General Data Protection Regulation (GDPR) (EU) 2016/679
2. USE CONSTITUTES ACCEPTANCE
By accessing the Site or registering as a user or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
You may order goods using this Taste America Site. We are not obliged to accept any order.
5. PROTECTION OF MINORS
You must be 13 years or older to use the Site or any Service and must be 18 years or older to register with the Site. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.
6. ACCOUNT AND PASSWORD SECURITY
If you register as a user with the Site, you will be asked to choose a password. You must comply with the content rules set out in these Terms including but not limited to the following:
- You must not use your account in connection with the impersonation of any person.
- You must keep your password confidential.
- You must notify us immediately if you become aware of any disclosure of your password.
- You are responsible for any activity on the Site arising out of any failure to keep your password confidential and may be held liable for any damages or losses arising out of such a failure.
We are entitled to assume that anyone who accesses your account or service using your password does so by your authority. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient it is your responsibility to either implement your own additional security or not use the Site.
7. THIRD PARTIES AND EXTERNAL LINKS
7.1 Third Party Suppliers: You agree that your dealings with third party suppliers found on or through the service including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold Taste America liable for any disputes you may have with such third party supplier.
7.2 Links: This Site may provide, or third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third-party websites linked to this Site you do so entirely at your own risk.
8. INTELLECTUAL PROPERTY
No intellectual property ownership rights transfer from you to us, or us to you, as a result of this Agreement. The content of the Site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Site, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from Taste America.
9.1 Payment in British Pounds: Payments will be billed to you in British pounds, and your account will be debited when your order ships, unless stated otherwise in the ordering or payment terms.
9.3 Incorrect Payment Information: If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
9.4 Your Account Records: We maintain records of your services, charges and payments and all such records are taken to be correct unless they are proven to be in error.
10. REFUNDS AND RETURNS
10.1 Returns: You have the right, except for the excluded items listed below, to return goods and/or faulty goods. Goods should be returned by you at your expense with your receipt or other proof of purchase to us within 28 days in original packaging in saleable condition. Our returns policy extends your right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which permits the return of most goods ordered online within 14 days of purchase to 28 days.
10.2 Exclusions: Goods should be returned at your expense to us within 28 days. Unless of poor quality or faulty, it is not possible to return grocery products, food and drink, baby food and milk, frozen or perishables. CDs, DVDs, audio or visual software where the seal has been broken, newspapers and magazines. In order to obtain a refund, please remember to also return your receipt.
10.3 Refunds: Any refund due will usually be credited to the purchaser’s card within ten (10) working days but the exact processing time depends on the policies of the payment processor such as PayPal or Barclays Merchant Services and is not under our control. If returned items were part of a promotional offer the amount refunded may be reduced. In no event will you be refunded more than the original amount paid by you.
11. PERSONAL INFORMATION AND PRIVACY
Taste America values your privacy and the security of your data is extremely important to us. This policy sets out where and how Taste America collects your personal information and how it will be used, as well as your rights over any personal information we hold about you. We handle your personal data only for core business purposes such as marketing, accounts and record keeping.
We will only process your personal information in accordance with the The General Data Protection Regulation (GDPR) (EU) 2016/679 any other UK privacy legislation in force from time to time.
12. YOUR CONTENTS
12.1 Your Product Reviews: You agree that we may use your reviews and other comments in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the reviews and comments you provide to Taste America in any way.
12.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Taste America in any way.
12.3 Prohibited Content: You may not use the Site or Services for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person's use or enjoyment of the Site.
- Breaching any laws concerning the use of public telecommunications networks.
- Interfering or disrupting networks or websites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Engaging in technically harmful behavior, which includes but is not limited to: computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
12.4 Right to Remove: We reserve the right to refuse to post material on our Site or to remove material already posted on the Site.
13. WARRANTIES AND DISCLAIMERS
13.1 Disclaimers: EXCEPT AS SET FORTH IN CLAUSE 13.2 WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING TASTEAMERICA.CO.UK. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
TASTE AMERICA DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
13.2 Limited Warranty: Where we supply you with goods or services and the supply is subject to English law, any non-excludable warranties and conditions implied by law apply; but to the fullest extent allowed by law, our liability for breach of them is limited to the total fees paid or payable by you under this Agreement. We warrant that goods and Services will be supplied with reasonable skill and care.
14. LIMITATIONS OF LIABILITY
The Site and Services are provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. We assume no liability for any:
- viruses or any other disabling features that affect your access to or use of the Site
- incompatibility between the Site and other websites, services, software and hardware.
- delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Site
- modification, suspension or discontinuance of any of the Site or our domain name or Services
- use of the Site including, without limitation, direct, indirect, incidental or consequential loss or damages or any loss of profits, loss of revenue business interruption, loss or program or otherwise.
Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence; or fraud or misrepresentation; or any liability which cannot be excluded or limited under law.
15. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.
You agree to indemnify and hold harmless Taste America and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. Taste America reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by Taste America in the defense of any claims.
Taste America reserves the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the site.
18. JURISDICTION LIMITATIONS
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
19. INTERNATIONAL USE
We make no representation that content on this Site is appropriate or available for use in locations outside the United Kingdom. If you choose to access this Site from a location outside the UK, you do so on your own initiative and you are responsible for compliance with local laws.
20. GENERAL PROVISIONS
20.2 Governing Law: This Agreement will be governed in all respects by the laws of England. The Parties may try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved, then the Parties irrevocably submit to the non-exclusive jurisdiction of the English courts.
20.3 Relationship of Parties: Parties are independent contractors and neither Party’s employees will be considered employees of the other Party for any purpose. This Agreement does not create a joint venture or partnership, and neither Party has the authority to bind the other to any third party.
20.4 Assignment: You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.
20.5 Amendment: You may not amend or waive any provision of this Agreement unless in writing and signed by both Parties.
20.6 Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only and must not be used to interpret the Agreement.
20.7 Communication and Notices: You consent to receive notices and information from us in respect of our Site and services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognized by law. You may contact us at Privacy@tasteamerica.co.uk
20.8 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
20.9 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.
20.10 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit.
20.11 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
20.12 Law Enforcement: You authorize us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.