Terms & Conditions

Section 1 - Introduction

Welcome to Viosmart Marketplace’s online Terms and Conditions of use.

We also have separate documents that cover our:

1.1 Who we are and how to contact us

www.viosmart.co.uk is a website (“Platform”) operated by Viosmart Marketplace Limited (“Viosmart”, “we“, “us” or “our“). We are a registered company in England & Wales under company number 12757135 and have our registered office at 167-169 Great Portland Street, London, W1W 5PF. We are a Viosmart Holdings Group Company.

To contact us, please email privacy@viosmart.co.uk or telephone us on 020 8187 6884.

1.2 By using our Platform you accept these terms

By using our Platform, you confirm that you accept these Terms and Conditions (“terms”) and that you agree to comply with them.

If you do not agree to these terms, you must not use our Platform.

These terms may change or be updated from time to time. It remains your responsibility to access and check these terms when you use our Platform. The latest version of these terms will govern any future usage by you of our Platform.

We recommend that you retain a copy of these terms for future reference.

1.3 There are other terms that may apply to you

These terms of use refer to the following additional policies, which also apply to your use of our Platform:

1.4 We may make changes to these terms

We amend these terms from time to time. It is your responsibility to check these terms to ensure you understand the rules that apply at that given time.

1.5 We may make changes to our Platform

We may update and change our Platform from time to time to reflect changes to our retailers, our users’ needs and our business priorities.

1.6 We may suspend or withdraw our Platform

Our Platform is made available free of charge.

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

1.7 We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

1.8 Our Platform is only for users in the UK

Our Platform is directed to people residing in the United Kingdom. We do not represent that content available on or through our Platform is appropriate for use or available in other locations.

1.9 You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly change your password in your account page or notify us at privacy@viosmart.co.uk if you require us to change your password or provide you with a new user identification code.

1.10 How you may use material on our Platform

We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

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

1.11 Do not rely on information on this Platform

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

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

1.12 We are not responsible for websites we link to

Where our Platform contains links to other websites and retailers, we have no control over the contents of those websites. The external websites are not under our control and we are not responsible for the content of any linked website.

By listing or linking to another website, we are not making any kind of endorsement and we accept no liability in respect of the content. We do not guarantee that links will work all of the time and cannot control the availability of the linked pages.

1.13 Our responsibility for loss or damage suffered by you

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.
We will not be liable to you 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, our Platform; or
• use of or reliance on any content displayed on our Platform.
In particular, we will 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.

If you are a consumer user:

Please note that we only provide our Platform for domestic and private use. You agree not to use our Platform 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.
The Viosmart service – including, but not limited to, our Platform, browser extensions and mobile applications – is provided ‘as is’, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
We do not warrant that the functions contained in the material contained in this Platform will be uninterrupted or error free, that defects will be corrected, or that this Platform or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.
In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the Viosmart service.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

1.14 How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

1.15 We are not responsible for viruses and you must not introduce them

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

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

You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. 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 our Platform will cease immediately.

1.16 Rules about linking to our Platform

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Platform in any website that is not owned by you.

Our Platform must not be framed on any other website, nor may you create a link to any part of our Platform other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Platform other than that set out above, please contact us at hello@viosmart.co.uk.

1.17 Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have 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.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

1.18 Our trade marks are registered

We and other companies in our group have UK registered trade marks. You are not permitted to use them without our approval. They may not be used in connection with any product or service that is not provided by us, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit these marks and specifically Viosmart.

Other trade marks, service marks or logos that appear on our services – including, but not limited to, those of our charity partners and retailers – are the property of their respective owners and are likely to be registered trade marks and subject to restrictions as to their use. They must not be used without the express permission of both us and the trade mark owner.

1.19 Copyright

All aspects of the Viosmart service are protected by copyright. All content is owned either by Viosmart, other companies in our group, our supported charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws.

Viosmart, in whole or in part, is for your personal use only. You may not copy content whether that is for commercial or non-commercial use. You should not attempt to alter it or remove any copyright, trade mark or other proprietary notice. No use of the Platform’s content is permitted without the express prior permission of Viosmart, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to us at privacy@viosmart.co.uk.

Section 2: Donations

Viosmart provides you with a way to help raise donations for charity.

Donations are raised by your shopping online with retailers listed on our Platform.

Viosmart works with the Viosmart Box For Good Foundation which then makes donations to charities. The Viosmart Box For Good Foundation has sole discretion as to which charities and nonprofits it provides grants or makes donations to in order to support the Foundation’s charitable objects and Viosmart’s mission. For transparency, the Foundation will publish details of the charities and nonprofits it supports and produce an annual auditor’s report to confirm that its objects and mission have been achieved.

