• Privacy Policy
  • Terms of Service
  • Website Terms
  • Acceptable Use Policy

We ask that you read this website privacy policy carefully as it contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

This website privacy policy is divided into the following sections:

Who we are

This website is operated by So & Mo Limited, registered office Heath Farm, Heath Lane, Allostock, Knutsford WA16 9JE. We are a subscription based fertiliser supplier and for more information see the about us page.

We collect, use and are responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation which applies across the European Union and the United Kingdom and we are responsible as ‘controller’ of that personal information for the purposes of those laws.

Our website

This privacy policy relates to your use of our website, www.soandmo.com only.

Throughout our website we may link to other websites owned and operated by certain trusted third parties to make additional products and services available to you. These other third party websites may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to these other third party websites, please consult their privacy policies as appropriate.

Our collection and use of your personal information

We collect personal information about you when you access our website, register with us, contact us, send us feedback, purchase products or services via our website, post material to our website and complete customer surveys or participate in competitions via our website.

We collect this personal information from you either directly, such as when you register with us, contact us or purchase products or services via our website or indirectly, such as your browsing activity while on our website (see ‘Cookies’ below).

The personal information we collect about you depends on the particular activities carried out through our website.

This information includes:

We use this personal information to:

This website is not intended for use by children and we do not knowingly collect or use personal information relating to children.

Our legal basis for processing your personal information

When we use your personal information we are required to have a legal basis for doing so. There are various different legal bases on which we may rely, depending on what personal information we process and why.

The legal bases we may rely on include:

Further information—the personal information we collect, when and how we use it

For further details on when we collect personal information, what we collect as well as how we use it, please read the following sections:

When information is collected What information we ask for How and why we use your information  
When you register with us Contact details: your name and email address

We ask for this:

— to create and manage your account with us

— to communicate with you about your account

We rely on contract as the lawful basis for collecting and using your personal information.

We will keep this information until:

— you close your account with us; or

— we close your account

 
When you order goods from us

Contact details: your name, email address, delivery address

Payment details: your account name, payment card number, expiry date, and CVV number

We ask for this:

- to process the payment for the goods to be provided to you

- to deliver goods to you.

We rely on contract as the lawful basis for collecting and using your personal information.

Payment details are collected and processed on our behalf by Subbly Limited (company number SC524297, the company that provide our secure payment platform.

We share your contact details with UPS who will deliver the goods to you.

We will keep this information until:

— we have fulfilled your order and the period within which you may cancel your order has expired; or

- you terminate your order with us in accordance with our terms and conditions and all sums payable to us have been collected; or

- you cancel your subscription plan with us,

whichever is the latest.

 

 

Who we share your personal information with

We routinely share your name and delivery address details with UPS. This data sharing enables UPS to deliver the goods you ordered directly to you.

Your payment details are captured and processed directly by Subbly Limited when you are redirected to it’s payment platform during our checkout process.

We will share personal information with law enforcement or other authorities if required by applicable law.

We will not share your personal information with any other third party.

Whether information has to be provided by you, and if so why

We require you to provide your name, delivery address, and payment details to enable us to provide goods to you. If you do not provide us with this information, we will not be able to provide you with goods.

Transfer of your information out of the UK and EEA

We will not transfer your personal information to countries outside the United Kingdom (UK) and European Economic Area (EEA).

Cookies and other tracking technologies

A cookie is a small text file which is placed onto your device (eg computer, smartphone or other electronic device) when you use our website. We use cookies on our website. These help us recognise you and your device and store some information about your preferences or past actions.

Marketing

We would like to send you information about products and services, competitions and special offers, which may be of interest to you. Where we have your consent or it is in our legitimate interests to do so, we may do this by post, email, telephone, text message (SMS) or automated call.

We would also like to share your information with selected third parties so that they may send you information about their products or services, depending on what you agree with us.

We will only ask whether you would like us and other businesses to send you marketing messages when you tick the relevant boxes when you complete our online order form for the first time. Click here to see what this form looks like: Online Order Form[DM2].

If you have previously agreed to being contacted in this way, you can unsubscribe at any time by:

—contacting us at team@sandmo.com

—using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts

It may take up to 2 days for this to take place.

For more information on your rights in relation to marketing, see ‘Your rights’ below.

