NoshyCircle Website – Terms and Conditions
Last Updated 24th October 2020
Terms and Conditions of Use and Sale
IMPORTANT LEGAL NOTICE
This page (together with our Cookies Policy) sets out the terms and conditions (“Website Terms”) on which , NoshyBox Ltd (trading as NoshyCircle), a company incorporated under the laws of England and Wales having registered number 12667492 and registered office at 20-22 Wenlock Road, London N1 7GU (hereinafter referred to as “we”, “our”), provides access to our website https://www.noshycircle.com and “NoshyCircle” -the Customer mobile application through which the customer can order products (together, “the Website”). Please read these Website Terms carefully before ordering any products through, the Website. By ordering products through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
We reserve the right to amend these Website Terms from time to time and the latest version of the terms would be available on the Website.. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
Use of your personal information submitted via the Website is governed by our Privacy Notice and Cookies Policy.
For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website https://www.noshycircle.com and any NoshyCircle mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: NoshyBox (trading as NoshyCircle) is a company registered in England and Wales with registered company number 12667492, whose registered office is at 20-22 Wenlock Road, London N1 7GU.
1.2. Our Service: We provide a platform for you to communicate your food orders (“Orders”) for meals (“Products”) for delivery from the cooks displayed on the Website. The legal contract for the supply and purchase of Products is between you and the cook that you place your Order with and we will conclude the sale of Products on behalf of, and as an agent for, the cook in all cases.
2. WEBSITE ACCESS AND TERMS
2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
2.3. Revision of terms: We reserve the right to amend these Website Terms from time to time and the latest version of the terms would be available on the Website. It is your responsibility to ensure that you have checked the latest version of the terms. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and comply with them. You agree to indemnify us in the event of any loss or damage suffered by us as a result of the acts or omission of any one accessing our website through your internet connection.
3. YOUR STATUS
3.1. Capacity and age: By placing an Order through the Website, you warrant that:
3.1.1. You are legally capable of entering into binding contracts with Cooks ; and
3.1.2. You are at least 18 years old.
3.2. It is your responsibility to ensure that you will contact the Cook through the messaging option in the website to check that the food is suitable for you, before placing your order with them. If you are in doubt, you can contact our customer care and we will try to help you by contacting the cooks.
4.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
4.1.1. You must not misuse the Website (including by hacking or \”scraping\”).
4.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 4.1 is prohibited.
4.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
4.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
4.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
4.2. Limitation on use: Except as stated in paragraph 4.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
4.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
5. WEBSITE ACCESS
5.1. Website availability: While we try to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
5.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
5.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
6. VISITOR MATERIAL AND REVIEWS
6.1.1. Other than personally identifiable information, which is covered under our Privacy Notice, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) (“Visitor Material”) will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
6.1.2. You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 6.2 to 6.3 below.
6.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
6.2.1. breaches any applicable local, national or international law;
6.2.2. is unlawful or fraudulent;
6.2.3. amounts to unauthorised advertising; or
6.2.4. contains viruses or any other harmful programs.
7. LINKS TO AND FROM OTHER WEBSITES
7.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
7.2. Linking permission: You may link to the Website’s homepage (www.noshycircle.com), provided that:
7.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
7.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
7.2.3. any website from which you link must comply with the content standards set out in these Website Terms;
7.2.4. we have the right to withdraw linking permission at any time and for any reason.
8.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
8.2. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).
9. ADDITIONAL TERMS
9.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our Privacy Notice.
9.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
9.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
9.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
9.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
9.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
10. GOVERNING LAW AND JURISDICTION
10.1. These Website Terms shall be governed by and construed in accordance with the Laws of England and Wales. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.