Delicatezza's User Conditions

Last updated: May 2018

1. Introduction

Please read these User Conditions before using this Website which is operated by Delectance Ltd., a company incorporated in England & Wales, with company number 8611013, trading as delicatezza and whose registered office is at 7 Tileyard Road, London, N7 9AH. Delectance Ltd. is registered for VAT purposes with number 169541382.

Should you access Our Site, the User Conditions sets out the terms between you and Delectance Ltd. trading as delicatezza and under which you may access and make use of Our Site. The User Conditions apply to all users of, and visitors to Our Site.

We operate this site for the purpose of promoting and selling the products and services described on Our Site. By using this Website, you signify your acceptance and willingness to comply with these User Conditions in return for which we will provide you with access.

Delectance Ltd. trading as delicatezza has registered its food premises with Islington Council in London.

If you do not agree to these User Conditions, you must not use Our Site.

2. Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of Our Site:

Our Privacy Policy explains how we collect, share, and use your personal information. You’ll also find information about how you can exercise your privacy rights. By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.

If you purchase goods from Our Site, our Terms and Conditions will apply to the sales.

3. Changes to these Terms and Our Site

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may update Our Site from time to time, and may change the content at any time. However, please note that any of the content on Our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that Our Site, or any content on it, will be free from errors or omissions.

4. Accessing Our Site

Our Site is made available free of charge. We do not guarantee that Our Site or any content on it will always be available or be uninterrupted. Access to Our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our Site without notice. We will not be liable to you if for any reason Our Site is unavailable at any time or for any period.

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 Our Site through your internet connection are aware of these User Conditions and other applicable terms and conditions, and that they comply with them.

5. Your Account and Password

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

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these User Conditions.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us using our Contact Form or call us on 020 7607 5556.

6. Copyright and Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights (including, but not limited to, this Website and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together "Content"). The Content is protected by global copyright laws. All such rights are reserved.

Anyone accessing this Website is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for direct commercial gain. Furthermore, any links to this Website must be notified to and approved by us before they are created or steps are taken to create the same.

You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal use and you may draw the attention of others within your organisation to content posted on Our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged.

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

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

We hereby assert and reserve all our copyright, design right, moral rights, the moral rights of our employees, community design rights and all other rights in law of whatever type anywhere in the world to protect our intellectual property, goodwill and reputation.

7. No Reliance on Information

The content on Our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Site.

8. No Warranty

This Website and its content are provided "as is" excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the Our Site and make no warranty that the Website will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that Our Site is compatible with your computer equipment or that Our Site or its server is free of errors, viruses, worms or Trojan Horses and we shall not be liable for any damage you may suffer as a result of such destructive features.

9. Limitation of Liability

Nothing in these User Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

You acknowledge that your use of Our Site and its content is at your own risk. We shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise in connection with:

Use of, or inability to use, Our Site; or
Use of or reliance on any content displayed on Our Site.

If you are a business user, please note that in particular, we will not be liable for:

Loss of profits, sales, business, or revenue;
Business interruption;
Loss of anticipated savings;
Loss of business opportunity, goodwill or reputation; or
Any indirect or consequential loss or damage.

If you are not a business user and wish to use Our Site to purchase goods as an individual, please note that we only provide Our Site for domestic and private use. You agree not to use Our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on Our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions.

10. Uploading Content to Our Site

Whenever you make use of a feature that allows you to upload content to Our Site, or to make contact with other users of Our Site, you must comply with the content standards set out in these User Conditions.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to Our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of Our Site.

We have the right to remove any posting you make on Our Site if, in our opinion, your post does not comply with the content standards set out in these User Conditions.

The views expressed by other users on Our Site do not represent our views or values.

11. Viruses

We do not guarantee that Our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access Our Site. You should use your own virus protection software.

You must not misuse Our Site by knowingly introducing viruses, Trojan Horses, worms, logic bombs or other material which 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 co-operate 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.

12. Linking to Our Site

You may link to our home page on Our Site, provided you do so in a way that is fair and legal and does not either damage our take advantage of Our Site.

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

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

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

We reserve the right to withdraw linking permission without notice.

The Website in which you are linking must comply in all respects with the content standards set out in these User Conditions.

If you wish to make any use of content on Our Site other than that set out above, please contact us using our Contact Form.

13. Links to Other Websites

Our Site may contain links to other websites. Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and have not reviewed their content in full. We do not endorse or confirm the contents of any such website and accept no liability or responsibility for the contents or the use of such website. Please read the privacy statements upon entry to a linked website, as a matter of practice.

14. Local Laws and Regulations

This Website is not directed at persons in a jurisdiction where for any reason Our Site’s publication or availability is prohibited and any person for whom such a prohibition applies must not access Our Site. Those who access Our Site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.

15. Prohibited Uses

You may use Our Site only for lawful purposes. You may not use Our Site:

In any way that breaches any applicable local, national or international law or regulations.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To copy, download or frame any part of Our Site.
For the purpose of unauthorised covert or overt linking of any part of Our Site with another or interception of visitors or potential visitors.
To undertake any action which is intended or has the effect of deceiving or misleading us or third parties, whether for gain or otherwise.

You also agree:

Not to reproduce, duplicate copy or re-sell any part of Our Site in contravention of the provisions of our terms of User Conditions, including confidential information or data (being information of a confidential nature the misuse of which will lead to foreseeable damage of our business reputation or goodwill).
Not to access without authority, interfere with, damage or disrupt:

any part of Our Site;
any equipment or network on which Our Site is stored;
any software used in the provision of Our Site; or
any equipment or network or software owned or used by any third party underlying codes.

16. Suspension and Termination

We will determine, in our discretion, whether there has been a breach of these User Conditions through your use of Our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with these User Conditions constitutes a material breach of these User Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use Our Site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these User Conditions. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

17. Governing Law and Jurisdiction

These User Conditions are governed by English law and are subject to the exclusive jurisdiction of the courts of England and Wales.

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