Terms & Conditions
Introduction
These terms and conditions shall govern your use of our website,
www.yumstreet.co.uk (the “Website”).
The owner and operator of the website is Yum Street Catering
Ltd, (also referred to in these Terms as “we”, “us”, “our” or “Yum Street”)
whose office is at 26-27 Chapel Road, Southampton, SO14 5GL, United Kingdom and
whose company registration number is 11593729.
The term “you” refers to the user or viewer of our Website
(and “your” will be construed accordingly).
By using our Website or continuing to browse our Website,
you agree to accept these terms and conditions. If you disagree with any of
these terms and conditions, you must not use our Website.
Our Website uses cookies. By using our Website, you consent
to our use of cookies in accordance with the terms of our privacy and cookies
policy found here.
Copyright
This Website contains content which is owned by or licensed
to us (the “Content”). This Content includes, but is not limited to, the
information, design, layout, look, appearance and graphics.
You are granted a licence to use the Content subject to the
restrictions described in these terms and conditions.
All Content and material contained in this Website is and
shall remain at all times the copyright of Yum Street Catering Ltd.
You must retain, and must not delete or remove all copyright
notices and other proprietary notices placed by us on any content.
Licence to use the Website
You may:
(a) view pages from our Website in a web browser;
(b) download pages from our Website for caching in a web
browser;
(c) print pages from our Website; subject to the other
provisions of these terms and conditions.
You must not download any material from our Website or save
any such material to your computer.
Except as expressly permitted by these terms and conditions,
you must not edit or otherwise modify any material on our Website.
You must not:
(a) republish material from our Website (including republication
on another Website), except in the case of social media such as Facebook,
Instagram and Twitter in which case you are permitted to publish extracts in
order to promote use of the Website;
(b) sell, rent or sub-license material from our Website;
(c) show any material from our Website in public;
(d) exploit material from our Website for a commercial
purpose (other than as a registered seller in accordance with these terms and
conditions); or
(e) redistribute material from our Website.
We reserve the right to restrict access to areas of our
Website, or indeed our whole Website, at our discretion. You must not
circumvent or bypass, or attempt to circumvent or bypass, any access
restriction measures on our Website.
Acceptable use
You must not:
(a) use our Website in any way or take any action that
causes, or may cause, damage to the Website or impairment of the performance,
availability or accessibility of the Website;
(b) use our Website in any way that is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent
or harmful purpose or activity;
(c) use our Website to copy, store, host, transmit, send,
use, publish or distribute any material which consists of (or is linked to) any
spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other
malicious computer software; or
(d) conduct any systematic or automated data collection
activities (including without limitation scraping, data mining, data extraction
and data harvesting) on or in relation to our Website without our express
written consent.
You must ensure that all the information you supply to us
through our Website, or in relation to our Website, is true, accurate, current
and non-misleading.
Use on behalf of an organisation
If you use our Website in the course of a business, then by
so doing you bind both yourself and the company or other legal entity that
operates that business to these terms and conditions, and in these
circumstances references to ”you” in these terms and conditions are to both the
individual user and the relevant company or legal entity.
Cancellations and changes to a Booking
When you make a booking with Yum Street, you accept and
agree to the cancellation policy set out below.
The cancellation policy which applies to your booking
depends on how close to the date of the event for which you made the booking
(the “Event Date”) you make your cancellation, as follows:
(a) If you cancel your booking more than 2 month before the
Event Date, you will receive a 100% refund.
(b) If you cancel your booking more than 48 hours but less
than 2 month before the Event Date, you will receive a 50% refund.
(c) If you cancel your booking less than 48 hours before the
Event Date, you will receive a 20% refund.
If you wish to make a change or a cancellation to a booking,
you should contact us as soon as possible on info@yumstreet.co.uk to inform us
of your new requirements.
If you wish to change your booking, this may, in some cases,
be considered to be a cancellation of your booking and the cancellation policy
set out above will then apply. We will discuss any request for a change to your
booking with you and confirm to you whether or not the change is significant
enough to consider it a cancellation of the original booking.
User login details
If you register for an account with our Website, you will be
asked to choose a user ID and password.
You must not use your account or user ID to impersonate any
other person.
You must keep your password confidential.