For a donation to be made, you must visit the retailer via the Platform. A donation can be obtained whether you are logged into your account before visiting the retailer or you use the Viosmart services without an account.

2.1 How donations are generated

Viosmart works with retailers via affiliate marketing. The premise of affiliate marketing is that in return for sending them a customer who completes a purchase on the retailer’s website, the retailer pays us a commission.

The commission may be a percentage of the sale amount or a fixed amount.

The relationship between us and each retailer is usually facilitated by an affiliate network. Affiliate networks work with the retailers to provide the tracking and reporting technologies, and are responsible for the invoicing and collection of commissions owed.

2.2 Reporting and calculating donations

From the commission paid to us, we direct a percentage of all Viosmart revenues to the Viosmart Box For Good Foundation, who work with effective charities and nonprofits to transform lives around the world. As standard, 10% of the commission we receive is passed on as a donation.

2.3 Donation amounts and eligibility of donations

Typically, commission is not paid on VAT or delivery charges.

Some retailers may have different commission rates for different products, or may have different rates for new customers as opposed to existing customers. Whether a customer is ‘new’ or ‘existing’ is dependent on your relationship as a user with the retailer and is not affected by our involvement. Whilst commission is normally available on all products, in some cases a retailer may have exclusions.

Some rules are with regards to the purchase itself. A retailer may deem a purchase to be ineligible for commission for any of the below reasons. Further reasons may apply.

Fraud
Payment failure
Cancellation or return of the purchase (either fully or in part)

A retailer may have additional rules that are decided as part of their affiliate marketing strategy. It is standard practice that when a purchase is made on a retailer’s website, they will attribute the purchase to a single “source”.

Examples of these sources can include:

Other affiliate websites, including competitors of Viosmart, cashback services, voucher code services, price comparison services, product review websites, and blogs.
Other forms of internet advertising, including sponsored search engine results and banner advertisements.
The retailer’s own marketing activities, including emails, voucher codes and social media activity.

In the case where you access the retailer via multiple sources before the purchase is completed, the retailer will decide which source the purchase is attributed to.

It is recommended that you access the retailer’s website via Viosmart, at the earliest opportunity, before any items have been added to your basket, and without using any of the above sources at any stage.

Sometimes, these rules will be applied at the point of purchase, meaning that the purchase will not be reported to us if the rules are not met. At other times, the rules will be applied at a later date, after the purchase has been reported to us.

In some cases a retailer may only be able to report purchases that have happened on the desktop version of their website and not their mobile website.

Normally, commission is not eligible on purchases made through mobile apps (including apps owned and operated by the retailer). If you are using a mobile device then you should make the purchases through the web browser (e.g. Chrome or Safari).

In all cases, the decisions made by us, the retailer or the affiliate network are final.

2.4 Questions or disputes regarding purchases

If you have any queries about your purchase, you should contact the retailer directly and not us.

Whilst we list retailers in good faith, we cannot be held responsible for any negative or dissatisfactory experiences you may have with them, the products or services purchased, or with services linked with your purchase such as delivery or after-sales support.

2.5 Payment methods and timings

Payments can only be made to Viosmart Box For Good Foundation and charities once we have received the commission for a purchase in full. A retailer will typically first pay the commission to the relevant affiliate network, who will then pass the commission onto us. This process may take several months and we can make no guarantees regarding the length of time required.

Section 3: Competitions

The promoter of the competition is Viosmart Marketplace Limited.

Entry into the competition is deemed acceptance of these competition terms and conditions. Further competition terms or requirements may be set out in the promotional material.

We may amend these competition terms and conditions at any time.

3.1 Requirements of entry

Entries must be received within the specified opening and closing dates. Unless otherwise stated, competitions close at 11:59PM on the closing date. The date and time of entry is based on UK time and determined by when it is received and recorded on our database. We accept no responsibility for any late, lost, delayed or misdirected entries, regardless of cause or fault.

All required sections of the entry form must be completed for your entry to be valid. This may include personal information such as your name, email address, postal address and telephone number. Any contact details entered incorrectly shall invalidate the entry.

You may also be asked to sign up to Viosmart or perform some other action such as social media content sharing. You may also be required to answer a question in order to enter the competition – if so, illegible, incomprehensible and incomplete entries will be deemed invalid.

