Last updated: 27 April 2023
These Terms of Use govern your use of and your relationship with this website, thatwasfresh.com (the “Service” or the “Site”)
Please read these Terms of Use and the Privacy Policy carefully before using the Site as they affect your rights and liabilities under the law.
If you do not agree to these Terms of Use, please do not register for or use the Site.
In our Terms of Use and Privacy Policy, “we”, “us” and “our” means That Was Fresh and “you” means the individual who is using the Site.
1) Use of The Site
The Site is provided to you free of charge for your personal use subject to these Terms of Use. By using the Site you agree to be bound by these Terms of Use.
These Terms of Use do not affect your statutory rights.
2) Amendments
We may update these Terms of Use from time to time. The date of the last update to the Terms of Use will be clearly shown at the top of this page. The changes will apply to the use of the Site after we have given notice on this page.
If you do not wish to accept the new Terms of Use you should not continue to use the Site. If you continue to use the Site after the date the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms of Use.
3) Availability of the Site
Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the service will be fault free.
Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to minimise the periods during which access to the Site is restricted for these reasons.
4) Excluded Services
The services provided by the Site do not include the provision of computer or other necessary equipment to access the Site. To use the Site you will require Internet connectivity and appropriate telecommunications links. We shall not be liable for any telephone or other costs that you may incur.
5) Our Intellectual Property Rights
We, or people we have contracted with, own or are licensed to use all the copyright, database rights or similar rights and information within the Site. You may use the information and reproduce it in hard copy for your personal non-commercial use and reference only.
Except where you are using a feature of the Site, such as “email to a friend”, for personal non-commercial use and reference only, the information on the Site may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another document or other material without our prior written approval.
Any hard copies you make must retain all copyright and proprietary notices. You must not alter or try to alter any words, data, image or other item on the Site other than those items that are intended to be completed or changed by you.
The That Was Fresh logo is a registered trade mark.
6) Limitations
You may not use the Site for any of the following purposes:
• Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, otherwise objectionable material;
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
• Gaining unauthorised access to other computer systems;
• Interfering with any other person’s use or enjoyment of the Site;
• Breaching any laws concerning the use of public telecommunications networks;
• Interfering or disrupting networks or web sites connected to the Site; and
• Making, transmitting or storing electronic copies of the materials protected by copyright without the permission of the owner.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
• Any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• Any claim by any third party that the use of the Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
• Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.
7) Our Liability
The Site is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The Site provides content from other Internet sites or resources and while we try to ensure that the material included on the Site is correct, reputable and of high quality, we cannot accept responsibility if this is not the case.
We will not be responsible for any errors or omissions or for results obtained from the use of such information or for any technical problems you may experience with the Site. If we are informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
• Incompatibility of the Site with any of your equipment, software or telecommunications links;
• Technical problems including errors or interruptions of the Site;
• Any action you may take as a result of relying on any information provided on the Site or for any loss or damage suffered by you as a result of you taking this action;
• Any dealings you have with third parties (e.g. other users, advertisers or promoters) that take place using or facilitated by the Site;
• Unsuitability, unreliability or inaccuracy of the Site; and
• Inadequacy of the Site to meet your requirements.
You agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.
The information contained on the Site is for information purposes only and does not constitute advice. You should check any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see.
We do not make any warranty or representation as to the accuracy or fitness for purpose of any material on the Site or the reliability of the access to the Site.
The Site contains comments, information and material submitted and created by third parties.
We do not endorse and have no control over this content. This content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions or policies of us.
That Was Fresh excludes all liability for any illegality arising from or error, omission or inaccuracy in such material and we take no responsibility for such material.
That Was Fresh makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other users of the Site. We are not responsible for the conduct, whether online or offline, of any user the Site.
8) Medical and Veterinary Disclaimer
The information on the Site is intended for entertainment purposes only and does not constitute professional, veterinary, medical or healthcare advice or diagnosis, and may not be used as such.
Though we strive for accuracy, the information on the Site is not written or reviewed by a medical or veterinary professional, and is only to be used at your own risk.
Under no circumstance should information found on the Site be taken as medical or veterinary advice or used to prevent, diagnose, or treat any disease or illness. Make sure to carefully follow the label instructions for any product you purchase.
You should never delay seeking medical or veterinary advice, disregard medical or veterinary advice or discontinue medical or veterinary treatment because of information on the Site.
Statements made on the Site have not been evaluated by the Food and Drug Administration. None of the products featured on the Site are intended to diagnose, treat, cure or prevent any disease, unless otherwise explicitly stated.
If you are concerned about the welfare of a particular animal, you should seek further advice and assistance from your vet or other appropriate expert.
9) Advertising and Sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship.
Please also see our Privacy Policy.
10) Governing Law
These Terms of Use are governed and construed in accordance with the laws of The USA. You agree that the American court shall have exclusive jurisdiction but we may use another court if we choose.
Unless otherwise specified, the Site is directed solely at individuals from the USA. If you choose to access the Site from locations outside the USA, you do so on your own initiative and are responsible for compliance with local laws.
11) Reviews and Affiliate Disclosure
We participate in various affiliate marketing programmes, which means we sometimes get paid commissions on purchases made through our links to retailer sites.
For transparency, the pages which may feature these links (which are known as “affiliate links”) are clearly labelled with a notice shown below the headline of the page. The notice also features a link through to our Affiliate Disclosure page for further information.
We may also may link to general retail sites where we may receive an affiliate commission, but in those cases we have no direct relationship with the company that manufactures the product. For example, we may link to a particular product on Amazon.com and receive a commission. This is solely a relationship with Amazon, and not a relationship with the product’s manufacturer.
We are a participant in the Amazon Services LLC Associates Program and Amazon EU Associates Programme, both of which are affiliate advertising programmes designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon’s websites.
Sometimes, companies send us free products in return for us considering to write a review. We also sometimes receive compensation from the companies whose products we review.
We are independently owned and the opinions expressed in our review articles are our own. Our product reviews and guides are produced through a mix of expert opinion and real-world testing. In some cases, we may simply provide a summary of the findings of customers and/or other reviewers from elsewhere.
Please see our Affiliate Disclosure page for full details of the companies we have affiliate relationships with and/or have received products from.
12) Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Use.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
We shall not be responsible for any breach of these Terms of Use caused by circumstances beyond its control.
A person who is not a party to these Terms of Use shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use but this shall not affect any right to remedy of a third party which exists or is available apart from the Act.