You must notify us in writing immediately if you become
aware of any disclosure of your password.
You are responsible for any activity on our Website arising
out of any failure to keep your password confidential, and may be held liable
for any losses arising out of such a failure.
Booking catering services
If you wish to book catering services through our Website,
you will be asked to provide personal and credit/debit card details required
for your booking.
All catering services featured on our Website is booked
directly with Yum Street, and your agreement will be directly us.
If you have a complaint with regard to your catering
services during an event, you must inform us immediately in order to give us
the chance to resolve the problem. Failure to do so may affect your rights
under your contract with us.
If you have any specific requirements when booking your
catering services, you must communicate those requirements to us and ensure you
document appropriately the terms of your agreement with the Supplier.
Cancellation and suspension of account
We reserve the right to:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details, at any time in our sole
discretion without notice or explanation.
You may cancel your account with us on our Website at any
time.
Your content licence
In these terms and conditions, ”your content” means all
works and materials (including without limitation text, graphics, images, audio
material, video material, audio-visual material, scripts, software and files)
that you submit to us or our Website for storage or publication on, processing
by, or transmission via, our Website.
You grant to us a worldwide, irrevocable, non-exclusive,
royalty-free licence to use, reproduce, store, adapt, publish, translate and
distribute your content in any existing or future media and to reproduce, store
and publish your content on and in relation to this Website and any successor
website.
You grant to us the right to sub-license the rights licensed.
You grant to us the right to bring an action for
infringement of the rights licensed.
You hereby waive all your moral rights in your content to
the maximum extent permitted by applicable law; and you warrant and represent
that all other moral rights in your content have been waived to the maximum
extent permitted by applicable law.
You grant us the right to take pictures of the event and our
services at your event in order to promote our services, products and brands on
any media we wish.
You may edit your content to the extent permitted using the
editing functionality made available on our Website.
Without prejudice to our other rights under these terms and
conditions, if you breach any provision of these terms and conditions in any
way, or if we reasonably suspect that you have breached these terms and
conditions in any way, we may delete, unpublish or edit any or all of your
content.
Your content roles
You warrant and represent that your content will comply with
these terms and conditions.
Your content must not be illegal or unlawful, must not
infringe any person’s legal rights, and must not be capable of giving rise to
legal action against any person (in each case in any jurisdiction and under any
applicable law).
Your content, and the use of your content by us in
accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right,
trade mark right, design right, right in passing off, or other intellectual
property right;
(d) infringe any right of confidence, right of privacy or
right under data protection legislation;
(e) constitute negligent advice or contain any negligent
statement;
(f) constitute or promote any criminal activity;
(g) be in contempt of any court, or in breach of any court
order;
(h) be in breach of racial or religious hatred or
discrimination legislation;
(i) be blasphemous;
(j) be in breach of any contractual obligation owed to any
person;
(k) be untrue, false, inaccurate or misleading;
(l) contain any instructions, advice or other information
which may be acted upon and could, if acted upon, cause illness, injury or
death, or any other loss or damage;
(m) constitute spam; or
(n) be offensive, deceptive, fraudulent, threatening,
abusive, harassing, anti-social, menacing, hateful, discriminatory or
inflammatory.
You must not use our Website to post any link to any Website
or web page without our written permission.
Report abuse
If you learn of any unlawful material or activity on our
Website, or any material or activity that breaches these terms and conditions,
please let us know.
You can let us know about any such material or activity by
writing to us at info@yumstreet.co.uk.
Warranties
We do not warrant or represent:
(a) the completeness or accuracy of the information
published on our Website;
(b) that the information on the Website is up to date; or
(c) that the Website or any service on the Website will
remain available.
We reserve the right to discontinue or alter any or all of
our Website services, and to stop publishing our Website, at any time in our
sole discretion without notice or explanation; and save to the extent expressly
provided otherwise in these terms and conditions, you will not be entitled to
any compensation or other payment upon the discontinuance or alteration of any
Website services, or if we stop publishing the Website.
To the maximum extent permitted by applicable law and
subject to Section 16.1, we exclude all representations and warranties relating
to the subject matter of these terms and conditions, our Website and the use of
our Website.
