TERMS OF USE

Updated: January 5, 2021

THE TERMS AND CONDITIONS SET FORTH BELOW (“TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND Yummy Kebab (“Yummy Kebab,” “WE,” “US” OR “OUR”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE Yummy Kebab’S WEBSITE LOCATED AT THE URL: WWW.Yummy Kebab.COM (“SITE”) AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.Yummy Kebab.COM BY Yummy Kebab, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, TOGETHER WITH THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE AND THE APPLICATION (COLLECTIVELY, “SERVICES”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE OUR SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. Yummy Kebab MAY CHANGE THE CONTENT AND SERVICES THAT WE OFFER AT ANY TIME. Yummy Kebab CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING A CHANGE NOTICE OR UPDATED TERMS OF USE ON THIS SITE. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. YOUR CONTINUED USE OF THIS SITE, OR THE SERVICES AVAILABLE THROUGH THIS SITE, WILL BE CONCLUSIVELY DEEMED TO INDICATE YOUR ACCEPTANCE OF THE CHANGE.

Eligibility

You must be at least 18 years of age or older to place an order with Yummy Kebab in the United Kingdom.

Click and Collect and Purchases

When you input your postcode into this Site, you are automatically directed to the website referring to our site. Please note that prices, minimum spend restrictions, maximum cash spend restrictions and delivery restrictions vary. In addition, if you order online, the price charged may be different to the price for the Services had they been ordered in-store, if available, or by telephone.

Click and Collect and Delivery Services are provided by third party providers. Information collected through the ordering process can include name, address, postcode and email. If you wish to understand how your data is used by us and your rights, please review our Privacy Policy.

Receiving Information From Us

If you place an order through us or create an account, you agree to receive communications via email from us. We may email you about changes to our Services, these Terms, and our privacy policy. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including, without limitation, that such communications be in writing.

Promotional Offers and Menu Items

Promotional offers and menu items displayed on the Site may not be available at any given time and are subject to change and denied at any given time.

Privacy Policy

Your use of this Site and the Services provided on or through the Site are governed by the Yummy Kebab’s Privacy Policy, which is available at: https://www.yummykebabsgosport.co.uk/privacy (“Privacy Policy”). You agree that we may use your personal information in accordance with the Privacy Policy.

Links to Third Party Sites

We have links on our Site to other websites that are not affiliated with Yummy Kebab(collectively, “Third Party Websites”). Those websites will have different privacy policies from our Site. You acknowledge and agree that your use of such Third Party Websites is governed by the respective Third Party Website privacy policy and terms and conditions and/or user guides. Yummy Kebab is providing links to the Third Party Sites to you as a convenience. Yummy Kebab does not verify, make any representations or take responsibility for such Third Party Websites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Websites. YOU AGREE THAT Yummy Kebab WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on any Third Party Website to any product, service, publication, institution, organization of any third party entity or individual does not constitute or imply Yummy Kebab’s endorsement or recommendation.

Submissions

We do not currently allow users to post content on our Site or in connection with our Services. If we allow such postings in the future, you are responsible for the accuracy and integrity of anything that you submit to us (a “Submission”), and you must ensure that you have the rights to it and that you do not violate someone else’s copyright. You represent and warrant that: (i) you own all Submissions posted by you on or through this Site, (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity and (iii) you have the right to grant the ownership to Yummy Kebab set forth in this section. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

Unless otherwise explicitly stated herein or in the Yummy Kebab Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that we may use any of your Submissions for any purpose, and you hereby assign, transfer and convey to Yummy Kebab all your worldwide right, title and interest in and to your Submissions, and the complete right to exploit or otherwise use the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights.

When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Yummy Kebab to monitor, police or remove any Submissions or other information submitted by you or any other user.

Unauthorized Activities

Please be respectful when you use our Site and Services. For example, you shall not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on this Site.

This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to terminate your ability to post to this Site (or the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Yummy Kebab determines, in its sole discretion, is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Yummy Kebab may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or at Yummy Kebab’s discretion, Yummy Kebab will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Submissions and unauthorized use of any Materials or third party content contained on this Site may violate certain laws and regulations.

You agree to, and shall, indemnify and hold Yummy Kebab and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Yummy Kebab or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your username and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights

 Unauthorized use of Yummy Kebab’s trademarks is strictly prohibited. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, Site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Yummy Kebab, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Intellectual Property Infringement

Notification

Yummy Kebab respects the intellectual property rights of others, and we ask you to do the same. Yummy Kebab may, in appropriate circumstances and at our discretion, terminate access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Yummy Kebab’s designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Yummy Kebab to locate the material.
• Information reasonably sufficient to permit Yummy Kebab to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please also note that for copyright infringements, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties

Your use of this Site and/or the Services is at your own risk. Neither the Materials nor Submissions have been verified or authenticated in whole or in part by Yummy Kebab, and they may include inaccuracies or typographical or other errors. Yummy Kebab does not warrant the accuracy of timeliness of the Materials or Submissions. Yummy Kebab has no liability for any errors or omissions in the Materials and/or Submissions, whether provided by Yummy Kebab or our licensors.

Yummy Kebab, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Yummy Kebab DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

Yummy Kebab SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL Yummy Kebab BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Yummy Kebab KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Feedback

We like to hear from you. If you have comments about our Site, Services, or individual restaurants, let us know. Please note that your comments are not confidential or proprietary, and we may use any comments that you submit to us. You hereby assign all right, title, and interest in, and Yummy Kebab is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Yummy Kebab is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Law

Any contract to which these Terms apply (and these Terms) shall be by and construed in accordance with the laws of England and Yummy Kebab and you submit to the non-exclusive jurisdiction of the Courts of England.

Miscellaneous

If you violate these Terms, Yummy Kebab may terminate and/or suspend your access to this Site without notice. Yummy Kebab prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Yummy Kebab, may result in immediate termination of your access to this Site. These Terms are the entire agreement between you and Yummy Kebab and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Yummy Kebab about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Contact Us

If you have any questions about these Terms or otherwise need to contact Yummy Kebab for any reason, you can reach us at:

Yummy Kebab

67 Forton Rd, Gosport PO12 4TD

3/05/2023, 2:53:52 AM