Terms of service

Welcome to Bobalife (the “Site”, which includes our website at www.bobalife.co.uk and the Bobalife mobile app). This Site is maintained and operated by Mr Bubble Drink Ltd. (“Bobalife” or “Company”). We are registered in England and Wales under number 08637846. Our registered office is at C/O Hunter Simmons Ltd, 3a London Road, Purbrook, Waterlooville, England, PO7 5LQ. Our trading address is Middle Barn, Meadow Farm, Ervills Road, Worlds End, Waterlooville PO7 4QU. Our VAT number is GB194541685.

By accessing, browsing or using this Site, you acknowledge that you have read and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. Bobalife reserves the right to revise these Terms at any time by updating this posting, but will not change these Terms in relation to orders which have been placed and acknowledged by Bobalife before the change is made. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. Our Site Privacy Policy explains how we use your personal information.

BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BOBALIFE RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE, BUT WILL NOT CHANGE THESE TERMS IN RELATION TO ORDERS WHICH HAVE BEEN PLACED AND ACKNOWLEDGED BY BOBALIFE BEFORE THE CHANGE IS MADE.

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

1. Use of the Site

You may use the Site only for your own personal use or, if you are buying for a business, for that business’s own purchases, and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Bobalife. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Bobalife. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.

We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
• Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature
• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
• Attempting to interfere in any way with the Site’s or Bobalife’s network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another website. You may not resell use of, or access to, the Site to any third party without our prior written consent.

2. Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be responsible for any use under such access codes or passwords by you or that results from your failure to keep them safe. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

3. Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to Privacy Policy.

4. Membership

The Site is available to registered users who have not been suspended or removed by Bobalife for any reason (a “Member”). We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. Where we revoke your membership, this will not affect current orders which we have acknowledged unless we revoke as a result of your breach of these Terms or the Privacy Policy or any other guidelines or rules, in which case we may cancel any existing orders that have not yet been delivered and will refund you in full for them. Membership is void where prohibited by law.

5. Orders and Contracts

Products may be ordered on our website or in the Bobalife app by clicking on the box or item you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the button to place and pay for your order at checkout.

Your order constitutes an offer to Bobalife to buy the products in your order. All orders are subject to acceptance by Bobalife. Bobalife is not obliged to accept your order and may, in its discretion, decline to accept any order. Where Bobalife accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been despatched.

If we decline or cancel your order (for example, because a product is out of stock), we will let you know and refund in full any payment you have made for that order.

Prices include VAT. Delivery costs (where applicable) are added in your basket or at checkout and shown before you pay.

Your order will be fulfilled by the delivery date set out in the confirmatory email or, if no delivery date is specified, then without undue delay and within 30 days of the date of the order. Occasionally, because of problems sourcing stock from our suppliers or for other reasons beyond our control, an order may take longer. If you are a consumer and your order is not delivered by the delivery date in the confirmatory email or, if none is given, within 30 days of the order, you may cancel it and we will refund you in full.

6. Consumer rights & cancellation

If you are a consumer (an individual buying wholly or mainly for purposes outside your trade, business, craft or profession), you may cancel an order and receive a refund at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you receive the products (or, if your order is delivered in more than one part, the day after you receive the last part). In this case, you will receive a refund in accordance with the Bobalife refunds policy (see below).

Our Returns Policy also gives you 60 days from the day your order arrives to change your mind and return products that are unused and in their original sealed packaging. This is in addition to your legal rights.

The right to cancel ends for any sealed food or drink product (such as our syrups, powders, popping boba, tapioca pearls and jellies) once you have broken its seal after delivery, because these products are not suitable for return for health protection and hygiene reasons. This does not affect your rights if a product is faulty (see below).

To cancel an order in this way, you must tell Bobalife clearly that you wish to cancel, for example by emailing support@bobalife.co.uk with your name, address and order reference. You may use the model cancellation form below, but you do not have to. You must also return the products to Bobalife at our trading address shown at the top of these Terms (or any other address we give you) within 14 days of telling us that you are cancelling, at your own cost. We may reduce your refund to reflect any reduction in the value of the products caused by your handling them more than was necessary to establish their nature, characteristics and functioning.

