WHO WE ARE AND HOW TO CONTACT US

http://www.marigold.co.uk (“our Website”) is a site which is operated by Freudenberg Household Products Limited Partnership (“we”). Freudenberg Household Products Limited Partnership is a limited partnership, registered in England and Wales with registration number LP003997 and its registered office at 2 Chichester Street, Rochdale, Lancashire, OL16 2AX.

To contact us for any reason, please email customercare.uk@fhp-ww.com

IMPRINT

Freudenberg Household Products LP 2 Chichester Street OL16 2AX Rochdale, United Kingdom

Telephone: +44 (0) 345 7697356 Email: customercare.uk@fhp-ww.com Website: www.marigold.co.uk

Management: Country Manager: Emmah Littlewood Financial Controller: Mark Lockwood

Commercial Register / Reg. No2.: Register number: LP3997

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS

By visiting our Website, you confirm that:

• you accept these Terms of Website Use and agree to abide by them. If you do not agree to the Terms of Website Use, please refrain from using our Website;
• you accept and agree to abide by the Acceptable Use Policy, which supplement our Terms of Website Use;
• you understand our approach and practices in relation to your personal data and how we shall us, and you accept and consent to the practices described in our Privacy Policy; and
• you agree to our use of cookies, about which we have provided you with additional information in our Cookie Policy.

We recommend that you print a copy of these documents for future reference.

Thank you for visiting our Website.

These Terms of Website Use refer to our Privacy Policy, Acceptable Use Policy and Cookie Policy (together, “our Policies”), which also apply to your use of our Website.

We reserve the right to amend these Terms of Website Use and any of our Policies from time to time. Every time you wish to use our Website, please check them to ensure you understand the terms that apply at that time.

You are expected to check these Terms of Website Use from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained within our Policies may also be superseded by provisions or notices published elsewhere on our Website.

WE MAY MAKE CHANGES TO OUR WEBSITE

We may update and change our Website from time to time in order to reflect changes made to any Marigold products, our users’ needs or any other aspect of the way we run our business.

WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

Our Website is made available free of charge, save for any products, paid subscriptions or other paid services which we may make available on our Website from time to time.

Any prize promotion or other advertising campaign published on our Website will be subject to the Terms and Conditions relevant to that particular promotion or campaign which is published on our Website from time to time.

We do not guarantee that our Website, or any content on it, will always be available or that your ability to use it will be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business or operational reasons.

DO NOT RELY ON INFORMATION ON THIS WEBSITE

The content provided on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

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

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Whenever our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links do not necessarily imply that we endorse those linked sites or any information that you may obtain from them. We have no control over the content of those sites or resources.

RIGHTS IN MATERIAL ON OUR WEBSITE

With the exception of user content hosted on the Website, all intellectual property rights in our Website, and the material on it are, as between you and us, vested in us.

You must not use any part of the content on our Website (except any content that you have generated) for commercial purposes without obtaining a licence from us to do so, which we may or may not decide to grant to you entirely at our discretion.

USER-GENERATED CONTENT IS NOT APPROVED BY US

Our Website may include information and materials uploaded by other users, including comments posted to forums. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not necessarily represent our views or values.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.

If you are buying any Marigold products from us, certain limitations of liability may apply. These are specified in the terms and conditions of sale which will be published on the website from which you are purchasing Marigold products.

We exclude all conditions, warranties, representations or other terms implied by law that may be applicable to our Website or any content on it.

We shall not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, however it arises and even if such loss or damage is foreseeable, arising as a result of or in connection with:

• your use of, or inability to use, our Website; or
• your use of or reliance on any content displayed on our Website.

In particular, we shall not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

The exclusions of liability in this section apply to the fullest extent permissible by law.

UPLOADING CONTENT TO OUR WEBSITE

Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy. If you fail to comply with those standards, you must indemnify us for that failure. In other words, you shall be responsible for any loss or damage that we suffer as a result of it.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting that you make on our Website if, in our opinion, your posting does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our Website, you grant us the following rights to use that content:

• you grant to us a licence to store, process, modify or reproduce any materials uploaded by you on our Website; and
• you also grant to other users of the Website or any third party the right to use any content that you upload to the Website, including the ability to download, modify or reproduce such materials.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

RULES ABOUT LINKING TO OUR WEBSITE

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation in any way, nor imply without our prior consent that we have approved or endorsed you in any way.

You must not establish a link to our Website in any website without permission. We reserve the right to withdraw any linking permission that we have granted at any time.

Any website to which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

Please note that these Terms of Website Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

ACCEPTABLE USE POLICY

INTERACTIVE SERVICES

We may from time to time provide interactive services on our Website including, without limitation, forums or the ability to upload comments (“interactive services”).

You must be aged 16 or above in order to use any of our interactive services. If you are under 16 you are not permitted to use any of these services.

Where we do provide any interactive services, we shall provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or using computer programmes). However, we are under no obligation to oversee, monitor or moderate any interactive services we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive services by a user in contravention of our content standards, whether the service is moderated or not.

PROHIBITED USES

You may not use our Website:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards contained within this Acceptable Use Policy from time to time;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other similar form of solicitation (spam);
• knowingly to introduce, transmit or upload any data or material which contain viruses, Trojan horses, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware, any other material or program that is malicious or technologically harmful or similar computer code designed adversely to affect the operation of any computer software or hardware; or
• to reproduce, duplicate, copy or re-sell any part of our Website if that would in any way give rise to a contravention of the Terms of Website Use.

You must not access without authority, interfere with, damage or disrupt:

• any part of our Website;
• any equipment or network on which our Website is stored;
• any software used in the provision of our Website; or
• any equipment or network or software owned or used by any third party.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our Website (“contributions”), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• be accurate (where they state facts);
• be genuinely held (where they state opinions); and
• comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• contain any sexually explicit material;
• promote violence;
• promote discrimination of any form, including based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case;
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
• be unlawful in any other manner.

SUSPENSION AND TERMINATION

We shall determine, in our discretion, whether there has been a breach of this Acceptable Use Policy or any other Policy through your use of our Website. When a breach of any Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Website Use upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

• the immediate and temporary or permanent withdrawal of your right to use our Website;
• the immediate and temporary or permanent removal of any posting or material uploaded by you to our Website;
• the issuing of a warning to you;
• the issuing of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• the taking of further legal action against you; or
• the disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude our liability to you for any actions taken in response to breaches of this Acceptable Use Policy. The responses described in this Policy are not limited, and we may take any other action we reasonably deem appropriate.