Your rights

Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain

We hope that we can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you the right to lodge a complaint with a supervisory authority, in particular in a European Economic Area state or in the United Kingdom if you work, normally live or if any alleged infringement of data protection laws occurred in the relevant state. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.

Changes to this website privacy policy

This website privacy policy was published on 7 September 2020 and last updated on 4 September 2020.

We may change this website privacy policy from time to time, when we do we will inform you via email.

How to contact us

Please contact us if you have any questions about this privacy notice or the information we hold about you.

If you wish to contact us, please send an email to data@soandmo.com.

Do you need extra help?

If you would like this website privacy policy in another format (for example: audio, large print, braille) please contact us (see ‘How to contact us’ above).

Please read the following important terms and conditions before you buy anything on our website and check that you are happy to agree to them all and there is nothing that you are not willing to agree to.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
up to 30 days: if your goods are faulty, you can get a refund;

up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;

up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• ‘We’, ‘us’ or ‘our’ means So & Mo Limited; and
• ‘You’ or ‘your’ means the person using our site to buy goods from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

• Email: team@soandmo.com (emails are monitored and responded to between Monday to Friday: 9 am to 5 pm), or  
• Telephone: 0161 768 2191 (lines are open Monday to Thursday: 10 am to 2 pm).  

Do you need extra help?

If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.

Who are we?

We are So & Mo Limited, a company registered in England and Wales under company number: 12769992.

Our registered office is at: Heath Farm, Heath Lane, Allostock, Knutsford WA16 9JE.

We trade from our registered office.

Our VAT number is: 356585069.

The details of this contract will not be filed with any relevant authority by us.

1 Introduction

1.1 If you buy goods on our site you agree to be legally bound by this contract.

1.2 You may only buy goods from our site for non-business reasons.

1.3 This contract is only available in English. No other languages will apply to this contract.

1.4 When buying any goods you also agree to be legally bound by:

    1.4.1 our website terms and conditions and any documents referred to in them;
    1.4.2 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend

      to do this by giving you one month’s notice, unless the change is required immediately for valid reasons in which case we will notify you as soon as reasonably possible; and
    1.4.3 specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods, or they will be contained in the bespoke plan documentation provided to you if placing an order for goods under a subscription plan for a plot of 800m2 or above.

All of the above documents form part of this contract as though set out in full here.

2 Information we give you

2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is contained within these terms, the product descriptions on our website (or bespoke plan documentation if placing an order for goods under a subscription plan for a plot of 800m2 or above) and within the acknowledgement email (see clauses 4.3 and 5.3).

2.2 If you are unsure about any of the key information provided to you, contact us using the contact details at the top of this page.

2.3 The key information we give you by law forms part of this contract (as though it is set out in full here).

2.4 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3 Your privacy and personal information

3.1 Our Privacy Policy is available here .

3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4 Ordering goods from us – ‘one off’ order

4.1 Below, we set out how a legally binding contract between you and us is made when you make a one-off order for goods.

4.2 You place an order on the site by ‘checking out’ the contents of your online basket, which requires you to provide us with payment details and a delivery address. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us.

4.3 When you place your order at the end of the online checkout process (eg when you click on the ‘complete’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

4.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:

    4.4.1 the goods are unavailable;
    4.4.2 we cannot authorise your payment;
    4.4.3 you are not allowed to buy the goods from us;
    4.4.4 we are not allowed to sell the goods to you;
    4.4.5 you have ordered too many goods; or
    4.4.6 there has been a mistake on the pricing or description of the goods.

4.5 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

    4.5.1 a legally binding contract will be in place between you and us; and
    4.5.2 we will dispatch the goods to you.

4.6 If you are under the age of 18 you may buy any goods from the site.

5 Ordering goods from us - subscription plan order

5.1 Below, we set out how a legally binding contract between you and us is made when you make an order for goods through one of our subscription plans.

5.2 You subscribe to one of our subscription plans by ‘checking out’ the appropriate plan in your online basket, which requires you to provide us with payment details and a delivery address. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us.

5.3 When you place your order at the end of the online checkout process (eg when you click on the ‘complete’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that an order for any particular goods has been accepted.

5.4 Prior to the first goods being sent to you as part of the subscription plan we will send you an email to confirm and accept your order (Confirmation Email). At this point:

    5.4.1 a legally binding contract will be in place between you and us; and
    5.4.2 we will dispatch the goods to you.

