use third party digital vouchers is controlled by those third parties, and their terms and policies will apply.

Donations to charity

You may donate money or PIPS (which we will convert to money) to any charity shown on the FruitLab Platform.

You will pay for donations in the same way as you pay for digital vouchers (see the section “Digital vouchers” above), and we will clearly specify the amount or cost of each donation in PIPS and in a designated currency in the FruitLab Shop.

Any donations you make to a charity will be non-refundable.

General (including our contract with you)

Below, we describe how a contract between you and us is formed in respect of any purchase you make in the FruitLab Shop.

How to place an order. Your order of a digital voucher in the FruitLab Shop is an offer to purchase. By placing an order with us, you acknowledge that you must pay for the digital voucher that you ordered, if we accept your offer to buy. Please read and check your order carefully before submitting it.

How we will accept your order. Our acceptance of your order will take place when you are taken to the order confirmation page on the FruitLab Platform and PIPS will be deducted from your PIP balance, at which point a contract will come into existence between you and us.

If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not deduct any PIPS from your FruitLab account, or charge your credit or debit card. We might be unable to accept your order if your payment cannot be authorised for any reason, if there has been a mistake by us regarding the cost or description of the PIPS or digital voucher, or if a digital voucher is no longer available, for example.

Your right to change your mind. If you are in the UK, you have a right to change your mind about any digital vouchers you purchase within 14 days of the date of purchase, and to receive a refund. However, you acknowledge that you will not be able to change your mind if you ask us to supply those PIPS or vouchers to you within that 14-day period (for example, you agree when you place your order that we will add the PIPS to your FruitLab account or e-mail the voucher to you immediately). To exercise this right to change your mind, you must inform us by a clear statement (for example in a letter or e-mail) before the 14-day period has expired. You can use the model cancellation form (see CANCELLATION FORM), but it is not obligatory. If you paid by credit or debit card, we will refund your payment to the same card. If you paid in PIPS, we will refund you in PIPS. We will make refunds within 14 days of cancellation.

In respect of any transaction, if you make a payment using a credit or debit card, that payment will be processed by a third party payment provider (see our Privacy Policy for details of this third party or these third parties). You may also have to pay a processing fee, which we will make clear to you before you proceed with your transaction.

You are responsible for managing any transactions you make in the FruitLab Shop and the amount you spend.

If you have an issue with any PIPS or digital vouchers you have purchased, please contact us (see HOW TO CONTACT US). We will swiftly investigate this issue and act reasonably in deciding whether to provide you with a refund or to resolve the issue in another way.

 

 

9. CHALLENGES, COMPETITIONS AND REWARDS

From time to time, we may run challenges and competitions on the FruitLab Platform and will offer and provide rewards to Players in connection with these challenges and competitions (including, but not limited to, the competitions that could be available from time to time under the name "Arcade").

Before taking part, you should read the terms and conditions which apply to any particular challenge or competition.

If there is any conflict between the terms and conditions of a challenge or competition and these Terms of Use, these Terms of Use will take priority over those terms and conditions.

 

 

10. OTHER PLAYERS’ VIDEOS AND CONTENT ARE NOT APPROVED BY US

We are not responsible for the Videos uploaded or Player Content submitted by Players to the FruitLab Platform, and we do not verify or approve them. The views expressed by Players do not represent our own views or values. For example, we do not in any way endorse, support, represent, guarantee or confirm the accuracy or reliability of any Video uploaded or Player Content submitted by any other Player.

We do not monitor, moderate or in any way control Videos or Player content. Although we require Players to comply with our Acceptable Use Policies, it is possible that Players still upload Videos or submit Player Content that is inaccurate, misleading, harmful, offensive or inappropriate, and you acknowledge that by using the FruitLab Platform, you may be exposed to those Videos and that Player Content.

You should report any Video or Player Content that does not comply with our Acceptable Use Policies to us via the report flag on the video page (indicated by the red flag icon) indicating the reason it violates our Acceptable use policy. We will swiftly investigate any report and decide whether to remove any such Videos or Player Content from the FruitLab Platform, which we will do at our discretion.

 

 

11. VIDEOS YOU UPLOAD AND CONTENT YOU SUBMIT

You are solely responsible for any Videos you upload or Player Content you submit to the FruitLab Platform.

You must have obtained all necessary rights, consents and licences with regard to any Videos you upload or Player Content you submit, and to grant us the rights set out in RIGHTS YOU GIVE TO US. This means that you cannot upload any Video or submit any Player Content which is subject to copyright or other proprietary rights, unless you are entitled to do so.

