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NU MENU WEB APPLICATION (WEB APP) TERMS AND CONDITIONS

 

PLEASE READ THIS CAREFULLY BEFORE USING THIS WEB APP OR WEBSITE.

 

  1. Parties

This end-user licence agreement (the "Agreement") is a legal agreement between you ("You" or and Kaur Ltd, a company registered in England and Wales with company registration number 13960042 whose registered office is at 4 Brackley Close, Bournemouth International Airport, Christchurch, BH23 6SE, United Kingdom (referred to in this this Agreement as "Us", "We", or "Our").

 

  1. Definitions

In this Agreement the following definitions apply:

 

Device: the device that You use to access Our Site, including but not limited to tablet, notebook, netbook, laptop, mobile phone, smartphone, pda, tablet, or any other device that is capable of accessing Our Site whether or not You actually own the device.

 

Web application (Web app): means Our website as accessed by You with Your Device.

 

Order: Your order for Products from the Outlet as placed through the Web app

 

Outlet: The outlet specified in the Web app as the provider of the Products.

 

Products: Those products offered by the Outlet for Your purchase through the Web app

 

Services: The services that We provide to You from time to time through Our Site on the terms and conditions of this Agreement, to display content provided by the Outlet and placing orders

 

Site: Our website, Web app and or other software through which You may order Products from the Outlet including but not limited to Our website https://www.numenu.co.uk/ and all references include any current or future version of Our website or Web app or other software through which You access Our Services, in each case whether accessed through any current or future platform or Device.

 

  1. Status of Agreement

This Agreement sets out the terms and conditions on which We provide Our Services to You using Your Device to access Our Site. Please read this Agreement carefully before placing Your Order as Your purchase is subject to this Agreement.

 

By clicking on the "Accept”, “Continue” or “Get Started” button below You agree to the terms of this Agreement which will bind You. If You do not agree to the terms of this Agreement You must exit the browser and You will not be able to access Our Services.

 

You accept responsibility in accordance with the terms of this Agreement for the use of the Site or any Service whether or not You own the Device You are using.

 

We reserve the right to change this Agreement from time to time.

 

We advise You to print or store a copy of this Agreement for future reference.

 

By ordering Products via the Site (whether now or in the future), You agree to be bound by this Agreement including any changes to it in effect at the time of Your Order.

 

We licence use of Our Site on the basis of this Agreement.

From time to time We will update the Web app. Depending on the update, You may not be able to use the Web app or the Services until You have accepted any new terms.

 

We remain the owners of the Site at all times.

The terms of Our privacy policy (Our "Privacy Policy") are incorporated into this Agreement and are reproduced below.

 

By using Our Site and or the Web app You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

By using Our Site and or the Web app or any of the Services, You consent to Us collecting and using technical information about Your Device and related software.

Certain Services will make use of location data sent from Your Device. If You use the Services, we will use this data in accordance with our Privacy Notice to provide the Services.

 

You are responsible for making all arrangements necessary for You to have access to Our Site.

 

You are also responsible for ensuring that all persons who access the Site through Your Device are aware of this Agreement and that they comply with them as You will be responsible for their actions.

 

The Site, the Web app or any Service may contain links to other independent third-party websites ("Third Party Sites"). Third Party Sites are not under Our control, and We are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make Your own independent judgement regarding Your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them. For the avoidance of doubt, we are not responsible for inaccurate or incorrect information about Products sold by Third Party Sites via the Web app or Our Site.

 

If you require further information (including any dietary or allergen information not shown) or advice about any Product or service available on the Web app or on our Site please contact the relevant Outlet for more information.

 

  1. Grant and scope of licence

In consideration of You agreeing to abide by the terms of this Agreement We grant You a non-transferable, non-exclusive, non-sub licensable licence to use the Web app on the Device, subject to these terms and the Privacy Policy, incorporated into this Agreement by reference. We reserve all other rights.

 

  1. Site Access

We aim to ensure that the Site and or the Web app is available at all times but We do not undertake any obligation to do so or warrant that it will be. We will not be liable to You if the Site is unavailable at any time or for any period.

We may temporarily suspend Your access to the Site and or the Web app at any time and without notice.

 

  1. Restrictions

Except as expressly set out in this Agreement or as permitted by any local law, You agree

not to copy the Site and or the Web app in whole or in part except where such copying is incidental to normal use of the Site and or the Web app or where it is necessary for the purpose of back-up or operational security and then to the minimum extent and for the minimum period necessary;

 

Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Site or the Web app.

 

Not to make alterations to, or modifications of, the whole or any part of the Site or the Web app, or permit the Site or the Web app or any part of it to be combined with, or become incorporated in, any other programs;

 

Not to provide or otherwise make available the Site and or the Web app in whole or in part (including object and source code), in any form to any person without Our prior written consent;

not use the Site and or the Web app or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site and or the Web app, any Service or any operating system;

 

To comply with all technology control or export laws and regulations that apply to the technology used or supported by the Site and or the Web app or any Service;

 

Not to infringe Our intellectual property rights or those of any third party in relation to Your use of the Site and or the Web app or any Service;

 

Not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Site and or the Web app or any Service;

 

Not to use the Site and or the Web app or any Service in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users or any other person;

 

Not to collect or harvest any information or data from any Service or Our systems or attempt to decipher any transmissions to or from the servers running any Service; and

 

Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Site and or the Web app or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Site with another software program, and provided that the information obtained by You during such activities:

is used only for the purpose of achieving inter-operability of the Site and or the Web app with another software program;

is not unnecessarily disclosed or communicated without Our prior written consent to any third party; and

is not used to create any software that is substantially similar to the Web app;

 

  1. Your Status

By placing an Order through the Web app, You warrant that:

You are legally capable of entering into binding contracts; and

You have the means to pay for Your Order; and

You are at least 18 years old.

