TERMS OF USE

Kurk Functional Foods Ltd

It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete.

IMPORTANT! THESE TERMS OF SERVICE (TOS), also referred to as Terms of Use and used interchangeably, GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY, Kurk Functional Foods Ltd (also referred to in this document as 'we' 'us' 'our' 'our company', 'company').

BY ACCESSING THIS SITE, YOU AGREE TO ABIDE BY THE TERMS OF USE AND YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Contact Details

Kurk Functional Foods Ltd

Company Number: 13782707

Company Address: Kurk Functional Foods Ltd, 71-75 Shelton St, London, WC2H 9JQ

Email Address: talk@kurk.life

Corporate Structure and Data Sharing

Kurk Functional Foods Ltd is a subsidiary of TruthCorp Holdings Limited (the "Parent Company"). References to "our Company," "we," "us," or "our" in these Terms of Use include both Kurk Functional Foods Ltd and TruthCorp Holdings Limited, as applicable.

Data Sharing Within Corporate Group

In accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, we process and share your personal data within our corporate group. By using this site and providing your information, you acknowledge the following:

(a) Your personal data may be shared with, accessed by, and transferred to TruthCorp Holdings Limited and its group companies for the following purposes, which we consider necessary for our legitimate interests in operating an efficient group business structure:

(i) fulfilling your orders and providing customer service;

(ii) internal business operations, administration, and record-keeping;

(iii) marketing and promotional activities (where you have provided consent to receive marketing communications);

(iv) product development and improvement;

(v) analytics and business intelligence;

(vi) compliance with legal and regulatory requirements; and

(vii) any other purpose disclosed in our Privacy Policy.

(b) Legal Basis for Processing: We rely on the following lawful bases under Article 6 of the UK GDPR for sharing your data within our corporate group:

(i) Performance of a contract with you (for order fulfilment and customer service);

(ii) Legitimate interests (for internal administration, analytics, and group operations, where such interests are not overridden by your rights); and

(iii) Your consent (for direct marketing communications, which you may withdraw at any time).

(c) International Transfers: Your personal data may be transferred to and stored in countries where TruthCorp Holdings Limited or its group companies operate. Where such transfers are made outside of the United Kingdom to countries not deemed to provide an adequate level of protection, we will ensure appropriate safeguards are in place, such as the UK International Data Transfer Agreement (IDTA) or UK Addendum to the EU Standard Contractual Clauses, to protect your personal data in accordance with UK GDPR requirements.

(d) Your Rights: Under the UK GDPR, you have the right to access, rectify, erase, restrict processing, object to processing, and request portability of your personal data. You may also withdraw consent at any time where processing is based on consent. To exercise these rights or for any data protection queries, please contact us at talk@kurk.life.

(e) Data Protection Officer: For any concerns regarding our data processing practices or to make a complaint, you may contact our data protection team at talk@kurk.life or lodge a complaint with the Information Commissioner's Office (ICO) at www.ico.org.uk.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our Company's express prior written consent. For example, you may not (and may not authorise any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorised representative of our Company. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorised co-branding, framing or hyperlinking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorised in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our Company's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyperlinks

This site may be hyperlinked to other sites which are not maintained by, or related to, our Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user's own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by our Company of that site.

Submissions

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Refund Policy

In the event of being unsatisfied with the quality of the product, please contact us by email within 60 days of receiving the product for a full refund. Import duties are non-refundable.

Product must be at least 50% full to receive a full refund as we want to analyse the batch for our research.

All of our products carry a 60-day customer satisfaction guarantee. If you are not satisfied, simply return the product for a full refund less any shipping charges. Your acceptance of the terms of purchase means you agree to and understand the refund policy.

If you are shipping an item over £75, you should consider using a trackable shipping service or purchasing shipping insurance. We don't guarantee that we will receive your returned item.

Payments

All products are priced in GBP (£). We accept payment via Shopify Payments & PayPal and don't receive your card data. We do not accept bank transfer.

Kurk Functional Foods Ltd reserves the right to select and modify acceptable payment methods.

Billing Information

You are not charged until we have dispatched the items in your order.

Kurk Functional Foods Ltd reserves the right to refuse or cancel any order or service at our discretion.

The customer agrees to ensure that all account information is up to date and relevant. Kurk Functional Foods Ltd is not liable for shipments delivered to an incorrect address where the address was entered by the customer.

