Top Nosh - Leamington Spa - Terms and Conditions

Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

Licence to use website

You may view, download for caching purposes only, and print pages or images from the website for your own personal use, subject to the restrictions below.

You must not:

republish material from this website (including republication on another website);
sell, rent or otherwise sub-license material on the website;
reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website.

Limitations of liability

The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.

However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.

We may disable your user ID and password at our sole discretion OR if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.

Bulletin board / chat room / comments

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website for any purposes related to marketing without our express written consent.

You must not use our website to copy, publish or send mass mailings or spam.

You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person's intellectual property rights or rights of confidence, impinge upon any person's privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

We reserve the right to edit or remove any material posted upon our website.

We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or canceling your account, restricting your access to our website, or commencing legal proceedings against you.

In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.

Online Ordering

Delivery is only available Monday to Friday only. There is no delivery on Public Holidays and will be delivered the following day.
Top Nosh reserves the right to cancel any order.
All items are subject to availability and seasonal change. Top Nosh reserves the right to substitute any product not available with a similar product.
Orders for same day delivery will not be accepted after 11.00 am.
Incomplete orders or non payment will automatically negate the order.
Customers are unable to cancel an order after payment has been processed.
All orders are non refundable.
Delivery is only within a eight mile radius of our premises. Payment will be forfeited on any orders outside of this area, unless otherwise agreed.
Top Nosh cannot guarantee a time for delivery and will not be liable if the account holder fails to notify a change of address to Top Nosh.
Faulty, damaged or missing goods must be notified to Top Nosh within 24 hours of delivery.
Our menu may not be suitable for nut and seed allergy sufferers.

Prize Draw

This prize draw is open to participants resident in the UK.
Enter the prize draw by ordering online, email or phone.
The prize draw will take place on 1st September 2009. The name of one entrant will be drawn at random from all those that enter. The winner will be notified by phone or by email on 4rd September 2009. The judge will be independent of the competition and the draw will be legally witnessed by a legal representative. The judges' decision is final and no correspondence will be entered into.
The prize includes an Apple iPod Touch 16GB.
No cash alternative is available.
The prize draw closes on 31st August 2009.
Entries are limited to one per order. There is no cost to partaking in the draw.
All cancellations will be removed from the prize draw.
Results, written particulars of process followed and making of the draw can be obtained by sending a stamped, self addressed envelope, and quoting iPod Draw, after the closing date to: Top Nosh, 40 Park Street, Leamington Spa, CV32 4QN.

Online Coupons

Coupons can only be used on a trolley amount of over £4.00. Each customer can only use this coupon once.

Variation

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Registrations and authorisation's

Our VAT number is 892491289.

Our contact details

The full name of our company is Top Nosh. We are registered in England & Wales under registration number 892491289. Our registered address is: Top Nosh, 40 Park Street, Leamington Spa, CV32 4QN.

You can contact us by email to info@topnoshfood.co.uk