Vending Machine Terms of Use

 Odore Limited

These terms of use (“Terms") and the documents referred to herein, together with our Privacy Policy set out the basis upon which you may access, visit and make use of our vending machine (“Machine”). 
Please take the time to read these Terms carefully before you start to use our Machine. By using our Machine, you indicate, confirm and acknowledge that you accept and agree to abide by these Terms as may be amended by us from time to time.  
You confirm that you are at least eighteen (18) years old.  
If you do not agree to or are unwilling to accept these Terms in their entirety, please stop using our Machine and refrain from visiting any of them in the future. 

1. Information about us and our Machine  

Our Machine is owned and operated by us, Odore Limited (registered in England and Wales under company number 10726054) and our registered office is at 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom (“we”, “our”, “us”). Our VAT registration number is 274336690. 
2. Access to our Machine

2.1 Access to our Machine is allowed on a temporary basis at our absolute discretion.

2.2 We reserve the right to restrict, withdraw, change, discontinue, remove, limit, prevent or amend access to our Machine without notice.

 2.3 We will not be liable to you or any other third party whatsoever if, for any reason, our Machine is unavailable at any time, for any reason or for any period.

3. Products

3.1 You may choose to select samples of our products which are available free of charge (“Samples”), or to select full-price Products (“Products”).

3.2 Both Samples and Products are provided “as-is” and without any warranty, representation, undertaking or guarantee as to their fitness for your purpose, merchantable quality or any other implied term.

3.3 We shall have no responsibility whatsoever for any rash, skin complaint, illness or medical condition caused or made worse by your use of any Sample or Product.

3.4 You agree that you will only use any Sample or Product strictly in accordance with the manufacturer’s instructions.

3.5 You may select Samples and Products in accordance with the stock availability of our Machine and we shall not be liable to you in any way in the event that any Samples or Products are not available from our Machine at any time.

3.6 You may not re-sell any of our Samples or Products. 

4. Payment

4.1 Our Samples are available to you free of charge, and Products may be purchased for the price shown on our Machine.

4.2 Risk in and title to the Samples and the Products shall pass to you on them being dispensed after payment as been made by you.

4.3 Payment for Products must be by debit or credit card before those Products are dispensed.

4.4 We use a third-party payment processing provider to process payments made through our Machine. By making such payments you agree to be bound by the payment processor's terms of service, which you will be able to view prior to completing a transaction.

4.5 We do not store any payment card data on the Machine, or otherwise, and you will be re-directed to our payment provider’s system to make your payment. That system is not operated or controlled by us in any way, even if it is branded to look like it is. 
4.6 We reserve the right to change our payment processing provider at our absolute discretion, at any time and without notice to you other than as is required for you to be able to make continuing payments to us.

4.7 Products will not be dispensed without payment in full being made by you beforehand. 

5. Changes to our Machine

We may, from time to time, need to make updates to our Machine, including to the software on it. In order to do so, we may suspend or restrict access to our Machine, or turn it off indefinitely.  
6. The Content

6.1 Any of the content, advertisements, specifications, descriptions, notices or information including, but not limited to text, images and other material (“Content”) on our Machine may be out of date at any given time and we are under no obligation to update such Content.

6.2 The Content is not intended to be, nor should it be treated or considered to be, advice or guidance of any sort which can be relied upon by you or anybody else. As such, we shall accept no responsibility or liability whatsoever and howsoever arising from, or in relation to, any reliance placed on such Content by you or any other user of our Machine.

7. Intellectual property rights

7.1 Unless specified in these Terms, we are the sole and absolute owner or licensee of any and all intellectual property rights whatsoever including but not limited to copyright, trademarks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights ("Intellectual Property Rights") which may arise or subsist in, or in relation to:  

7.1.1 our Machine;

7.1.2 the Samples;

7.1.3 the Products; or

7.1.4 the Content.

7.2  Except for the limited license granted to you under these Terms for you to use our Machine, we and our licensors hereby expressly reserve any and all Intellectual Property Rights whatsoever and howsoever arising in, and in relation to, our Machine, the Samples, the Products and the Content.

7.3  Provided that you comply at all times with these Terms, we hereby grant you a personal, limited, nontransferable, revocable, non-exclusive licence to use our Machine and the Content for your own purposes strictly in accordance with these Terms.