5.5 If you are under the age of 18 you may buy any goods from the site.

6 Right to cancel

6.1 You have the right to cancel this contract within 14 days without giving any reason.

6.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.

6.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this contract. You may use the model cancellation form available here , but it is not obligatory.

6.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

7 Effects of cancellation under clause 6

7.1 If you cancel this contract within the cancellation period in accordance with clause 6, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

7.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

7.3 We will make the reimbursement without undue delay, and not later than:

    7.3.1 14 days after the day we receive back from you any goods supplied; or
    7.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
    7.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

7.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

7.5 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

7.6 If you have received goods:

    7.6.1 you shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
    7.6.2 you will have to bear the direct cost of returning the goods; and
    7.6.3 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

8 Duration of the subscription contract

8.1 You can cancel or upgrade your subscription order at any time. A cancellation or upgrade notice will not affect any orders for goods under your subscription plan for which you have already received a Confirmation Email (unless you are cancelling under clause 6 prior to or within 14 days or receiving your first good).

8.2 If you cancel your subscription order and have paid for a full 12 month service on an annual billing cycle we will reimburse you a pro rata amount in respect of any goods that you have not received within the applicable 12 month period at the point of cancellation.

8.3 We may immediately suspend the provision of goods under the contract and / or end the contract at any time by giving you notice if:

    8.3.1 we cannot authorise your payment;
    8.3.2 you breach these conditions;
    8.3.3 we have reasonable grounds to suspect fraud or any other illegal or restricted activity.

9 Price

9.1 The price of goods purchased in a one-off order will be the price as detailed on our website on the date of your order.

9.2 The initial price of the goods when you purchase one of our subscription plans will be the price as detailed on our website on the date of your order or as detailed in the bespoke plan documentation provided to you if placing an order for goods under a subscription plan for a plot of 800m2 or above.

9.3 We can increase the price of our subscription plans at any time by giving you at least 30 days notice. We will give you notice of an increase to the subscription price by email.

9.4 The price of the goods:

    9.4.1 is in pounds sterling (£)(GBP);
    9.4.2 includes VAT at the applicable rate; and
    9.4.3 does not include the cost of delivering the goods if placing a one-off order, but does include the cost of delivering the goods if purchasing one of our subscription plans.

10 Delivery

10.1 We use UPS to deliver our goods.

10.2 Once you have purchased a subscription plan the goods will be delivered to you automatically without any further action required by you. Deliveries under a subscription plan are made in February, April, July and October.

10.3 The estimated dates for delivery of the goods are set out in the Confirmation Email (see clauses 4.5 and 5.4).

10.4 If something happens which:

    10.4.1 is outside of our control; and
    10.4.2 affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

10.5 Delivery of the goods will take place when we deliver them to the address that you gave to us.

10.6 Unless you and we agree otherwise, if we cannot deliver your goods within 45 days of the estimated delivery date, we will:

10.6.1 let you know;
10.6.2 cancel your order; and
10.6.3 give you a refund.

10.7 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

10.8 We do not make deliveries to any addresses outside of the UK.

11 Payment

11.1 We accept the following credit cards and debit cards: Mastercard, VISA, American Express. We do not accept cash.

11.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

11.3 Your credit card or debit card will only be charged on each occasion that goods are due to be dispatched. If you have purchased a subscription plan on a quarterly payment cycle payments will be taken on or around: 1 January, 1 April, 1 July and 1 October. If you purchase a subscription plan during January, February, April, July or October then the first payment will be taken at the point of purchasing the plan and then in accordance with the quarterly payment cycle thereafter.

11.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

    11.4.1 Verified by Visa: www.visa.com.ng/pay-with-visa/security-and-assistance/verified-by-visa.html;
    11.4.2 Mastercard®SecureCodeTM: www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html; or
    11.4.3 American Express SafeKey: https://www.americanexpress.com/uk/security/safekey/.

11.5 If your payment is not received by us and you have already received the goods, you:

    11.5.1 must pay for such goods within 30 days; or
    11.5.2 must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

11.6 If your payment is not received by us and we have not yet sent you the goods, we can suspend provision of the goods to you without giving you notice

11.7 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

11.8 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 6 and 7.

