Jamavar’s Terms restaurant Mayfair London
1 – YOUR STATUS
1.1. Capacity and age: By placing an Order through the Website, you warrant that:
1.1.1. You are legally capable of entering into binding contracts with Restaurant; and
1.1.2. You are at least 18 years old. 1.2. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Restaurant directly to check that the food is suitable for you, before placing your order.
1.3.1. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol, or for any person to buy, or attempt to buy, alcohol in the UK, on behalf of any person who is under the age of 18;
1.3.2. If your Order includes any alcohol, you will be asked to provide proof of your age on collection of your Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of the Restaurant, or if the Restaurant reasonably believes that the alcohol, you have ordered have been bought by you on behalf of someone under the age of 18, the Restaurant reserves the right not to complete the delivery of the alcohol to you.
2 – HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
2.1. Compiling your Order: Once you have selected the Products you wish to order from the menu of the Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “proceed”, “place my order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Restaurant and errors cannot be corrected (subject to paragraph 2.2. below).
2.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund. If you wish to change or cancel your Order, you may contact the Restaurant, however, there is no guarantee that we will be able to agree to your requests as we may have already started processing your Order.
2.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed.
2.4. Processing your Order and Restaurant rejections: On receipt of your Order, we will notify you by email that your Order has been received and is being processed.
2.5. Collection time of your Order: Times for collections provided are only estimates. The Restaurant cannot guarantee that Orders will be available for collection within the estimated times.
3 – PRICE AND PAYMENT
3.1. VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT.
3.2. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website.
3.3. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant on collection as proof of identification and so that we can check that the card corresponds with the receipt data for the Order.
4 – LICENCE
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.
6 – VISITOR MATERIAL AND REVIEWS
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.
6.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
6.3.1. contain any defamatory, obscene or offensive material;
6.3.2. promote violence or discrimination; 6.3.3. infringe the intellectual property rights of another person;
6.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
6.3.5. promote illegal activity or invade another’s privacy;
6.3.6. give the impression that they originate from us; or
6.3.7. be used to impersonate another person or to misrepresent your affiliation with another person. 6.4. Removal of Reviews: The prohibited acts listed in paragraphs 6.2 and 6.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 6.2 or 6.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
6.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
6.6. Images: Any images of food displayed on the Website are provided as a design feature of the Website only and may not be either (a) an image of food prepared or produced by the Restaurant from which you choose to order; or (b) representative of the food you receive from the Restaurant.
6.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
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.
8 – DISCLAIMERS
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. Allergy, dietary and other menu information: If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Restaurant directly before placing your order. Please do not use the “additional information” box for your food allergies or intolerances, please contact the Restaurant directly.
9 – LIABILITY
9.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.9.2. Exclusion of liability: Subject to clause 9.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
9.2.1. any loss of profits, sales, business, or revenue;
9.2.2. loss or corruption of data, information or software;
9.2.3. loss of business opportunity;
9.2.4. loss of anticipated savings;
9.2.5. loss of goodwill; or
9.2.6. any indirect or consequential loss.
9.3. Limitation of liability: Subject to clauses 9.1 and 9.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.
9.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
10 – GOVERNING LAW AND JURISDICTION
10.1. These Website Terms shall be governed by and construed in accordance with English law. 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 English courts.