Terms of Service

Effective date: [INSERT DATE]

OVERVIEW

Welcome to Broccoli Mum! The terms "we", "us" and "our" refer to Ami-James Deane, trading as Broccoli Mum. Broccoli Mum operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with digital recipe e-books, meal plans, online courses and related content designed to support a whole-food, plant-based lifestyle (the "Services"). Broccoli Mum is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the digital products we offer, you may be asked to provide certain information, such as your email address and billing and payment information. Because our products are delivered digitally, it is essential that the email address you provide is correct, current and complete, as this is how you will receive access to your purchases. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

Broccoli Mum offers digital products, including recipe e-books, meal plans and online courses. All of our products are delivered electronically. Nothing physical will be shipped to you.

We have made every effort to provide an accurate representation of our products in our online store, including descriptions of recipes, page counts and photography. However, product appearance may differ slightly from how it appears on your screen due to the type of device you use and your device settings and configuration. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

System requirements. Our e-books are provided in PDF format and our courses are accessed through the website. You are responsible for ensuring you have a compatible device, software and internet connection to access and use the products.

SECTION 3 - HEALTH AND NUTRITION DISCLAIMER

The content we provide, including recipes, meal plans, courses, emails and any information about food, nutrition, weight loss or wellbeing, is for general informational and educational purposes only. It reflects the personal experience and opinions of the founder of Broccoli Mum and is not medical, nutritional or health advice.

We are not doctors, dietitians or licensed healthcare professionals. Nothing in the Services is intended to diagnose, treat, cure or prevent any disease or health condition, and it is not a substitute for professional medical advice. You should consult a qualified healthcare professional before making any significant changes to your diet or lifestyle, particularly if you are pregnant, breastfeeding, taking medication, or have any existing medical condition, allergy or intolerance.

Individual results vary. Any references to weight loss or other outcomes describe personal experiences and are not a guarantee that you will achieve similar results. You are responsible for checking ingredients in any recipe against your own allergies, intolerances and dietary requirements. Your use of the Services and reliance on any content is solely at your own risk.

SECTION 4 - ORDERS

When you place an order, you are making an offer to purchase. Broccoli Mum reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Broccoli Mum confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting. Because our products are digital and access is provided immediately or shortly after purchase, we may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address and/or billing details provided at the time the order was made.

Your purchases are subject to refund solely in accordance with our Refund Policy. By completing a purchase of digital content, you consent to immediate delivery of that content and acknowledge that, to the extent permitted by law (including the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), you waive any statutory right to cancel once the digital content has been made available to you.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, redistribution or export.

SECTION 5 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include applicable taxes, which may be added at checkout depending on your location.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment 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 payment details, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

SECTION 6 - DIGITAL DELIVERY AND ACCESS

Upon acceptance of your order and successful payment, your digital products will be made available to you by download link and/or email, or through your account on our website. Delivery is normally immediate but may occasionally take longer due to technical issues.

If you do not receive access to a purchased product, please first check your spam or junk folder, then contact us at customerservices@broccolimum.com and we will resolve the issue promptly.

We are not responsible for a failure of delivery caused by an incorrect email address supplied by you, your email provider's filtering, or restrictions on your device. We may use third-party platforms to deliver and host digital content, and access may occasionally be interrupted for maintenance or reasons outside our control.

SECTION 7 - LICENSE AND PERMITTED USE OF DIGITAL PRODUCTS

When you purchase a digital product from us, you are purchasing a limited, personal, non-exclusive, non-transferable, revocable license to access and use that product for your own personal, non-commercial use. You do not acquire ownership of the product or any intellectual property rights in it.

You may download, store and print our e-books for your personal use, and prepare the recipes for yourself and your household.

You may not: (a) share, forward, publish, upload, sell, rent, sub-license or otherwise distribute any digital product, in whole or in part, to any other person; (b) reproduce recipes, text, photography or other content from our products in any publication, website, app or social media in a manner that substitutes for purchasing the product; (c) modify or create derivative works of any product; or (d) remove any copyright or proprietary notices.

We reserve the right to revoke access to digital products, without refund, where we reasonably believe this license has been breached.

SECTION 8 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, recipes, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Broccoli Mum, its affiliates or licensors and are protected by copyright and other intellectual property laws in the United Kingdom, the United States and elsewhere.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, except as expressly permitted under Section 7.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Broccoli Mum, Shopify or any third party. Unauthorized use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Broccoli Mum.

Broccoli Mum's names, logos, product and service names, designs, and slogans are trademarks of Broccoli Mum or its affiliates or licensors. You must not use such trademarks without the prior written permission of Broccoli Mum. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 9 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 11 - RELATIONSHIP WITH SHOPIFY

Broccoli Mum is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Broccoli Mum. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Broccoli Mum, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Broccoli Mum.

SECTION 12 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 13 - FEEDBACK AND REVIEWS

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, testimonials, photos of your cooking, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.

We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, recipes, nutritional information, pricing, promotions, offers, 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 is inaccurate at any time without prior notice (including after you have submitted your order).

Nutritional information provided with recipes is calculated in good faith using standard reference data and is approximate only. Actual values will vary depending on ingredients, brands and portion sizes used.

SECTION 15 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Broccoli Mum, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services, including our digital products; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account or access to purchased digital content at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 16 - AGENTS

16.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

16.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 16.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

16.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

16.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 17 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following any termination: Health and Nutrition Disclaimer, Intellectual Property, License and Permitted Use of Digital Products, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 18 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services, including recipes, meal plans and nutrition-related content, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY BROCCOLI MUM, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT YOU WILL ACHIEVE ANY PARTICULAR HEALTH, WEIGHT OR LIFESTYLE OUTCOME.

NOTHING IN THESE TERMS AFFECTS ANY STATUTORY RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING YOUR RIGHTS AS A CONSUMER UNDER THE CONSUMER RIGHTS ACT 2015 (UK) OR EQUIVALENT LEGISLATION IN YOUR JURISDICTION. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 19 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL BROCCOLI MUM, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, INCLUDING YOUR PREPARATION OR CONSUMPTION OF ANY RECIPE OR YOUR RELIANCE ON ANY NUTRITION OR LIFESTYLE INFORMATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 20 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Broccoli Mum, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 21 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 24 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales. You and Broccoli Mum consent to the non-exclusive jurisdiction of the courts of England and Wales, provided that if you are a consumer resident elsewhere, you may also benefit from any mandatory consumer protection provisions of the law of the country in which you reside.

SECTION 25 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 26 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 27 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@broccolimum.com. Our contact information is posted below:

Ami-James Deane, trading as Broccoli Mum admin@broccolimum.com 35 Dene Avenue, Gateshead, NE39 1DY, United Kingdom [INSERT BUSINESS PHONE NUMBER, IF APPLICABLE] [INSERT VAT NUMBER, IF VAT REGISTERED]