Limitations and exclusions of liability
Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal
injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent
misrepresentation;
(c) limit any liabilities in any way that is not permitted
under applicable law; or
(d) exclude any liabilities that may not be excluded under
applicable law, and, if you are a consumer, your statutory rights will not be
excluded or limited by these terms and conditions, except to the extent
permitted by law.
The limitations and exclusions of liability set out in this
Section 16 and elsewhere in these terms and conditions:
(a) are subject to Section 16.1; and
(b) govern all liabilities arising under these terms and
conditions or relating to the subject matter of these terms and conditions,
including liabilities arising in contract, in tort (including negligence) and
for breach of statutory duty, except to the extent expressly provided otherwise
in these terms and conditions; and
(c) this includes any claims, losses or damages arising from
the conduct of users who have registered through the Website or who attempt to
defraud or harm you.
To the extent that our Website and the information and
services on our Website are provided free of charge, we will not be liable for
any loss or damage of any nature. To the extent that we may have charged you a
Booking fee, our liability to you shall in no event exceed the amount of that booking
fee.
We will not be liable to you in respect of any losses
arising out of any event or events beyond our reasonable control, or in respect
of any loss or corruption of any data, database or software, or in respect of
any special, indirect or consequential loss or damage.
We will not be liable to you in respect of any business
losses, including (without limitation) loss of or damage to profits, income,
revenue, use, production, anticipated savings, business, contracts, commercial
opportunities or goodwill.
Indemnity
You hereby indemnify us, and undertake to keep us
indemnified, against any and all losses, damages, costs, liabilities and
expenses (including without limitation legal expenses and any amounts paid by
us to a third party in settlement of a claim or dispute) incurred or suffered
by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and
conditions; or
(b) your use of our Website.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and
conditions, if you breach these terms and conditions in any way, or if we
reasonably suspect that you have breached these terms and conditions in any
way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our Website;
(c) permanently prohibit you from accessing our Website;
(d) block computers using your IP address from accessing our
Website;
(e) contact your internet service provider and request that
they block your access to our Website;
(f) commence legal action against you, whether for breach of
contract or otherwise; and/or
(g) suspend or delete your account on our Website.
Third party Websites
Our Website may include links to other Websites owned and
operated by third parties. We have no responsibility for the content of such
third party websites.
We have no control over third party Websites and their
contents, and we accept no responsibility for them or for any loss or damage
that may arise from your use of them.
Trademarks
The registered and unregistered trademarks or service marks
on our Website are the property of their respective owners and, unless stated
otherwise in these terms and conditions, we are not affiliated with any of the
holders of any such rights and as such we cannot grant any licence to exercise
such rights.
Variation
We may revise these terms and conditions from time to time.
The revised terms and conditions shall apply to the use of
our Website from the date of publication of the revised terms and conditions on
the Website, and you hereby waive any right you may otherwise have to be
notified of, or to consent to, revisions of these terms and conditions. If you
do not agree to the revised terms and conditions, you must stop using our
Website.
Assignment
You hereby agree that we may assign, transfer, sub-contract
or otherwise deal with our rights and/or obligations under these terms and
conditions.
You may not without our prior written consent assign,
transfer, sub-contract or otherwise deal with any of your rights and/or
obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined
by any court or other competent authority to be unlawful and/or unenforceable,
the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these
terms and conditions would be lawful or enforceable if part of it were deleted,
that part will be deemed to be deleted, and the rest of the provision will
continue in effect.
Third party rights
A contract under these terms and conditions is for our
benefit and your benefit, and is not intended to benefit or be enforceable by
any third party.
The exercise of the parties’ rights under a contract under
these terms and conditions is not subject to the consent of any third party.
Entire agreement
These terms and conditions, together with our privacy and
cookies policy, shall constitute the entire agreement between you and us in
relation to your use of our website and services. This agreement shall
supersede all previous agreements between you and us in relation to your use of
our website.
Law and jurisdiction
These terms and conditions shall be governed by and
construed in accordance with English law.
Any disputes relating to these terms and conditions, the website
or any product or service purchased through the Website shall be subject to the
exclusive jurisdiction of the courts of England.
Notwithstanding the above, all consumers are entitled to
submit any complaint which they may have through the European Online Dispute
Resolution platform, which can be found at:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show. We are not,
however, bound to mediate under the terms of those regulations.