You acknowledge and agree that:

It is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;

Orders containing alcohol can therefore not be accepted from or on behalf of persons under the age of 18.

 

  1. Your Order

Once You have selected the Products You wish to order from the Outlet and provided the other required information, You will be given the opportunity to submit Your Order by clicking or selecting the "Place my order" , “Order” , “Submit my order” button.

Once You have submitted Your Order You will not be entitled to change or cancel it.

Where any payment You make is not authorised, Your Order will not be processed or communicated to the relevant Outlet.

Where any payment you make is authorised, We will send Your Order to the relevant Outlet and will notify You that Your Order has been received and is being processed.

Such notification merely indicates that Your Order has been received and is being processed, and does not necessarily mean that the Outlet has accepted Your Order.

 

The Outlet is free to accept, reject or modify Your Order as it sees fit.

We will notify You (via, email or telephone) as soon as reasonably possible if an Outlet rejects or Modifies Your Order.

In the event that an Outlet rejects or Modifies Your Order neither the Outlet or We are required to inform You of the reason.

 

  1. Status of Your Order

Your legal contract for the supply and purchase of Products is between You and the Outlet.

We have no control over the actions or omissions of any Outlet.

Accordingly, We do not give any undertaking or warranty about the Products ordered from any Outlet or their description and We disclaim any such warranties to the maximum extent permitted by law.

 

  1. Price and Payment

Product prices will be as quoted on the Site to include VAT and unless stated otherwise exclude service charges or gratuities which You may add at Your discretion.

On occasion, it is possible that the Site may contain an incorrect Product price. If the correct price is higher than that stated on the Site, We will normally contact You before the relevant Order is fulfilled. In such an event, neither We nor the relevant Outlet is under any obligation to ensure that the Order is provided to You at the incorrect lower price or to compensate You in respect of incorrect pricing. If We do not contact You in this way then this does not prevent Us from contacting You after Your Order has been processed and in any event You shall remain liable for the correct Price of the relevant Product.

Payment for Orders must be made directly to the Outlet at the point of delivery to You or charged to your room.

If You pay by credit or debit card, You may be required to show the card to the Outlet.

 

  1. Intellectual property rights

You acknowledge that all intellectual property rights in the Site and the Web app anywhere in the world belong to Us or Our licensors, that rights in the Site and Web app are licensed (not sold) to You, and that You have no rights in, or to, the Site and the Web app other than the right to use the Site and the Web app in accordance with the terms of this Agreement.

You acknowledge that You have no right to have access to the Web app in source-code form.

 

  1. Limitation of liability

You acknowledge that the Site and or the Web app has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the Site and or the Web app meet Your requirements.

We only supply the Web app for domestic and private use. You agree not to use the Web app for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Although We try to ensure that information on the Site and the Web app is correct, We do not promise it is accurate or complete or up to date.

Where an Outlet has provided Us with allergy, dietary and other Product information We try to accurately reproduce this on the Site and the Web app. It is the responsibility of the Outlet to provide this to Us, and if You require any further information You should contact the Outlet directly before placing Your Order. Consequently we exclude all liability for any errors or omissions in such information.

Our maximum aggregate liability under or in connection with this Agreement (including Your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the price actually paid by You for the Services on the occasion You suffered a loss. This does not apply to the types of loss set out in condition f) below.

Nothing in this Agreement shall limit or exclude Our liability for: death or personal injury; fraud or fraudulent misrepresentation; and any other liability that cannot be excluded or limited by English law.

 

  1. Termination

We may terminate this Agreement immediately by written notice to You without specifying a reason.

On termination for any reason:

all rights granted to You under this Agreement shall cease;

You must immediately cease all activities authorised by this Agreement, including Your use of any Services;

You must immediately delete or remove the Site and the Web app from all Devices, and immediately destroy all copies of the Site and the Web app in Your possession, custody or control and, if We request, certify to Us that You have done so;

 

  1. Communication between Us

If You wish to contact Us in writing, or if any condition in this Agreement requires You to give Us written notice, You can send this to Us by e-mail to help@numenu.co.uk or by prepaid post to Office Address: 4 Brackley Close, Bournemouth International Airport, Christchurch, BH23 6SE, United Kingdom. We will confirm receipt of this by contacting You in writing, normally by e-mail.

 

  1. Events outside Our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Agreement that is caused by any act or event beyond Our reasonable control, including but not limited to failure of public or private telecommunications networks, public utility providers, or the internet (an "Event Outside Our Control").

If an Event Outside Our Control takes place that affects the performance of Our obligations under this Agreement:

Our obligations under this Agreement will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; and

We will use Our reasonable endeavours to find a solution by which Our obligations under this Agreement may be performed despite the Event Outside Our Control.

 

  1. Other important terms

We may transfer Our rights and obligations under this Agreement to another organisation, but this will not affect Your rights or Our obligations under this Agreement.

You may only transfer Your rights or obligations under this Agreement to another person if We agree in writing.

If We fail to insist that You perform any of Your obligations under this Agreement, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

This agreement and the documents and policies referred to in it constitute the whole agreement and understanding between You and Us and supersede and replace any previous arrangement, understanding or agreement between You and Us relating to its subject matter.

This Agreement, its subject matter and its formation, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute relating to this Agreement including its formation.

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