7.4 Your licence to use our Machine is restricted to these Terms and it is a condition of such licence that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) tamper with, damage, remove or deface the machine, copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code or otherwise transfer any right in our Machine.  

7.5  Any breach of the provisions of this clause 7 will be deemed to be a material breach of these Terms and we may, at our absolute discretion immediately terminate your licence to use our Machine under the provisions of these Terms.  

8. Limitation of liability

8.1 Every reasonable precaution and care is taken by us in relation to our Machine, our Samples and Products, and the Content. Despite this, our Machine, the Samples and Products, and the Content are provided without any guarantees, representations, conditions or warranties whatsoever as to their completeness or accuracy.  

8.2 To the fullest extent permitted by law, we expressly exclude any and all conditions, warranties and other terms which might otherwise be implied into these Terms by statute, common law or the law of equity.

8.3 We shall accept no liability whatsoever under or in connection with these Terms (whether such liability arises in contract, tort (including negligence) or otherwise) for any of the following, whether occurring directly or indirectly:

8.3.1 loss of income or revenue;

8.3.2 loss of business; 

8.3.3 loss of profits or contracts;

8.3.4 loss of anticipated savings;

8.3.5 loss of data; or

8.3.6 for any indirect or consequential loss or damage of any kind whatsoever and however arising.

8.4 To the fullest extent permitted by any applicable law, our total aggregate liability to you for any and all damages, losses, expenses, costs, claims or causes of action arising, by reason of or in connection with your use of (or inability to use) our Machine, any Samples or Products, or the Content, shall be limited to any sums paid by you to us during the previous twelve (12) month period.

8.5 The provisions of clauses 8.1 to 8.4 inclusive do not in any way affect or limit our liability in respect of:

8.5.1 death or personal injury arising from our negligence;

8.5.2 fraud or fraudulent misrepresentation; or

8.5.3 any other liability which cannot be excluded or limited under applicable law. 

9. Indemnity

9.1 You agree to indemnify and hold us and our subsidiaries and affiliates, and our and their officers, directors, agents, co-branders or other partners, and employees, harmless from any and all losses, damages, costs, claims, expenses (including, but not limited to, reasonable legal fees) whatsoever, sums agreed to in settlement and other liabilities, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of:

9.1.1 your use of the Machine;

9.1.2 your use of the Content;  

9.1.3 your request for Samples;

9.1.4 your purchase of any Products; or  

9.1.5 your violation of any rights of another person or entity. 

10. Your personal information

We process personal information about you strictly in accordance with our Privacy Policy. By using our Machine, you consent to such processing and you warrant that all data provided by you to us is complete and accurate. 
11. Use of our Machine

11.1 You may only access and use our Machine for lawful purposes.  

11.2 Under no circumstances may you access or use our Machine:  

11.2.1 in any way that breaches, or could breach, any applicable local, national or international law, rule or regulation;

11.2.2 in any way that is, or could be, unlawful or fraudulent, or has any unlawful or fraudulent intent, purpose or effect;

11.3 You also hereby agree, acknowledge and confirm that you may not, under any circumstances:  

11.3.1 reproduce, duplicate, copy or re-sell all or any part of our Machine or our Content;

11.3.2 access without authority, interfere with, damage, remove, attack or disrupt all or any part of our Machine, our Content or any other equipment or network, whether owned or operated by us or any third party. 

12. Termination of these Terms and suspension of access and/or use

12.1 If, in our absolute opinion, your access to our Machine and/or our Content has breached these Terms, then we may, at our absolute discretion:

12.1.1 temporarily or permanently withdraw your right to access or use our Machine or our Content;

12.1.2 issue a warning to you;

12.1.3 issue legal proceedings against you, including but not limited to, a claim for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your breach of these Terms;

12.1.4 disclose such information to law enforcement authorities as we reasonably feel is necessary; or

12.1.5 take any such other action as we consider appropriate.

12.2 We hereby exclude any and all liability whatsoever and howsoever arising, for actions taken in response to breaches of these Terms.  

13. General matters

13.1 A failure or delay by us to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

13.2 No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.

13.3 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties or constitute any party the agent of another party.  

13.4 A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

13.5 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. 13.6 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation.