Terms and Conditions
Before using this site, registering for an account or placing an order with us please:
Read through these terms and conditions (the ‘Terms’) and in particular our cancellations, returns and refunds details and limitation of our liability.
For the avoidance of doubt, each time you access this Website (for whatever reason), you will be deemed to have accepted these Terms. We may revise our Terms at any time. You should therefore check this Website from time to time to review the current Terms to ensure that you are happy with them. Any changes are effective immediately upon posting to the Website.
These Terms are a contract between us, therefore you may wish to print a copy for future reference.
1. INFORMATION ABOUT US
FULL POWER CACA (“FULL POWER CACAO”, “we”, “us” or “our”) provides the services available on this website (“Website”).
2. ACCESS & COMMUNICATIONS
You will be able to access parts of the website without having to register any details with us. However, certain areas of this website may be accessible only if you are a registered user.
To be eligible to use this site or make any purchases with us and enter any legal contracts you must fit the eligibility criteria.
Our services are not available to:
• Minors under the age of 18 and
• Those who cannot enter into binding contracts.
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
4. DATA & GENERAL CONDITIONS
You understand that your data (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we make every effort to ensure all information is factual and up to date, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and we encourage you to do your own research.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
6. CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. Our prices are based on commodity prices of foods and exchange rates which change frequently in the marketplace.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
7. PRODUCTS & SERVICES
We have made every effort to display as accurately as possible the colours and images of our products that appear in our store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. The images used are for demonstrative purposes only and may deviate from the actual product.
The description and specification of products on FULL POWER CACAO were approximate at the time of writing and in accordance with the supplier’s guidelines. FULL POWER CACAO reserves the right to update product descriptions at any time.
FULL POWER CACAO offers a variety of products and it is your responsibility to decide whether or not our products are suitable for your dietary needs. Many of our products do contain allergens and it is your responsibility to check this.
FULL POWER CACAO is not responsible for any products melting in transit. There are factors outside of our control that can cause a product to melt and we cannot offer any compensation for this unfortunately.
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
8. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting you by e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We do not offer our products for resale.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
9. PERSONAL INFORMATION
If we suspect misuse of the website or a breach of security, we may suspend your account or simply ask that you change your password for security reasons.
10. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
When ordering from us, you agree to enter the contract as set out by these Terms and Conditions. For any reason, we reserve the right to withdraw our services at any time, where necessary decline your order. If we decide to decline your order, we will notify you via email. You can withdraw or cancel your order per the cancellation details stated in these Terms and Conditions.
We aim to provide the best possible service, but on occasions errors may occur. Any proposed delivery dates are estimates and are based on product availability and processing time. Once your order has been dispatched, the goods are now in your ownership and are therefore your responsibility. Once payment has been taken and goods are in your ownership, it is your responsibility to inspect goods received.
Payment can be made by any major credit or debit card or through an electronic payment account as indicated on the checkout page.
By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the checkout page.
Payment will be debited and cleared from your account before the dispatch of the goods or provision of the service to you.
You agree not to hold us responsible for banking charges incurred due to payments on your account.
We reserve the right to change the fees for any services at any time. We agree to notify you at least 30 days in advance of any change in fees.
13. ORDER ACKNOWLEDGEMENT
Following receipt of your order you will be sent an acknowledgement by email (assuming you provide a valid email address) detailing the price of the goods you have ordered and any associated delivery costs to be charged to you. You must review your order confirmation email to check all information is correct and notify us straight away before dispatch if any of the order details such as delivery address are incorrect.
14. DISPATCH & PAPER INVOICE
We usually dispatch your order within a working day of receiving it, often within hours of receiving your order depending on how busy we are. At key holiday times such as Christmas orders may not be dispatched within the same timelines but a notice will be clearly posted on the Website to note this.
All orders are also dispatched with paper invoices, these should be kept as proof of purchase. We do not send dispatch invoices electronically.
We ship to non-remote UK addresses for £4, sent on our 2-3 working day Royal Mail service.
We also offer a 1-2 working day expedited courier service for £9.
Working days are Monday to Friday, not including bank holidays.
We cannot guarantee delivery dates as there can be delays in transit out of our control.
We currently use Royal Mail and DPD.
We ship to the UK and many EU countries (**currently held**).
UK orders are usually received within 2-3 working days of dispatch for our Royal Mail service and 1-2 days for our courier service. If your order is dispatched by Courier service a signature will be required on delivery.
European orders are usually received within 3-10 working days of dispatch (quite often sooner). We do not offer an expedited service for European orders. When you enter your European shipping address the delivery cost for up to 25 kilos will be shown at checkout. Orders over this amount will be subject to additional shipping costs. The same terms and conditions apply for European orders.
You should receive a confirmation of dispatch by email with a tracking number if a valid email address is provided when you order. The tracking will either be for Royal Mail or DPD (links here https://www.royalmail.com/track-your-item and https://www.dpdlocal.co.uk/ ). The tracking information for Courier shipped orders shows delivery updates.
Note that we will use the most cost efficient shipping service to UK addresses considered either offshore (including Northern Ireland, Jersey, Isle of Man or any other island), highlands & islands, and some other UK areas. This may be Courier or Royal Mail.
Please also note that the shipping service is automatically selected by our systems based on address, weight and other criteria and the service selected cannot be changed.
If necessary, we reserve the right to use alternative delivery methods without prior notification.
If in the rare event you have not received your order within 5 working days please check the tracking information and if unable to resolve with the Courier or Royal Mail please contact us immediately, it is the customer’s responsibility to report lost items to us within 7 days of notified dispatch. In the rare event where orders are not received within the expected timeframe, we need to follow the process with our courier service to locate and get your parcel to you which can take up to 5 working days.
Note that in some EU countries DPD will automatically send your order to a pickup shop for you to retrieve your order if you are not in to receive your order the first time they try to deliver. Please follow the tracking provided and contact us if you have not received your order.
Customers are obliged to comply with either Royal Mail’s/DPD claim compensation process and/or the FULL POWER CACAO process. Failure to comply with these processes will result in no refund being issued.
FULL POWER CACAO is not liable for any delay in the delivering of purchases, or the performance of the delivery service, however caused.
If you change address, you are responsible for updating your address details in your account. You can update your address details by logging in to your account. You will be liable for any orders posted to the wrong location if you have not updated your address.
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident
16. INSPECTION OF GOODS & DAMAGED ORDERS
If your order is damaged in any way in transit, on signing for the order you must note that the order received is damaged on signing. If all the order or any item in your order is damaged you must Contact Us within 48 hours of delivery so we can raise a claim with our delivery service and resolve for you as soon as possible. For our claim we require images of the damaged goods and outer packaging and you must not discard the goods until the matter has been resolved.
You must also inspect all the goods received on delivery to make sure you are happy with them. Any errors must be reported within 7 days. We require an image of the enclosed packing slip to resolve and we can only refund food products within 60 days if you find a problem with them. We do not take responsibility for how you may store and use them.
If you are not satisfied with a product, please do not open any further packs of the same product. When an opened item is returned to us, we will refund pro-rata.
17. CANCELLATIONS, RETURNS & REFUNDS
We are unable to amend orders after payment has been processed. If you wish to cancel your order, please contact us via our Contact Us Form including your order number as soon as possible and we can only do so if your order has not yet been processed.
If your order has not been dispatched we will cancel and refund you straight away. If you cancel your order after the goods have been shipped you must accept them and return them to us unopened and in good condition at your own cost so we can process your cancellation. If you refuse delivery we incur return costs and we must deduct this from any future cancellation refund.
18. LATE OR MISSING REFUNDS
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company; it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us via our Contact us page.
19. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
20. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
21. DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
22. LIMITATION OF LIABILITY
You agree that, to the fullest extent permitted by applicable law and save in respect of death or personal injury arising from our negligence, neither us nor any of our parents, affiliates, subsidiaries, directors, employees, shareholders, agents or other representatives shall be responsible or liable under any circumstances, for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages), or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with your use of this Website and its services.
As an online retailer our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the price of the goods contained in that order. All legally required retail information is per our detailed listings and product labels.
FULL POWER CACAO and its employees do not claim to be nutritionists or medical practitioners. It is not intended for the information presented on the website to be an authority for medical diagnoses or nutritional advice. For symptoms of illnesses, we recommend that you seek assistance from a professional medical practitioner. For specific information on diet we recommend you seek assistance from a qualified nutritionist.
FULL POWER CACAO does not accept any liability for any loss (direct or indirect) as a result of relying on information on the website, in respect of error or omission.
ALWAYS READ THE LABEL. If you suffer from known allergies, please read the product’s ingredients list prior to consumption. FULL POWER CACAO does not accept responsibility to any adverse reactions caused by consumption of any product.
24. MEDIA AND IMAGES
FULL POWER CACAO is the owner of all information on this website. You may not publish, distribute, extract, re-utilise, or reproduce without acknowledgement of FULL POWER CACAO as the publisher. You must include the top level URL of the FULL POWER CACAO website eg: http://www.fullpowercacao.com in acknowledgement of FULL POWER CACAO as the source.
All images, recipes, product descriptions and all other content on our website are copyright and the intellectual property of RealFoodSource, we invest heavily in these and own the rights, they are not to be replicated or used without our permission. Failure to comply with this will result in legal action taken.
We want to make your shopping experience as good as it can be.
Should you be unsatisfied with your products, or experience at FULL POWER CACAO please inform us via our Contact Us page
26. GOVERNING LAW
This Website and these Terms are governed by and construed in accordance with Scottish law. You hereby agree unequivocally that any disputes arising in connection with this Website or these Terms shall be subject to the exclusive jurisdiction of the Scottish courts without exception.
Terms & Conditions for FULL POWER CACAO BRAND AMBASSADORS
Please never promote any products “FOR FREE,” or take any ownership in the business in any way. Please never use the FULL POWER CACAO BRAND on anything other than the supplied content and mentions in social posts or stories, blogs, youtube or podcast episodes.
1. Services. Subject to the terms and conditions of this Contract, the Client hereby appoints Brand Ambassador as a non-exclusive brand ambassador to perform certain services in connection with the Client , including demonstration of consistent support and promotion of the Client ’s products (the “FULL POWER CACAO RANGE”) on various social media platforms: Twitter, Facebook, Instagram, Youtube, Podcasts and Snapchat (“Social Media Platforms”). The list of Social Media Platforms may be updated from time to time by the Client in its sole discretion, and the Client will provide Brand Ambassador with written notice of any such change. Brand Ambassador will post a minimum of two (2) content items on the Social Media Platforms each calendar month during the term of this Contract. The content items will contain a photograph of a Product and will contain the hashtag #FullPowerCacao.
2. Compensation. In consideration of the full performance of Brand Ambassador’s services as described herein, the Client shall compensate Brand Ambassador as set forth in the attached Exhibit A. Brand Ambassador understands and acknowledges that this is the sole compensation for the services described in this Contract and that no additional compensation will be granted. The compensation described in Exhibit A may be modified by the Client from time to time in its sole discretion, provided that any such modification will be on a go-forward basis from the effective date of any such change. the Client will provide Brand Ambassador with 30 days notice of any such change.
3. Relationship of the Parties. Brand Ambassador is an independent contractor. The relationship between the Client and Brand Ambassador shall not be construed to be that of employer and employee, nor to constitute a partnership, joint venture or agency of any kind. Brand Ambassador will not be considered an employee for purposes of any the Client employment policy or any employment benefit plan, and Brand Ambassador will not be entitled to any benefits under any such policy or benefit plan. Brand Ambassador is responsible for the payment of its own taxes and insurance. Nothing contained herein shall in any way restrict or otherwise be deemed to prohibit the Client from directly or indirectly, on its own or through third parties, from marketing, promoting, distributing or licensing any Products or other electronic devices or software to any other party, or from entering into a similar arrangement with any other party.
4. Trademarks, Ownership. Brand Ambassador acknowledges that the Products and any derivatives thereto are covered by patent, copyright, and other intellectual property rights owned
or licensed by the Client . Brand Ambassador may use the Client ’s trade names, trademarks and service marks as provided to Brand Ambassador from time to time (the “Marks”) in the Territory on a non-exclusive basis only during the term of this Contract and solely for display or advertising purposes in accordance with this Contract. Marks shall insure to the exclusive benefit of the Client . Brand Ambassador acquires no right to any such Marks.
Brand Ambassador further agrees:
(i) Brand Ambassador will follow the Mark guidelines of the Client ;
(ii) Brand Ambassador will not challenge the validity of the Client ’s Marks (whether currently in existence or additional Marks) at any time; and
(iii) Brand Ambassador will not attempt to register the Client ’s Marks in any jurisdiction.
No rights or licenses with respect to Product or the Marks are granted or deemed granted hereunder or in connection herewith, other than those rights expressly granted in this Contract and all such rights are hereby expressly reserved by the Client and its 2 licensors. Brand Ambassador acknowledges that all documentation, any inventions and ideas, written material or other property, tangible or intangible, arising out of or resulting from Brand Ambassador’s performance of the services provided hereunder, including without limitation all photographs, images, themes, materials, and designs developed, created and/or provided by Brand Ambassador (“Work”) is owned by the Client , for all purposes.
As to copyrights, Brand Ambassador agrees that all Work shall be deemed a “work made for hire” and that the Client shall be deemed the author of the Work for copyright purposes. In the event that any Work is deemed not to be a work made for hire, Brand Ambassador hereby assigns and transfers all right, title, ownership and interest therein, presently known or hereafter ascertained, including, but not limited to, all copyright rights therein, the right to secure the copyright (and all renewals, reissues and extensions thereof) throughout the world, without any restrictions as to use, to the Client . the Client may reproduce, modify, adapt, create derivative works from, distribute, display, license, assign, transfer and/or otherwise use the Work, and all elements and derivatives thereof, in whole or in part, in all media now known or hereafter developed (including without limitation in the Social Media Platforms, or any other social media website or applications), worldwide, in perpetuity, royalty-free and without restriction of any kind. Brand Ambassador acknowledges the ownership and validity of the Client ’s copyrights, brands, trademarks, trade dress and patent rights, whether or not created by or contributed to by Brand Ambassador.
5. Likeness. Brand Ambassador grants to the Client the worldwide, perpetual, royalty-free, irrevocable right and permission to photograph, film, videotape, and/or record Brand Ambassador and to display, reproduce, distribute, publish, exhibit and use in any other way Brand Ambassador’s name (including any aliases), likeness, image, photographs, voice, signature, actual and paraphrased statements, biographical information and any other information or attribute identifying or otherwise associated with Brand Ambassador (collectively, “Likeness”), in whole or in part, distorted, altered, modified and/or adapted in character and/or in form, alone and/or accompanied by other material, including any text, image and/or other creative elements that may be used in connection with the Likeness, for any purpose whatsoever, including without limitation for the purpose of publicity, advertising, promotion, and/or other marketing for the Client , the Work, and the Products in all media now known or hereafter developed (including without limitation in the Social Media Platforms and other social media websites or applications).
6. Representations, Warranties and Obligations. Brand Ambassador shall not make any warranties with respect to the Products to any third party. Brand Ambassador represents and warrants that:
(i) it will act in a timely manner with a high degree of professionalism and behave in a legal, ethical and business-like manner,
(ii) Brand Ambassador will present the Products in a truthful and sincere manner and will not engage in any activity or action that may damage the Client ’s reputation or the reputation of its Products,
(iii) Brand Ambassador’s Likeness and all Work provided hereunder are new and original to Brand Ambassador and do not infringe the intellectual property rights, privacy rights, or publicity rights of any third party;
(iv) Brand Ambassador has the full and unrestricted right and authority to enter into and perform this Contract and to grant the rights granted herein;
(vi) Brand Ambassador has no commitments or obligations inconsistent with this Contract;
(vii) the Work will not contain any disparaging, pornographic, defamatory and/or illegal material. Brand Ambassador agrees and understands that during the term of this Contract, Brand Ambassador shall not provide services to any competitor without prior written consent from the Client . Brand Ambassador will not promote the Products through unsolicited or spam emails.