For some competitions, you will be asked to activate your entry by shopping through Viosmart and spending a stated minimum amount or raising a stated minimum amount. Purchases which do not provide a commission or are declined by the retailer will not contribute to this amount.

Purchases must be made by the specified date (if not specified then this is the same as the closing date) and they must be reported to us by the retailer before the winner is drawn.

Please check the promotional material for any further requirements of entry.

Online entry is free, however internet connection rates apply. The cost of accessing our Platform will be dependent on your Internet Service Provider.

3.2 Restrictions of entry

One entry per person only is permitted, unless specified otherwise.

Entry is only open to permanent residents of the UK who are aged 18 years or over.

Employees of Viosmart and other companies in our group and their immediate families are not eligible to enter.

We reserve the right to verify the validity of entries and to disqualify any entry which, in our opinion, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these competition terms and conditions or who has, in our opinion, engaged in conduct in entering the competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the competition and/or Viosmart. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses or PO Box addresses. We reserve the right to disqualify a winner if we become aware that the winner and/or the winner’s entry is of a type described in this provision.

3.3 The prize and winners

The prize(s) is as stipulated in the promotional materials. Prizes are not transferable or exchangeable. No cash alternatives will be offered. If, due to circumstances beyond our control, we are unable to provide the stated prize, we reserve the right to award an alternative prize of equal or greater value.

The winner is selected at random from a list of all valid entries. We will make all reasonable effort to contact the winner. If a response is not received in a timely manner (which is at our discretion), the prize is forfeited and a new winner will be selected at random from the remaining valid entries.

In order to ascertain eligibility and supply/deliver the prize, we may require information such as your residential address, contact phone number, and age/date of birth.

We reserve the right to request proof of identity and age, proof of residency at the nominated prize delivery address and/or proof of entry validity (if required). Suitability of any proof provided is at our discretion. In the event that a winner cannot provide suitable proof, the prize shall be forfeited in whole and no substitute will be offered.

Information submitted by the competition winner may be passed onto the retailer(s) providing the prize in order to supply/deliver the prize.

We will make all reasonable effort to deliver prizes to the addresses provided, but we cannot take any responsibility for parcels which are lost or stolen. We cannot guarantee that any prizes returned to us due to non-delivery at the provided address will be re-sent.

The winner’s name may be announced publicly through our social media accounts (including Facebook and Twitter), our blog, our Platform and in any publicity relating to the competition. This will be stipulated in the promotional materials.

3.4 Consent to data sharing

On the entry form, you may choose to have your details shared with specified third parties, such as the retailers involved in the competition. This will give them permission to contact you. You should refer to their own privacy policies as listed on their websites.

You will also have the option to opt into receiving promotional emails from us about Viosmart and any other products/services we offer. All of our promotional emails contain an unsubscribe link, and if you have signed up to Viosmart then you can opt out of communications via your account.

For more information about how we store, use and share data, please see our Privacy Policy.

All entries and any copyright subsisting in the entries become and remain our property and we may publish any of the entries received.

4.0 Further terms and conditions

4.1 Privacy policy

Our Privacy Policy explains how we handle your account information and the steps we take to ensure your privacy.

4.2 Changes to the service

Viosmart will make every effort to ensure that its services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these terms.

4.3 Indemnification

You agree to indemnify Viosmart against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with the use of this Platform. We take reasonable care and skill to ensure that the data provided on this Platform is accurate and up to date. However, we give no warranty or undertaking of the accuracy or completeness of any information on the Platform and do not accept liability for any errors or omissions, neither do we accept any liability for any resulting damage or loss howsoever arising.

4.4 Unauthorised use of our Platform

If it is found that the Viosmart service is being interfered with in any way including modification of URLs, posting unauthorised URLs on public media, pages being spidered, automatic scripts or anything deemed by us to be abnormal or improper use then we reserve the right to terminate your use.

To protect our retailers, any abuse of an offer may lead to transactions being revoked. Any transactions deemed to be of a suspicious nature may require verification by us and/or the retailers involved, and further information on your transactions may be requested from you.

For this reason, we may pass on any details which you have provided in communications with the retailer and its agencies. Usernames should not be offensive nor used in any way which may represent any trade marks or brand names, be it owned by Viosmart or other entities. Where this is the case then you will be required to update this to a suitable name.

4.5 Termination

You may discontinue use of Viosmart at any time. These terms will continue to apply to past use by you.

4.6 Miscellaneous

Our failure to enforce your strict performance of any provision of these terms will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.

4.7 Third party rights

A person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act 1999 or the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of this agreement.

These Terms and Conditions were last updated on 29 January 2024.