You represent and warrant to us that any Video you upload or Player Content you submit complies with our Acceptable Use Policies and applicable laws (including data protection laws, see DATA PROTECTION), and that you are entitled to do so (as set out above). You understand that you will be liable to us and will need to reimburse us if you breach this warranty (which means you will be responsible for any loss or damage we suffer as a result of that breach).

If another Player reports any Video you upload or Player Content you submit, we reserve the right to delete it for any reason (including if, in our opinion, it does not comply with these Terms of Use).

 

 

12. RIGHTS YOU GIVE TO US

When you upload any Video or submit any Player Content to the FruitLab Platform, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence (with the right to sublicense) to use, copy, reproduce, modify, adapt, distribute, display, publish, and process that content in any and all media or distribution methods without further consent, notice and/or compensation to you or others. This licence allows us to make your Videos and Player Content available to the rest of the world, including for our promotional purposes (and to allow others to do the same).

You agree that we may amend, edit, add to and delete from any Video you upload and Player Content you submit, and decide whether or not to credit you as creator of that Video or Player Content.

By providing suggestions or other feedback on the FruitLab Platform to us, you agree that we can use and share those suggestions and that feedback for any purpose without compensation to you.

 

 

13. YOU MUST NOT MISUSE THE FRUITLAB PLATFORM

You agree not to misuse the FruitLab Platform in any way.

In addition to complying with our FruitLab Acceptable Use Policies, you must not automate any of your interactions or transactions on the FruitLab Platform. This includes, but is not limited to, using bots, bugs, scripts, auto-clickers and similar tools imitating human action or inaction.

Without limiting the above restriction, you are strictly prohibited from using any fraudulent, dishonest or illegal means to earn, receive or otherwise acquire PIPS, and from altering your PIPS balance in any way.

We may contact you by e-mail, phone or text to verify any interaction or transaction for the purpose of preventing fraud and/or misuse of the FruitLab Platform.

We reserve the right to revoke any PIPS without notice which, in our reasonable opinion, you have earned, received or otherwise acquired in breach of this restriction. We may also deactivate your account. (See also ENDING (OR SUSPENDING) YOUR USE OF THE FRUITLAB PLATFORM.)

 

 

14. ENDING (OR SUSPENDING) YOUR USE OF THE FRUITLAB PLATFORM

You may end your agreement with us under these Terms of Use at any time by deactivating your FruitLab account.

We may end or suspend your right to use the FruitLab Platform at any time for any reason by deactivating your FruitLab account, including the following:

  • where you do not comply with these Terms of Use (or any terms or policies to which they refer);
  • where you do not use your FruitLab account for two years
  • where we are no longer able to provide the FruitLab Platform;
  • where you create a possible risk or legal exposure to FruitLab; or
  • where we need to safeguard your FruitLab account or protect the FruitLab Platform from security threats.

Deactivating your FruitLab account will not delete any Videos you have uploaded or Player Content you have submitted on the FruitLab Platform. To request deletion of those Videos or that Player Content, please contact us (see HOW TO CONTACT US).

What happens to the PIPS in your FruitLab account when your agreement with us ends?

If we end the agreement because you do not comply with these Terms of Use (“your breach”). You will not be entitled to redeem your PIPS balance (calculated at the point we end the agreement).

If weend the agreement for any other reason. You will be entitled to redeem your PIPS balance (calculated at the point we end the agreement) for digital vouchers of an equivalent value, but we will deduct our reasonable administrative costs for redeeming the PIPS.

If you end the agreement for any reason, including if we do not comply with these Terms of Use (“our breach”). You will be entitled to redeem your PIPS balance (calculated at the point you end the agreement) for digital vouchers of an equivalent value.

In addition, if you end these Terms of Use because of our breach, you may be entitled to compensation for any loss and damage caused by us (see OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU).

In each case, you will have two months from the date your FruitLab account is deactivated to redeem your PIPS for digital vouchers, after which time we reserve the right to remove these PIPS from your FruitLab account without further reference to you.

The digital vouchers to which you are entitled as part of any redemption will be rounded down to the nearest denomination.

If you wish to request a redemption as set out in the table above, please contact us (see HOW TO CONTACT US).

 

 

15. DATA PROTECTION

We need to tell you when, how and why we process your personal information, and your rights regarding that information. Your personal information may include details you give to us when you register and create a FruitLab account, information you include in any Videos you upload or Player Content you submit, and information we collect about your use of the FruitLab Platform. (See our Privacy Policy for more details).