Bobalife’s refunds policy is: if you cancel an order within the 14-day cancellation period (see above), Bobalife will process the refund due to you as soon as possible and, in any case, within 14 days of the day we receive the products back or, if earlier, the day you provide evidence that you have sent them back (or, if we have not yet sent the products to you, within 14 days of the day you tell us you are cancelling). Bobalife will refund the price of the product, including the cost of delivery (if you chose a more expensive delivery option, we will refund delivery only up to the cost of our least expensive standard delivery option), less any deduction for handling described above. However, you will be responsible for the cost of returning the item to Bobalife. Bobalife will refund any money received from you using the same method originally used by you to pay for your purchase, unless you expressly agree otherwise.

If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract, and you have legal rights under the Consumer Rights Act 2015 if a product is faulty or not as described. Nothing in these Terms affects those rights.

Model cancellation form (complete and return this form only if you wish to cancel your order):

• To: Mr Bubble Drink Ltd (Bobalife), Middle Barn, Meadow Farm, Ervills Road, Worlds End, Waterlooville PO7 4QU, support@bobalife.co.uk
• I/We hereby give notice that I/We cancel my/our contract of sale of the following goods:
• Ordered on / received on (delete as appropriate):
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if this form is notified on paper):
• Date:

7. Product Information; Limitation on Quantities

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged, in which case we will not charge you more for that order and, if we cancel it, we will refund you in full). We do not guarantee that all products described on our Site will be available.

8. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Bobalife or our license partners and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Bobalife and the Bobalife logo are trademarks of Mr Bubble Drink Limited. All other trademarks are the property of their respective owners. All of our Site’s content is Copyright 2016 Mr Bubble Drink Limited. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Mr Bubble Drink Limited.

9. Submitted Content

By submitting or posting any materials or content on the Site, you grant Bobalife a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sub-license such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration has ended. If you do not want to grant Bobalife the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Bobalife the license specified above. You also confirm that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. Bobalife will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send while using the Services, including the right to be identified as the author of such content.

10. Disclaimers

Bobalife is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside Bobalife control. If you cannot access the Site properly or at all because any of these reasons, Bobalife will not compensate you for this, but this does not affect any refund due to you for an order.

Making the Site enjoyable means Bobalife needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. Bobalife will try to do scheduled maintenance during what Bobalife anticipates will be relatively low levels of online use. Bobalife also needs to be able to do emergency maintenance and/or suspend access to the servers where, in Bobalife’s reasonable discretion, Bobalife sees the need to do that. Bobalife will try to have the Site available again as soon as Bobalife thinks it is safe to do so.

The Site relies in part on software to work. The software has bugs. Whilst Bobalife will monitor the Site and try to fix bugs that are made known to us, Bobalife cannot guarantee that the Site will be bug-free or will work all the time. It is not a term of these Terms of Use that the Site or any individual feature of the Site will always be available, error-free and/or free from viruses.

Where the Site contains links to other websites and third-party products or services, these links are provided for your information only. Bobalife is not responsible for the content of these websites or products or services.

11. Indemnification

You agree to indemnify Bobalife and its group companies against liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms.

12. Limitation of Liability

Bobalife excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and Bobalife when the contract was made.

If you are a consumer, Bobalife is responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, but we are not liable to you for any business losses (such as loss of profit, loss of business or business interruption).

If you are buying as a business, Bobalife will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products ordered by you via the Site from time to time and (b) £250, whichever is the higher.

Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; (c) breach of your rights under the Consumer Rights Act 2015 (if you are a consumer) or (if you are buying as a business) breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (d) defective products under the Consumer Protection Act 1987; or (e) any other liability that cannot by law be excluded or limited.

13. Copyright Infringement; Notice and Take Down Procedures

Bobalife specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.

14. Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

15. Waiver; Remedies; Variations, Entire Agreement

The failure of Bobalife to partially or fully exercise any rights or the waiver of Bobalife of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Bobalife or be deemed a waiver by Bobalife of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Bobalife under these Terms and any other applicable agreement between you and Bobalife shall be cumulative, and the exercise of any such right or remedy shall not limit Bobalife’s right to exercise any other right or remedy. If you are buying as a business, these Terms may not be varied except with our express written consent, and these Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that we keep a record of your order, which you can see in the order emails we send you and, if you have an account, in your account.

16. Governing Law

The operation of the Site and Contracts for the purchase of Goods through the Site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts, and you keep the protection of the mandatory consumer laws where you live.

Questions

Should you have any questions regarding these Terms you may contact us at support@bobalife.co.uk