THE GUT STUFF APP TERMS OF USE

THE GUT STUFF APP TERMS OF USE AND PURCHASE 

WHO ARE WE AND WHAT ARE OUR CONTACT DETAILS? 

We are The Gut Stuff Ltd (“us”, “we” and “our”).  Our full details are at the end of these terms of use (“these terms”).  Our email contact details are: [email protected]. 

WHAT IS THE EFFECT OF THESE TERMS OF USE? 

You should read these terms before downloading or using the app. These terms are an end user licence agreement (or EULA); that is, a contract with you covering your use of the app. You must comply with these terms.  By downloading the app and registering (clicking sign-up), you agree to be bound by these terms. If you do not agree to these terms,  do not register/sign-up. Please read these terms carefully, as they contain important information regarding your legal rights, remedies, and obligations, including the legal disclaimers and limits on our liability to you (see the “MEDICAL DISCLAIMER: WHAT IS THE PURPOSE OF THE APP?” and the “WHAT ARE THE LIMITS OF OUR LIABILITY?” sections below). 

Under these terms, we grant you a non-transferable, non-exclusive licence to use our The Gut Stuff mobile application software (“app”) and the service you connect to via the app and the content we provide to you through it (“service”) on the devices referred to below, subject to these terms, our privacy policy, and the Store Rules, all as referred to below.  

WHO CAN USE THIS APP? 

You must be aged 18 years or over to accept these terms and to [buy and] use the app. If you are [buying or] downloading and using the app on behalf of, or for the benefit of, a user aged between 13 and 18 years old (a “Minor”) then you warrant and represent that you are the Minor’s authorised guardian or other authorised personal representative (“Guardian”), and you also accept these terms on your own behalf and on behalf of such Minor. In these terms, references to “you” includes both you in your personal capacity as a Guardian on behalf such Minor and as applicable, such Minor.  You must be located in the United Kingdom or Ireland to download, access or use the app. 

These are the “Location And Party Restrictions” that apply to the app. 

WHO IS YOUR CONTRACT WITH? 

These terms are an agreement between you and us only.  We are solely responsible for the app and the service. The ways in which you can use the app may also be controlled by the relevant app store (“Store”) provider’s rules and policies (available at Apple App Store and Google Play Store) (“Store Rules”) and the Store Rules will apply instead of these terms where there are differences between these terms and the Store Rules. 

Where you place an order using our app for goods sold by us, the contract for the sale of the goods is between you and us. 

Where you place an order using our app for goods or services offered or sold by a third party (a “Partner”), we act as the Partner’s disclosed agent and not as principal. This means your contract for the sale of such goods or services is made between you and the relevant Partner, on the terms and conditions set out will also apply to your purchase. Except for concluding sales as a disclosed agent on the Partner’s behalf, we have no responsibility to you in respect of any contracts made with any Partner and all references in the remainder of these terms to “we”, “us” or “our” shall be deemed to refer to the relevant Partner. 

MEDICAL DISCLAIMER: WHAT IS THE PURPOSE OF THE APP? 

The app and the service have not been developed to meet your individual requirements.  The app and service, including any content made available through use of the app or service, are intended to provide access to general information about gut health, and to enable you to keep a record of health-related information relating to you for your private personal use; for example, to allow you to provide your record or other information to a health professional you wish to consult.  This app and service are not intended for any other purpose.  This app is not intended to be used as a medical device, nor to provide you with medical advice or diagnoses in relation to particular health or medical conditions.  The app and service are in no way intended to amount to advice on which you should rely or replace professional medical care or attention by a qualified practitioner. The app and service cannot and should not be used as a basis for diagnosis or choice of treatment.  If you have any concerns regarding your health or any medical condition you should seek advice from a health professional or appropriate specialist, and you should consult a healthcare professional before taking, or refraining from, any action on the basis of any information or content made available to you through the app or services. We cannot answer unsolicited emails requesting personal medical advice. 

WHAT DEVICE REQUIREMENTS DO YOU NEED TO USE THE APP? 