 

 

16. AVAILABILITY OF THE FRUITLAB PLATFORM

The FruitLab Platform

The FruitLab Platform is designed to be operated on a wide range of operating systems. However, we do not guarantee that the FruitLab Platform, or any Videos, Player Content or other information on it, can be accessed and used on all computers or devices, nor do we guarantee that the FruitLab Platform is available in all geographic locations.

Although we try to ensure that the FruitLab Platform will always be available or be uninterrupted, we cannot guarantee it. For example, we rely on the hosting and support services of third parties, which may mean we cannot control availability or interruption (see our Privacy Policy for details of these third parties).

We may also suspend, withdraw or restrict the availability of all or any part of the FruitLab Platform for business, technical and/or operational reasons. Where we are able to do so, we will try to give you reasonable notice of this.

We are not responsible for issues relating to the internet generally, such as broadband availability, connection speed and other matters outside of our control which may affect the quality and availability of the FruitLab Platform, and your ability to use it.

Videos and Player Content

We may from time to time back up Videos and Player Content on the FruitLab Platform. However, we cannot guarantee that you will always be able to access or retrieve any particular Video that has been uploaded, or Player Content that has been submitted, by you or by other Players.

 

 

17. CHARGES ASSOCIATED WITH THE FRUITLAB PLATFORM

The FruitLab Platform is available to use free of charge. When using it, you are not required to purchase any PIPS or digital vouchers (but you may choose to do so).

However, if you access the FruitLab Platform from a mobile device (including a tablet computer), your (or the device owner’s) internet / mobile service provider or other third parties may charge you for accessing the FruitLab Platform on that device, including data charges. These charges, and any other similar costs to use the FruitLab Platform, are your (or the device owner’s) responsibility.

 

 

18. OUR RESPONSIBILITIES

You are responsible for all use of the FruitLab Platform through your account and for complying with these Terms of Use.

When you provide a password for your FruitLab account, or any other piece of information as part of our security procedures, you must treat that information as confidential.

You agree to keep your FruitLab account details safe and you must not disclose that information to anyone else. If you know or suspect that anyone other than you knows your FruitLab account details or you become aware of any other breach of security, you must promptly notify us at support@fruitlab.com.

 

 

19. WE MAY UPDATE OR MODIFY THE FRUITLAB PLATFORM

As the FruitLab Platform evolves, we may make updates or modifications to improve its functionality, enhance performance, reflect changes to Players' needs, address security issues or for other purposes.

We reserve the right to make these updates or modifications and will not be liable to you for any resulting loss of Videos, Player Content or other information on the FruitLab Platform.

 

20. WE ARE NOT RESPONSIBLE FOR WEBSITES AND APPS WE LINK TO

The FruitLab Platform contains links to other websites and apps which are not provided by us. We are not responsible for these websites and apps and have not checked and approved their content nor their privacy policies (if any).

 

 

21. RULES ABOUT LINKING TO THE FRUITLAB PLATFORM

You may link to the FruitLab Platform, 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 the FruitLab Platform:

  • in a way that suggests any form of association, approval or endorsement on our part where none exists.

The website or app in which you are linking must comply in all respects with the content standards set out in our FruitLab Acceptable Use Policies.

The FruitLab Platform must not be framed on any other website or app without our prior consent.

We reserve the right to withdraw linking permission without notice.

 

 

22. DO NOT RELY ON THE INFORMATION ON THE FRUITLAB PLATFORM

Any content which we provide on the FruitLab Platform 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 the FruitLab Platform. (For more information about Videos and Player Content provided by other Players see OTHER PLAYERS’ VIDEOS AND CONTENT ARE NOT APPROVED BY US, below.)

Although we make reasonable efforts to update the information which we provide on the FruitLab Platform, we make no representations, warranties or guarantees, whether express or implied, that it is accurate, complete or up-to-date.

 

 

23. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

While we take reasonable measures to ensure the FruitLab Platform is secure, we cannot guarantee that it will be secure, or free from bugs or viruses. You should therefore take your own precautions in relation to security when you use it, including installing your own virus protection software.

You must not:

  • knowingly introducing viruses, trojans, worms, logic bombs or other material on or to the FruitLab Platform that is malicious or technologically harmful;
  • attempt to gain unauthorised access to the FruitLab Platform, the server on which the FruitLab Platform is stored, or any server, device or database connected to the FruitLab Platform; or
  • attack the FruitLab Platform via a denial-of-service attack or a distributed denial-of service attack.

