Terms & Conditions

GROUND is the owner and operators of the following website: groundmovement.net (“Site”).

These terms (“Terms”) set out how you may use the Site and the content within it, both when you register for and use an Account, when you use the Site as a guest (i.e. where you use and/or browse the Site without logging into an GROUND Account). Use includes without limitation accessing, browsing (with or without purchase), registering and/or submitting any Contributions (defined below).

These Terms also set out how you may interact with us on our official social media accounts (including without limitation our accounts on Facebook, Instagram, and Youtube) (“Social Media”). Interacting in this context includes without limitation: following us, “liking”, “resharing”, or writing a comment in relation to a page, or submitting a Contribution (defined below) on the Social Media (“Interacting” or “Interaction” (as applicable).

The Site and the Social Media shall together be referred to as the “Services” in these Terms.

Please also read our Terms and Conditions of Sale which relate to your purchase of items from the Site, Promotions Terms relating to our promotions, and our Privacy Policy and Cookies Policy which relate to information collected during your use of the Services and other GROUND services (“Other Terms”).

Please read the Terms and the Other Terms carefully before you start to use the Services. By using the Site and Interacting with us on the Social Media, you are agreeing to these Terms and the Other Terms (collectively “Our Terms”) and agree to comply with them. If you do not agree to Our Terms you must not use the Services.

You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of Our Terms and that they comply with them.

We reserve the right to amend these Terms from time to time. The Terms were most recently updated on 30 July 2019.

Content on the services

The content on the Services is provided for general information only. It is not intended to amount to advice on which you should rely.

We will update the Services from time to time and may change the content at any time.

Although we make reasonable efforts to update the information on the Services, we make no representations, warranties or guarantees, whether express or implied, that the content on the Services is accurate, complete or up-to-date.

We do not guarantee that the Services or any content on them, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Services without notice.

Placing an order on site

When you go through the checkout process and place an Order with us on the Site (even where you are a guest i.e. where you have not logged into an GROUND Account (“Guest”) you will provide to us various information about you including your name, email address, payment address, delivery address and telephone number. You must ensure that the details you input are correct and personal to you or an email address that is used by another person) to ensure the accuracy and security of your information and to ensure that we can tailor our services to you. We use the email addresses you have inputted as a Guest to link Orders to you so it is important that this email address is personal to you to ensure the security of your information and to ensure that our information about you is kept accurate and up to date.

Where you are placing an Order as a Guest you will be given the opportunity to register for a GROUND Account. We will use the details that you have inputted during the checkout process to set up your account and then so all you will need to do is input a password which you will need to login to your GROUND Account. You must ensure that the email address you have inputted is personal to you, if it is not, please do not proceed to registration otherwise the other persons using your email address may be able to access your account and all your Account Information (see below). You must also ensure that the password that you set is not obvious to any third party to ensure the security of your Account Information.

Where you are an GROUND Account holder and you proceed through the checkout without logging into your GROUND Account upon inputting of the email address (that you use to login to your GROUND Account) you will be prompted to login to your GROUND Account by being asked to input your password. If you input your password, you will be logged in and the relevant fields in the checkout process will be populated with your Personal Details. If you do not input your password, you will be treated as a Guest and will need to complete your information in the relevant fields of the checkout process.

Where you proceed as a Guest we will store your Order details against your email address. We will repeat this process each time you use the Site and place and Order using that email address.

Your GROUND account details

When you register an GROUND Account you will be required to provide certain details about you including your name, email address, payment address, delivery address, date of birth, and you will be asked to provide an email address and password which you will need to use to login to your GROUND Account(“Login Details”) (collectively the “Personal Details”). You must also ensure that the password that you set is not obvious to any third party to ensure the security of your Account Information.

You must regularly review the Personal Details provided and change any details where your circumstances change e.g. where you change your address, email address or name. It is your responsibility to ensure your Personal Details are kept accurate and up to date. It is important that your details are kept accurate and up to date to ensure we can tailor our services to you and ensure our service is as efficient as possible for you, for example, we will use your details to pre-populate fields your Personal Details in the checkout process when you are logged in.

It is important and you must ensure, that your Personal Details are personal to you (and not anyone else), for example, you must not as part of your Login Details or otherwise, provide a generic email address or an email address that is used by another person.