For the app to work properly, you need an Apple device running iOS version 14.1 or above, or an Android device running version 9.0 and above. The app may work on other devices or versions, but it is not optimised to do so, so you may experience difficulties in using the app other than on the platform described above.  If you download the app onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device. 

WHAT ABOUT UPDATES TO THE APP OR THESE TERMS? 

These terms apply to any updated versions of the app, unless the updated versions are provided with updated terms, in which case the updated terms will apply instead.  From time to time we may automatically update the app and change the service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.  Updates may be issued through the Store. You may not be able to use the app or services until you have downloaded the latest version of the app and accepted any new terms.  We may change these terms at any time, notifying you of a change when you next open the app; you may be required to read and accept the new terms to continue your use of the app. If you do not accept the notified changes, you will not be permitted to continue to use the app and service. 

WHAT ABOUT YOUR PRIVACY? 

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy, which is accessible here and via the app. It is important that you read that information. 

HOW YOU MAY USE THE APP?

In return for your agreeing to comply with these terms, you may download a copy of the app onto one Apple or Android device, in line with the operating system requirements, and view, use and display the app and services on such the device for your private, personal, domestic (non-commercial and non-business) purposes only.  You agree to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the app or any service. 

Except as expressly set out in these terms or as otherwise permitted by applicable law, you may not (in each case in whole or in part): 

• Copy the app or service except where the copying is incidental to normal use of the app or service (including where necessary for back-up or operational security); 
• Rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify the app or service, nor permit the app or service to be combined with, or become incorporated in, any other programs, except as necessary to use the app and the service on devices as permitted in these terms; or 
• Disassemble, decompile, reverse-engineer or create derivative works based on the app or service. 

These are the “Licence Restrictions” that apply to the app. 

WHAT ARE THE RESTRICTIONS ON YOUR USE OF THE APP?

You must not: 

• Use the app or service in any unlawful way, for any unlawful purpose, or in any way inconsistent with these terms; 
• Act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, into the app; 

• Infringe our intellectual property rights or those of any third party in relation to your use of the app or service, including by the submission by you of any information when you do not have the right to do so; 
• Transmit via the app or service, or include in the app or service, any material that is defamatory, offensive, or otherwise objectionable; 
• Use the app or service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or 
• Collect any information or data from the app or service, or from anything else to which the app provides access. 

These are the “Acceptable Use Restrictions” that apply to the app. 

WHAT INTELLECTUAL PROPERTY RIGHTS APPLY TO THE APP?

Except as set out in these terms, all rights, including intellectual property rights, in the app and service throughout the world belong to us or our licensors and the rights in the app and the service are licensed (not sold) to you. You have no rights in, or to, the app other than the right to use it to the extent permitted, and in accordance with, these terms. 

IS THERE A LINK TO OUR WEBSITE? 

The app contains a link to our website (https://shop.thegutstuff.com), to enable you to shop via the app. Any use of our website by you is subject to the terms of use and privacy policy relating to the website, which can be accessed via the website. 

CAN YOU PURCHASE GOODS FROM US THROUGH THE APP? 

From time to time, we may offer goods you can purchase from us through the app and the purchase terms set out in the “WHAT TERMS APPLY WHEN YOU PURCHASE FROM US?” section will apply to your purchase.

ARE THERE LINKS TO OTHER WEBSITES? 

The app or service may contain links to other independent third-party websites, or help you access and purchase products or services offered by third parties; these are not provided by us and will open a browser window on top of the app.  Third-party websites and services are not under our control, and we are not responsible for their content, performance or their privacy policies (if any). You should make your own independent judgement regarding your interaction with any third-party websites, including the purchase of any products or services accessible through them. 

ARE THERE ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES? 

From time to time, we may allow you to access and purchase third party goods and services direct from Partners through the app. When you purchase goods and/or services from a Partner, the terms and conditions set out by the Partners will apply to your purchase instead of the terms set out in the “WHAT TERMS APPLY WHEN YOU PURCHASE FROM US?” section. The remainder of these terms will apply as appropriate. 

WHAT TERMS APPLY WHEN YOU PURCHASE FROM US? 

How can you order products from us? 

You can order goods (“goods”) from us via our app. 

How is the contract formed between you and us? 