12 Nature of the goods

12.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:

      12.1.1 are of satisfactory quality;
      12.1.2 are fit for purpose; and
    12.1.3 match the description, sample or model.

12.2 We must provide you with goods that comply with your legal rights.

12.3 The packaging of the goods may be different from that shown on the site.

12.4 Any goods sold:

    12.4.1 at discount prices;
    12.4.2 as remnants; or
    12.4.3 as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

12.5 If we can’t supply certain goods (such as a particular spreader) we may need to substitute them with alternative goods of equal or better standard and value. In this case:

    12.5.1 we will let you know if we intend to do this but this may not always be possible; and
    12.5.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

13 Faulty goods

13.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

    13.1.1 contact us using the contact details at the top of this page; or
    13.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

13.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

13.3 Please contact us using the contact details at the top of this page, if you want:

    13.3.1 us to repair the goods;
    13.3.2 us to replace the goods;
    13.3.3 a price reduction; or
    13.3.4 to reject the goods and get a refund.

14 End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

15 Limit on our responsibility to you

15.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

15.1.1 losses that:
    (a) were not foreseeable to you and us when the contract was formed;
    (b) that were not caused by any breach on our part;
    (c) were caused by you tampering with the goods, your negligence, as a result of your failure to follow the instructions provided by us with the goods, or as a result of you having purchased a plan that is not appropriate for the size of your lawn;
15.1.2 business losses; and
15.1.3 losses to non-consumers.

16 Disputes

16.1 We will try to resolve any disputes with you quickly and efficiently.

16.2 If you are unhappy with:

    16.2.1 the goods;
    16.2.2 our service to you; or
    16.2.3 any other matter,

please contact us as soon as possible.

16.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

    16.3.1 let you know that we cannot settle the dispute with you; and
    16.3.2 give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr .

16.4 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

16.5 The laws of England and Wales will apply to this contract.

17 Notices

17.1 Where we are required to give you any notice in writing under this contract we can give you this notice by:

    17.1.1 letter;
    17.1.2 email; or
    17.1.3 SMS.

17.2 We will send notices using the contact details that you have given to us and a notice sent to contact details that we hold for you at the time will be deemed to be valid service. You are responsible for ensuring that the contact details that we hold for you are accurate and up to date

18 Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

1 About our Terms

1.1 These Terms explain how you may use this website (the Site).

1.2 References in these Terms to the Site includes the following website: www.soandmo.com and all associated web pages.

1.3 You should read these Terms carefully before using the Site.

1.4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

1.5 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

1.6 If you have any questions about the Site, please contact us by:

    1.6.1 e-mail team@soandmo.com (emails are monitored and responded to between Monday to Friday: 9 am to 5 pm), or

    1.6.2 telephone 0161 768 2191 (lines are open Monday to Thursday: 10 am to 2 pm).


1.7 Definitions

Acceptable use policy means our acceptable use policy which can be found here , which governs your permitted use of the Site;

Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

Online terms and conditions for the supply of goods means our terms and conditions for the supply of goods which can be found here , which will apply to you ordering goods using the Site;

Site has the meaning given to it in clause 1.1;

Terms means these terms and conditions of use as updated from time to time under clause 11;

Unwanted Submission has the meaning given to it in clause 6.1;

we means So & Mo Limited, company registration number 12769992, with VAT registration number 356585069 and the registered office of which is at Heath Farm, Heath Lane, Allostock, Knutsford WA16 9JE (and us or our shall have the same meaning); and

you means the person accessing or using the Site or its Content (and your shall have the same meaning).

2 Using the Site

2.1 The Site is for your personal and non-commercial use only.  

2.2 You agree that you are solely responsible for:

    2.2.1 all costs and expenses you may incur in relation to your use of the Site; and
    2.2.2 keeping your password and other account details confidential.
 

2.3 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at team@soandmo.com.

2.5 As a condition of your use of the Site, you agree to comply with our Acceptable use policy and our Online terms and conditions for the supply of goods, where applicable.

2.6 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

3 Your privacy and personal information

3.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

3.2 Our privacy policy is available here .

4 Ownership, use and intellectual property rights

4.1 The Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means 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). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.

4.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

4.3 Trade marks: the So & Mo logo is our trade mark. Other trade marks and trade names may also be used on the Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

5 Submitting information to the Site

5.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.  