You must also treat all your Personal Details as confidential information. You must in no circumstances disclose your Login Details to any other person. If you know or suspect that another person has your Login Details you must inform us immediately by contacting our Customer Care team at [customer care email address here]

We will make available to you on your GROUND Account your Personal Details and your order history (i.e. details of orders you have placed with GROUND) (“Account Details”). You must always log out of your GROUND Account after you have finished. This will prevent unauthorized people from accessing your Personal Details and your Account Details. We reserve the right to close /suspend/ disable your GROUND Account at any time and in any circumstances, including without limitation where:

We find out that an unauthorized person has accessed your GROUND Account;

A proxy IPs (Internet Protocol Addresses) is being used in order to attempt to hide the use of multiple accounts; or

Your use disrupts the services we provide in any way or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

Submitting content

You may submit reviews, profiles, images, videos, instructions, comments, questions, feedback, ideas, suggestions or other information or materials via the Site or on the Social Media whether relating to our Site, products, promotions or other matters upon which you wish to comment (collectively “Contributions”), as long as such Contributions comply with our contribution standards set out below (“Contribution Standards”).

By submitting a Contribution you agree that we and third party service providers acting on our behalf may contact you about your Contribution and use your Contribution.

Your submission of a Contribution grants to us an irrevocable, perpetual, royalty-free, transferable and sub-licensable right and licence to use, store, copy, reproduce, modify, edit, adapt, translate, delete, publish, translate, create derivative works from, perform, sell and/or distribute, such Contribution, and incorporate such Contribution into any form, medium or technology, whether whole or in part throughout the world without any compensation to you. By submitting a Contribution you waive all resale rights, performance and moral rights in the Contribution including without limitation your right to be attributed to the Contribution and the right to object to the derogatory treatment of the Contribution.

All Contributions will be considered non-confidential.

Intellectual property rights

The intellectual property rights in the Services (including without limitation the content and software used in the Services) remains our property or the property of or licensors (as applicable). These rights are protected by copyright, treaties and laws around the world and are expressly reserved.

Any use of the Services, including without limitation copying, storing in whole or in part, for a commercial use is prohibited without our prior written permission.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use.

You must not:

Use any part of the content on the Services for commercial purposes without obtaining a license to do so from us;

Modify the paper or digital copies of any materials you have printed off or downloaded from the Services in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which is provided on the Services;

Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or accompanying documentation supplied by us or our licensors on the Services;

Use or otherwise reproduce the “GROUND” name and/or logos (or any marks which are colourably similar) without our prior written consent.

Our status (and that of any identified contributors) as the authors of content of the Services must always be acknowledged.

Your Interaction with us on the Social Media may involve you submitting content, a photo or video of you (“Your Content”). By Interacting with us on the Social Media you hereby grant us a non-exclusive, transferable, royalty-free, worldwide licence to use Your Content on the Social Media and on other sources notified to you on the relevant Social Media page. This includes without limitation a licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content (or any part of Your Content) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Use may also include sharing Your Content with trusted third parties.

If you print off, copy or download any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Limitation on liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on them, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Services or use of or reliance on any content displayed on the Services.

Please note that we only provide the Services for domestic and private use. You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on the Services, or on any website linked to the Services.

We do not guarantee that the Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access the Services. You should use your own virus protection software.

Prohibitions

You must not misuse the Services.

You must not, in relation to the Services: introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or in breach of confidence or is any way offensive or obscene attack the Site via a denial-of-service attack or a distributed denial-of service attack; commit or encourage a criminal offence; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights (including without limitation intellectual property rights); send any unsolicited advertising or promotional material / “spam”; attempt to affect the performance or functionality of any computer facilities access through the Site hack into any aspect of the Services; and/or corrupt data. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use of the Services will cease immediately.

You must not use the Services for any commercial purposes (including without limitation using automated systems or software to extract data from the Services) without our prior written consent.

Third party links and resources on our site

Where the Services contain links to other site and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those site or resources.

We assume no responsibility for the content of websites linked on the Services. Such links should not be interpreted as endorsement by us of those linked websites. When you activate any of these links you will leave the Services and we have no control over, and will accept no responsibility or liability for any loss or damage that may arise from your use of them.

Social media

By interacting with us on the Social Media (including without limitation following us on the Social Media, “liking”, “reposting”, writing a comment in relation to a page on the Social Media) (“Interacting” or “Interaction” (as applicable) you are consenting to our interaction with you on the Social Media and the processing of your information accessed on the Social Media.

The information about you that may be collected when you Interact with us on the Social Media may include without limitation your name, your user profile, your age, your preferences, choices and viewpoints with regards to the topic or subject matter of the relevant Social Media page, your photos and other images and your videos.

Your Interaction with us on the Social Media may also involve you submitting a photo or video of you (“Your Image”).

Social media

Your Interaction with us on the Social Media may also involve you submitting a photo or video of you (“Your Image”).