Once you have placed your order, you should receive an email from us acknowledging that we have received your order (but please contact us if you do not receive this email). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which we may refuse for any reason).  If you want to make changes to your order at any time before we accept it, you can email us at [email protected].  If we accept your order, we will confirm this to you by sending you a further email confirming the goods are being processed ready for dispatch at which point the contract of sale between us (“contract”) will be formed.  From time to time we may make minor changes to goods to reflect changes in relevant laws and regulatory requirements. 

You will have an initial cooling-off period during which you may cancel your order. You will be able to cancel at any time after you submit your order until the end of the period of 14 days starting with the day after delivery of the relevant goods. If you cancel, you will receive a full refund of the price paid for the relevant goods in accordance with our refunds policy (see below). 

To cancel your order as explained above, you must clearly inform us, preferably: 

• email [email protected] giving us your name, address and order reference; or 
• by completing our cancellation form available at this section. 

If the goods have been delivered to you then you must return the goods to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the goods and make sure they conform to your order). 

When will you lose your right to cancel? 

You will lose your right to cancel your order for any goods once you open them (or otherwise break the seal on the packaging). If you received a packet contacting more than one item, you may still cancel in relation to any unopened items, and you will receive only a pro-rata refund of the charge calculated by reference to the number of items from the packet remaining in a sealed and re-saleable condition. 

What happens if you do not take reasonable care of the goods before you return them? 

You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any use or deterioration, up to the price of the goods, from the refund to which you are otherwise entitled. 

How should you return goods when you have cancelled following delivery of the goods to you? 

To return the goods, you should package the parcel securely (making sure you include a note of your name and address – enclosing any returns slip, if we have provided one – inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail or if the goods are too bulky to return by mail then by a suitable carrier, to the following address: 

JAMES AND JAMES FULFILMENT, Rhosili Rd, Northampton NN4 7JE 

We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the goods to us. 

When will you receive a refund following the exercise of your initial right to cancel? 

If you cancel a purchase within the initial 14-day cooling-off period as set out above, we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the goods back or, if earlier, the day on which we receive evidence that you have returned the goods to our returns address (see above). We will refund the price of the goods in full (subject to any deduction we are entitled to make due to your use of or damage to the goods, or packaging), including the cost of standard delivery to you. However, we will not refund your cost of returning the goods to us. We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise. 

When can we cancel your order and your subscription? 

We can cancel your order: 

• If any information you have provided to us (for example, if you have given us the wrong billing address) is inaccurate. 
• If any payment is not authorised by the issuer of your payment card. 

In the event of cancellation by us, you will not have to pay for any goods except to the extent that they have already been delivered to you (and if your card has already been charged for any goods that have not yet been delivered then you will be refunded in full), and any liability on your part to purchase goods in future will be cancelled. 

Where you can you find out the price of the goods? 

The price of the goods from time to time is as quoted on our app. All prices include any VAT (where applicable) but exclude delivery costs, which will be automatically added (at the amount shown) to the total amount due during checkout. Before ordering your goods, you will be able to see on the checkout page the total price, including any delivery charges and applicable VAT. 

Will the price of the goods change? 

The price of the goods may change from time to time and will be shown on the app. 

Using your discount code 

Specific conditions relating to the use of any discount code will be set out on the relevant voucher or website.  To redeem your voucher, make a purchase via the store and enter the discount code. Discount codes cannot be used in conjunction with other sales or promotional offers unless we’ve said otherwise. Discount codes can only be used for one order and will expire on the specified date as set out in the terms relating to the discount voucher. Discount codes have no cash redemption value. We reserve the right to cancel your order if you are in breach of these terms. 

How do we collect payment for the goods that you order? 

Payment for all orders must be made by PayPal, credit or debit card on the checkout page. Only credit or debit cards where the statement address is within the mainland United Kingdom can be used. Note that we use a payment services provider to process payments on our behalf, and we do not process your payment details ourselves. Your credit or debit card will not be charged until we despatch the relevant order. 

What if the goods are damaged or faulty? 

If any goods you order are damaged or faulty when delivered to you, we may offer replacement or a full refund. If you are not happy with any of our goods, please get in touch and we will do our best to help! 