Kurk Functional Foods Ltd is not responsible for delays or additional costs caused by inaccurate information.

In the event that the Customer's order or service is cancelled, limited or halted, Kurk Functional Foods Ltd will endeavour within reasonable limits to contact the customer to explain the situation.

Conditions of Use

Products sold by Kurk Functional Foods Ltd may cause sedation or stimulation. Do not drive or operate dangerous machinery if you feel tired after taking these products.

Do not exceed the recommended dosage.

Products sold by Kurk Functional Foods Ltd may conflict with your prescription medications. Kurk Functional Foods Ltd does not recommend combining our products with prescription medications until you are sure there will be no conflict. Kurk Functional Foods Ltd cannot be held accountable should a medication conflict occur. Always consult your doctor before taking any new product.

The recommended dosage refers to adults only.

Security

Kurk Functional Foods Ltd uses SSL (Secure Sockets Layer) on the checkout pages – this is to protect your personal details, including your physical address and email address.

Products and Services

Kurk Functional Foods Ltd reserves the right to modify or discontinue any product at any given time without any liability to the customer, or any third party.

Kurk Functional Foods Ltd cannot be held accountable for any variation in the colour, smell or flavour of our products. Kurk Functional Foods Ltd is a naturally occurring product and is therefore subject to natural variations.

Kurk Functional Foods Ltd reserve the right, but are not obligated, to restrict sales to any individual, third party, jurisdictional region, or geographic region at our discretion.

Pricing

All prices found on the www.kurk.life website (Kurk Functional Foods Ltd) are inclusive of VAT and all prices are final.

Any additional costs included will be clearly stated.

All prices and information present on the Kurk Functional Foods Ltd website, and any literature derived from it, has been compiled with the greatest of care. However, Kurk Functional Foods Ltd does not guarantee all information is accurate or current.

No information supplied by Kurk Functional Foods Ltd should be taken as advice or medical knowledge, it is for general purpose only. Any decision made based solely on the information on this website is done at your own risk. Further, our products are not sold to cure or assist any medical condition.

Kurk Functional Foods Ltd reserves the right to modify prices without a period of notice.

Microsoft Clarity

We improve our products and advertising by using Microsoft Clarity to see how you use our website. By using our site, you agree that we and Microsoft can collect and use this data. Our privacy statement at https://kurk.life/policies/privacy-policy has more details.

Disclaimer

THE MATERIALS AND CONTENT ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KURK FUNCTIONAL FOODS LTD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KURK FUNCTIONAL FOODS LTD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KURK FUNCTIONAL FOODS LTD OR TRUTHCORP HOLDINGS LIMITED BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF KURK FUNCTIONAL FOODS LTD OR ITS AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales for any disputes arising out of or relating to these Terms of Use or your use of this site.

Severability

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect.

Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Kurk Functional Foods Ltd regarding your use of this site and supersede all prior agreements and understandings, whether written or oral, regarding the subject matter hereof.

KURK MOBILE MESSAGE PROGRAM

Terms and Conditions

Last updated: January 2025

The Kurk mobile message program (the "Program") is operated by Kurk Functional Foods Ltd ("Kurk", "we", or "us"). Your use of the Program constitutes your agreement to these terms and conditions ("Mobile Terms of Service") and Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms of Service at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

User Opt In

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrolment forms. By consenting to Kurk's SMS/text messaging Program, you agree to receive recurring SMS/text messages from and on behalf of Kurk through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialler, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialler"). Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kurk. Your participation in this program is completely voluntary.

User Opt Out

You may opt-out of the Program at any time. Reply the single keyword command STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) or click the unsubscribe link (where available) in any text message to opt out of the Program. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Kurk and its service providers will have no liability for failing to honor such requests.

For Program support or assistance, reply HELP or email talk@kurk.life.

Program Description

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Wellness supplements. Messages may include checkout reminders.

Cost and Frequency

Message and data rates may apply. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

Message frequency varies. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Our Disclaimer of Warranty

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.

Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. The wireless carriers supported by the Program are not liable for delayed or undelivered messages.

Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction.

Prohibited Content

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information; any sensitive or special category personal data; any personal data of people aged under 18 without parental consent; and any other content that is prohibited by applicable law.

Data Sharing

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy. We may share certain information with our service providers, including Klaviyo, and with TruthCorp Holdings Limited and its group companies as described in our Privacy Policy and the Corporate Structure and Data Sharing section of these Terms of Use.

Last Updated: January 2025