5.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

6 Accuracy of information and availability of the Site

6.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

6.2 We may suspend or terminate operation of the Site at any time as we see fit.

6.3 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

6.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

7 Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

8 Limitation on our liability

8.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

8.1.1 losses that:
    (a) were not foreseeable to you and us when these Terms were formed; or
    (b) that were not caused by any breach on our part;

8.1.2 business losses; and

8.1.3 losses to non-consumers.

9 Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

10 Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

11 Variation

These Terms are dated 4 September 2020. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 11. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

12 Disputes

12.1 We will try to resolve any disputes with you quickly and efficiently.

12.2 If you are unhappy with us please contact us as soon as possible.

12.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:

    12.3.1 let you know that we cannot settle the dispute with you; and
    12.3.2 give you certain information about our alternative dispute resolution provider.

12.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

12.5 Relevant United Kingdom law will apply to these Terms.
 

1 About this policy

1.1 Together with our website terms and conditions of use (which can be found here ), this acceptable use policy (Policy) governs how you may access and use this website and all associated web pages (Site).

1.2 You should read this Policy carefully before using the Site.

1.3 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by this Policy, which supplements our website terms and conditions of use. If you do not agree with or accept any part of this Policy, you should stop using the Site immediately.

1.4 If you have any questions about this Policy, please contact us using the contact details provided in our website terms and conditions of use.

1.5 If you would like this Policy in another format (for example: audio, large print, braille) please contact us using the contact details provided in our website terms and conditions of use.

1.6 In this Policy:

‘we’, ‘us’ or ‘our’ means So & Mo Limited, company registration number 12769992 with VAT registration number 356585069 and whose registered office is at Heath Farm, Heath Lane, Allostock, Knutsford WA16 9JE; and
‘you’ or ‘your’ means the person accessing or using the Site or its content.

2 Acceptable use

We permit you to use the Site only for personal purposes and primarily for accessing information about us and our products, and ordering our products. Use of the Site in any other way, including any unacceptable use set out in this Policy, is not permitted.

3 Unacceptable use

3.1 As a condition of your use of the Site, you agree not to use the Site:

    3.1.1 for any purpose that is unlawful under any applicable law or prohibited by this Policy or our website terms and conditions of use;
    3.1.2 to commit any act of fraud;
    3.1.3 to distribute viruses or malware or other similar harmful software code;
    3.1.4 for purposes of promoting unsolicited advertising or sending spam;
    3.1.5 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
    3.1.6 in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
    3.1.7 in any manner that harms minors;
    3.1.8 to promote any unlawful activity;
    3.1.9 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
    3.1.10 to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
    3.1.11 to attempt to circumvent password or user authentication methods.

4 Bulletin boards, chat rooms and other interactive services

4.1 We may make bulletin boards, chat rooms or other communication services (Interactive Services) available on the Site.

4.2 We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material (Submission) submitted to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.

4.3 We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not.

4.4 Any Submission you make must comply with our Submission standards set out in clause 5 below.

4.5 By making a Submission, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Submission (in whole or in part) on the Site, and on any other websites operated by us, indefinitely.

5 Submission standards

5.1 Any Submission you make to our Interactive Services and any other communication to users of our Site by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.

5.2 In particular, any Submission or communication by you must be:

    5.2.1 your own original work and lawfully submitted;
    5.2.2 factually accurate or your own genuinely held belief;
    5.2.3 provided with the necessary consent of any third party;
    5.2.4 not defamatory or likely to give rise to an allegation of defamation;
    5.2.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
    5.2.6 unlikely to cause offence, embarrassment or annoyance to others.

6 Linking and framing

6.1 You may create a link to our Site from another website without our prior written consent provided no such link:

    6.1.1 creates a frame or any other browser or border environment around the content of our Site;
    6.1.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
    6.1.3 displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
    6.1.4 is placed on a website that itself breaches this Policy.

6.2 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

7 Using our name and logo

You may not use our trade marks, logos or trade names except in accordance with this Policy and our website terms and conditions of use.

8 Breach

We shall apply the terms of this Policy in our absolute discretion. In the event of your breach of this Policy we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions or any other communication to users of our Site by you to law enforcement authorities or take any action we consider necessary to remedy the breach.