Can you buy our goods via our app on behalf of a business? 

No – we only sell goods via our app to consumers, not businesses. If you have any enquiries regarding purchases by a business, please contact us at [email protected]. 

WHAT ARE THE LIMITS OF OUR LIABILITY? 

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable (loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, 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 or for fraud or fraudulent misrepresentation. 

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 

The app and service are not for use by a business; you may not use it for any business or commercial purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

The disclaimer and restrictions set out in the “MEDICAL DISCLAIMER: WHAT IS THE PURPOSE OF THE APP?” section above applies to your access and use of the app and service. Although we make reasonable efforts to update the information provided by the app and service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date at any time. 

We recommend that you back up any content and data used in connection with the app, to protect yourself in case of problems with the app or service. 

WHEN MAY WE TERMINATE THESE TERMS? 

We may terminate these terms immediately by written notice to you if: 

• You commit a serious or persistent breach of these terms which you fail to put right (if it can be put right) within 14 days after we send written notice requiring you to do so; or 
• You breach any of the Licence Restrictions; the Acceptable Use Restrictions; or the Location And Party Restrictions. 

On termination of these terms for any reason: all rights granted to you under these terms shall terminate; you must immediately cease use of the app and service, and delete the app from all devices and other storage. We may remotely access your devices and remove the app from them and cease providing you with access to the service. 

WHAT IF THERE ARE EVENTS OUTSIDE OUR CONTROL? 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks or services. 

WHAT IF ANY OF THESE TERMS ARE UNENFORCEABLE? 

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

WHAT IF WE DELAY IN ENFORCING OUR RIGHTS AGAINST YOU? 

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations nor prevent us taking steps against you at a later date. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

IS THE STORE PROVIDER RESPONSIBLE IN RELATION TO THE APP? 

The Store provider has no responsibilities or liability in relation to the use of the app or its content; however, the Store provider may have some rights in relation to the use of the app by you, [and these are explained at the end of these terms]. The Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the app.  If you think the app or service is faulty or misdescribed or otherwise does not conform to any applicable warranty, please email our customer service team at [email protected] .  You may also notify the Store provider, and the Store provider may decide to provide a refund in accordance with the Store Rules; otherwise, to the maximum extent permitted by applicable law, the Store provider will have no other warranty or other obligation whatsoever with respect to the app or its performance or use. The Store provider will not be responsible for addressing any claims relating to the app or your possession and/or use of the app, including, but not limited to: product liability claims; any claim that the app fails to conform to any applicable legal or regulatory requirement; or any claim arising under consumer protection, privacy, or similar legislation. The Store provider, and their affiliates and subsidiaries, are third party beneficiaries of these terms, and that, you’re your acceptance of the terms, the Store provider will have the right (and will be treated as having accepted the right) to enforce these terms against you as a third party beneficiary thereof. 

DO ANY THIRD PARTIES HAVE RIGHTS UNDER THESE TERMS? 

Other than as set out above in relation to the Store providers, no person other than you or us will have any right to enforce any of these terms. 

We are giving you personally the right to use the app and the service, you may not otherwise transfer the app or the service to someone else, whether for money, for anything else or for free. If you sell any device on which the app is installed, you must remove the app from it. 

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.  We may transfer our rights and obligations under these terms 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 our contract with you. 

WHAT LAW GOVERNS THESE TERMS? 

These terms, their subject matter, and the formation of the contract with you, are governed by English law. You can bring legal proceedings in respect of the app, service or these terms in the English courts, or if you live outside of England, you can bring legal proceedings in the courts of the country in which you live. 

WHAT ARE OUR FULL DETAILS AND HOW DO YOU CONTACT US? 

We are The Gut Stuff Ltd, a company registered in England and Wales with number 10848840, and our address is Elm Tree House, Handley Lane, Chesterfield, Derbyshire, S45 9AT. 

If you think the app or service is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at feedback@thegutstuff.com.  If we have to contact you, we will do so by email[, by SMS], using the contact details you have provided to us. 

WHEN WERE THESE TERMS LAST UPDATED? 

These terms were last updated on 25 January 2024.