If you breach this section, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them.

To the fullest extent permitted by law, we will not be liable to you for any loss or damage you suffer as a result of a distributed denial-of-services attack, virus, or other technologically harmful material that may infect your computer or device equipment, computer programs, apps, data or other proprietary material due to your use of the FruitLab Platform or to your downloading of any material or information on it (including any Video or Player Content), or any website or app linked to it.

 

 

24. OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the FruitLab Platform, and any updates to it (whether currently in existence or created in the future, and wherever they exist in the world), belong to us or our licensors. By using the FruitLab Platform you do not acquire any rights in it.

You understand that your use of the FruitLab Platform does not create any of your own intellectual property rights in or to the FruitLab Platform.

You may download extracts, take screenshots/screengrabs and print one copy of any section of the FruitLab Platform for your own personal use (for example, to post on social media). However, you must not modify in any way any extract, screenshot or copy you have taken or printed off, and you must not remove any copyright or other proprietary notice from information and materials on the FruitLab Platform.

Unless you have our written permission, you must not capture or recreate any functions, features, concepts, content, data, images or other information in or relating to the FruitLab Platform.

You must not use any part of the FruitLab Platform (including any Videos, Player Content and other materials or information) for commercial purposes without obtaining a licence from us or our licensors to do so.

If you do not comply with this restriction, your right to use the FruitLab Platform will end immediately and you must, at our option, return or delete any extracts, screenshots, copies or otherwise which you have made in breach of it.

Where we refer to “intellectual property rights”, we mean rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).

 

 

26. OTHER RESTRICTIONS ON YOUR RIGHT TO USE THE FRUITLAB PLATFORM

In addition to the other restrictions set out in these Terms of Use, you agree that you will:

  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the FruitLab Platform, nor permit the FruitLab Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the FruitLab Platform on devices as permitted in these Terms of Use; and
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the FruitLab Platform nor attempt to do any such things, except to the extent that such actions cannot be prohibited under applicable law.

 

 

27. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Your only right or remedy with respect to any problems or dissatisfaction you have with the FruitLab Platform for unforeseeable loss or damage is to stop using it. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms of Use, both we and you knew it might happen.

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, or for fraud or fraudulent misrepresentation. If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk.

We are not liable for business losses. The FruitLab Platform is for domestic and private use. If you use the FruitLab Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the FruitLab Platform. The FruitLab Platform is provided for entertainment purposes only. The FruitLab Platform is also provided on an “as is” and “as available” basis, and we cannot guarantee that it will be error-free. We will not be liable to you for any loss or damage you suffer in connection with (a) non-availability of the FruitLab Platform (due to interruption or otherwise); (b) reliance on any content or information on the FruitLab Platform; or (c) any tax liability you might incur as a result of using the FruitLab Platform.

Our responsibility for PIPS and digital vouchers you purchase. If you buy any PIPS or digital vouchers and these do not operate as described for any reason, you are entitled to receive a refund without undue delay of an amount up to the price you paid for the relevant PIPS or digital voucher(s).

 

 

28. DEALING WITH OTHERS

We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms of Use.

You may not transfer your rights under these Terms of Use to another person.

Only you and we can enforce these Terms of Use. They do not confer any rights on anyone else who is not party to these Terms of Use.

 

 

29. GENERAL

Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these Terms of Use, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this agreement between us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These Terms of Use are governed by English law (except that if you live in a country of the European Union other than England, including Northern Ireland and Scotland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law).

If either of us wishes to bring legal proceedings, we both agree we must do so in the English courts (except that if you are a resident of Northern Ireland you may bring proceedings in Northern Ireland, and if you are resident of Scotland, you may bring proceedings in Scotland).

In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform

We may need to change these Terms of Use from time to time to reflect changes in law or best practice or to deal with additional features which we introduce on the FruitLab Platform. We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the FruitLab Platform. If you do not accept the notified changes you will not be permitted to continue to use the FruitLab Platform.

 

 

30. CANCELLATION FORM

To: FruitLab Media Limited, Level 2, 12 Greenhill Rents, London, EC1M 6BN, support@fruitlab.com:

I hereby give notice that I cancel my contract of sale of the following: [PLEASE SPECIFY YOUR PURCHASE (PIPS/DIGITAL VOUCHER; VALUE; DATE; VOUCHER CODE)]

Ordered on:
Order number:
Name of consumer:
Address of consumer:
Signature of consumer (if this form is on paper):
Date:

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