7. Release and Indemnity. Brand Ambassador hereby irrevocably and unconditionally releases, discharges, indemnifies and holds harmless the Client , its registered trade names and affiliates, and the irrespective officers, directors, employees, agents, assignees, designees and licensees (together, the “the Client Parties”), from and against all actions, claims, demands, causes of action, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) of any kind whatsoever, in law or equity, whether known or unknown, foreseen or unforeseen, arising at any time out of and/or directly or indirectly relating to the use of the Work and/or Brand Ambassador’s Likeness and/or any breach or alleged breach of any of the terms of this Contract or breach of any warranty or representation hereunder.
8. Confidential information. During the term of this Contract, Brand Ambassador will regard any information provided to it by the Client as confidential (“Confidential Information”). Brand Ambassador will not disclose the Client ’s Confidential Information to any third party without the prior written consent of the Client , nor make use of any of the Client ’s Confidential Information except in its performance under this Contract. Information will not be deemed Confidential Information hereunder if such information is known prior to receipt from the Client without any obligation of confidentiality, or becomes publicly known or otherwise publicly available, except through a breach of this Contract. Each party accepts responsibility for the actions of its agents or employees and shall protect the other party’s Confidential Information in the same manner as it protects its own valuable confidential information, but in no event shall less than reasonable care be used. Brand Ambassador acknowledges that disclosure of any Confidential Information may give rise to irreparable injury to the Client , and the Client may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available.
9. Term and Termination. This Contract will last for one (1) year (the “Initial Term”), after which such Contract may be renewed for successive one year terms (each a “Renewal Term”) upon mutual Contract by the parties. The Initial Term and any Renewal Term(s) shall collectively be referred to as the “Term”. The Contract may be terminated only (i) upon 30 days written notice by either party, as a result of breach of the other party where such breach is not cured during the 30 day notice period; or (ii) upon 30 days written notice by the Client , for any reason or no reason. Notwithstanding anything else in this Contract to the contrary, the Parties agree that Sections 3-11 shall survive any termination or expiration of this Contract.
10. Waiver of Damages. In no event shall either party have any liability to the other party for any special, consequential, incidental, multiple, punitive or other indirect loss or damages, or for any loss of profits, business opportunity or goodwill, arising out of this contract. The Client ’s total, cumulative liability for any and all claims and damages under this Contract, whether arising by statute, contract, tort or otherwise, will not exceed the amounts paid hereunder during the twelve (12) month period immediately preceding the event giving rise to the claim.
11. Miscellaneous. This Contract supersedes and cancels any previous Contracts or understandings, whether oral, written or implied, heretofore in effect between the Parties and sets forth the entire Contract between the Parties. No modification or change may be made in this Contract except in writing as signed by each Party. This Contract shall be governed by and construed in accordance with the laws of the United Kingdom, excluding its conflict of laws provision and including the provisions of the Uniform Commercial Code as adopted thereby. Neither the 1980 United Nations Convention on Contracts for the International Sale of Goods nor the United Nations Convention on the Limitation Period in the International Sale of Goods will apply to this Contract or any transaction under it. This Contract may not be assigned by Brand Ambassador without written consent from the Client . This Contract shall be binding upon, and inure to the benefit of, the parties hereto and their respective legal representatives, successors and permitted assigns. The waiver by either Party of any right hereunder or the failure to enforce at any time any of the provisions of this Contract, or any rights with respect thereto, shall not be deemed to be a waiver of any other rights hereunder or of any breach or failure of performance of the 4 other Party. If, under applicable law or regulation, any provision of this Contract is invalid or unenforceable, or otherwise directly or indirectly affects the validity of any other material provision(s) of this Contract (such invalid or unenforceable provision, a “Severed Clause”), this Contract shall endure except for the Severed Clause.
5 EXHIBIT A
Products: the Brand Ambassador receives a discount of 20% off all FULL POWER CACAO products as well as 20% off all FULL POWER CACAO events such as Cacao Ceremonies.