By Interacting with us (whether on the Site, Social Media or otherwise) you consent and grant to GROUND a perpetual, worldwide, royalty-free license to use Your Image and Contributions for the purposes of promoting, advertising and endorsing GROUND and GROUND’s goods and services, including without limitation for the purposes of your participation in any promotional activity for the same, and in any media including without limitation television, Social Media, on our Site, in print and outdoor advertising materials. We may want to use Your Image and Contributions for additional purposes which will be detailed when we collect Your Image and/or in any promotional terms and conditions which will be featured on our Promotions Terms page

You may be able to log into the Social Media via the Site through “share” or other buttons. By logging into the Social Media through this service we can make your experience on the Site richer and more personalized. As part of such service the Social Media Services will provide us with access to certain information that you have provided to such Social Media and we will use, store and disclose such information in accordance with our Privacy Policy. We enable these features merely as a convenience and integration and inclusion of such features does not imply and endorsement or recommendation.

Promotion Terms

Discount Code Promotions Terms & Conditions

These terms and conditions apply to the use of discount codes (“Code”) offered to you by us on our website, social media and email campaigns (“Promotional Material”) (“Code Promotion”). The Codes offer the discounts stated in the Promotional Material (“Discount”) and can be redeemed against your purchases on the applicable GROUND website stated in the Promotional Material.

To redeem the Discount you will need to select the items that you wish to purchase and then proceed to checkout where you will need to enter the code shown in the Promotional Material (“Code”) at “enter code” section of the checkout process. You can only use the Code once. You cannot use the Code and apply the Discount in conjunction with any other offer, discount or promotion. You cannot use the Code for any other purpose, other than as set out in these terms and conditions. You cannot transfer or exchange the Discount for any purpose, amount, gift, items, money, vouchers or other form of compensation.
By using the Code you agree to these terms and conditions. If you do not agree to these terms and conditions please do not use the Code.
The Discount is available for the period stated in the Promotional Material (“Promotion Period”). At the end of the Promotion Period the Discount will no longer be available.
Conditions of use:
You will need to purchase an item to use the Code;
You must be resident in the in the territory stated in the Promotional Material and purchase items from the Website stated in the Promotion;

iii. You must be aged over 16. If you are aged under 18 you must have the permission of your parent or guardian to participate in this promotion and by using the Code you confirm that you have obtained such permission;

Where the Code has been sent in a personal communication to you e.g. email, you should not share the Code with anyone else. The Code must only be used by you;
You must use the Code as stated in these Terms and Conditions.

We reserve the right to refuse the Discount to any person that does not satisfy these conditions of use.

We reserve the right to cancel or amend the Code Promotion at any stage where we deem it necessary and/or there are circumstances outside our reasonable control which affects or could affect the proper operation of the Discount Code Promotion e.g. software or network malfunction preventing the use and application of the code, and only where circumstances make this unavoidable, but will always endeavor to minimize the effect to Participants in order to avoid undue disappointment.
All purchases using the Code are subject to the Terms of Sale. Where goods purchased using the Discount are subsequently returned for a refund, any refund due will take into account the Discount and an appropriate amount will be deducted from your refund.
Your use of the Code may be subject to other terms and conditions for example, where you have received the Code upon registering a GROUND account you must comply with the New Customer Sign Up Terms and Conditions.
To the fullest extent permitted by law we exclude any and all liability for any loss, damage or injury occurring to you or any third party arising from the promotion.
This promotion is administered by GROUND.

New Customer Sign Up Terms and Conditions

These terms and conditions apply when you register for a GROUND account (“Account”). You must agree to these terms and conditions to register an Account. If you do not agree to them, please do not register an Account.

By completing the registration form (“Form”) you are agreeing to open up an account with GROUND. This will allow you to purchase items from our websites, allow us to send you offers by the communication methods you have selected and also allow us to tailor your experience when you use the Websites (for this purpose we use cookies – see our Cookies Policy for more information).
We will process the data that you supply on the Form in accordance with our Privacy Policy. For the purposes of registering an account with us, we will in particular use the data you provide to send you our newsletter and offers. You must notify us immediately if the details you have provided change. If you want further information about the data we hold on you please contact our Customer Services at [email].
You must be aged over 16 to open an Account. If you are aged under 18 you must have the permission of your parent or guardian to open an Account and by registering you confirm that you have obtained such permission.
You must comply with the Terms of Use when using the websites.
All purchases made using your Account will be subject to the Terms of Sale.

Accessibility

We are working to make the Site as accessible as possible to be used by everybody. You will notice changes to the Site over the coming year to help with navigation, reading text, color schemes and use of screen readers.

If you have any questions about these Terms please write to Customer Care at: Info@groundmovement.net