Tastenet Terms of Use

Last updated: 1-Sep-13

(1)      Introduction

We own and operate the website www.tastenet.co.uk. "We" means Trevor Milner t/a Tastenet. Our trading address is TasteNet, Business Works South Shields,Henry   Robson Way,South Shields,NE33 1RF

We are not registered for VAT.

You can contact us on 07908 706506 or at admin@tastenet.co.uk

Tastenet is a website providing information about local businesses producing, selling, using, retailing or promoting local food and drink products, local crafts or other products. We encourage businesses to create directory entries to give visitors relevant information about products and events in their local area.

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

Most of these terms of use apply to you whether you are a visitor using the website to look for relevant information or a business that has registered in our directory ("registered user"). Some of the terms only apply only to visitors or to registered users: that will be clear from the context.

The site is only intended for use byUKresidents. Directory entries will only be accepted through the site from businesses in the UK. If you are a non-UK business and want to create a directory entry, please contact us. You must be at least 18 years of age to become a registered user. By registering or attempting to register in our directory, you warrant and represent that you are at least 18 years of age.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

(2)      Licence to use website

We or our licensors own the intellectual property rights in the website and the database rights in the directory. Subject to the licence in the next paragraph, all these intellectual property rights are reserved.

We grant you a licence to view, download for caching purposes only, and print pages or other content from the directory or website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

Registered users may use their own material as they wish (see final paragraph in this condition), but otherwise you must not:

(a)      republish material from the directory or this website (including republication on another website);

(b)      sell, rent or sub-license material from the directory or website;

(c)      use any material from the website in display advertisements without our prior written consent;

(d)      edit or otherwise modify any material on the website (other than editing your own directory entry);

(e)      extract or re-utilise any material in the directory other than as permitted by the licence above;

(f)      reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or

(g)      distribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation or for personal use.

We restrict access to areas of our website, and reserve the right to restrict access to our whole website, at our discretion.

Registered users must own or be the licensees of the intellectual property rights in their own submissions. Each registered user may use the materials in his own submissions as he sees fit.

(3)      Our directory

We welcome business entries to our directory.

You may submit an entry by creating a profile and following the process set out on the website for the chosen level of entry. The different levels of entry and payment options are described on the website and the terms relating to the different levels are set out below. You will have the opportunity to identify and correct input errors prior to making your entry by accessing your profile using your user name and password.

Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete entries that in our reasonable opinion breach these terms of use or do not meet the additional guidelines for entries published on our website from time to time. If we reject or delete an entry on either basis, we will not refund any applicable charges.

We will not file a copy of these terms of use specifically in relation to each entry and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print or save a copy of these terms of use for future reference.

These terms of use are provided in the English language only and we cannot enter into a contract with you in any other language.

(4)      Free entries

Our directory allows you to make free entries.

We may delete free directory entries at any time in our sole discretion with or without notice to you.

(5)      Paid entries

In addition to free, “Bronze Level” entries, we provide two levels of paid entry, "Silver” and "Gold”, each allowing a greater level of detail about your entry to be inputted as described on the website.

The applicable entry charges will be as set out on our website from time to time, except in cases of obvious error. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to publish your entry at the incorrect (lower) price.

Prices are in pounds sterling are non-cancellable and non-refundable, except in the circumstances in condition 10. We are not registered for VAT, so no VAT is payable on the entry charges stated on the website.

You must pay to us the entry charges in respect of an entry in advance, in cleared funds, in accordance with the instructions on our website.

We may vary entry charges from time to time by posting new charges on our website. However, such variations will not affect entries that have already been paid for.

(6)      Acceptable use

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; or 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 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.

You must not 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 not use data collected from our website or our directory to contact individuals or companies or other organisations other than to request more information or to book a reservation.

You must not use data collected from our website or our directory for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

(7)      Entries

This condition applies to registered users only, not to visitors.

In these terms of use, “your entry or entries” means all material (including but not only text, images, audio material, video material and audio-visual material) that you submit to our website directory, and all material that your entry links to. It also includes any goods or services that you sell or provide described or linked to in the directory entry.

By submitting an entry to our directory, or creating a recipe you warrant that:

(a)          you are doing so as a business user;

(b)          you are legally capable of entering into binding contracts;

(c)          you are using your own debit or credit card;

(d)          you are resident in the UK;

(e)          you own or are licensed to use the intellectual property rights in your entry;

(f)          you are accessing our site from a country within theUK.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your entries on the website and in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your entries will comply with these terms of use.

Your entries must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your entries (and their publication on our website) 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 an incitement to commit a crime;

(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 official secrets legislation;

(k)      be in breach of any contractual obligation owed to any person;

(l)       depict violence in an explicit, graphic or gratuitous manner;

(m)     be pornographic or sexually explicit;

(n)      be untrue, false, inaccurate or misleading;

(o)      consist of or 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;

(p)      constitute spam;

(q)      be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

(r)      cause annoyance, inconvenience or needless anxiety to any person.

Your entries must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use a false identity or pseudonym when registering to make a directory entry, to give the impression that the entry originated from someone other than you.

If your entry is used to sell goods or services, then you must comply with all relevant e-commerce legislation, including (without limitation) the Consumer Protection (Distance Selling) Regulations 2000, the Electronic Commerce (EC Directive) Regulations 2002, the Consumer Protection from Unfair Trading Regulations 2008, the Provision of Services Regulations 2009 and other applicable consumer protection or other legislation. Your entry and anything which your entry links to must comply with the CAP code. A copy of the CAP code is available on the CAP website at http://www.cap.org.uk currently at:

http://www.cap.org.uk/Advertising-Codes/~/media/Files/CAP/Codes%20CAP%20pdf/CAP%20Code%200712.ashx

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user entries, we do not undertake to monitor the entries, or the publication of the entries on our website.

(8) Recipes

Registered users may submit recipes to the site. Both registered users and visitors may use others' recipes on the site without charge.

By submitting a recipe to our site you warrant that:

(a)     you own or are licensed to use the intellectual property rights in your recipe (i.e. you have not copied it from a recipe book (online or offline) or from someone else); and

(b)     all ingredients in the recipe are safe for human consumption and any instruction contained in the recipe will not if followed accurately cause any injury, illness or damage to the user.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your recipes on the website and in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your recipes will comply with these terms of use.

Your recipes must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your recipe must be appropriate, civil, and tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

We reserve the right to edit or remove any recipe submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to recipes, we do not undertake to monitor recipes, or the publication of recipes on our website.

If you use a recipe you find on the site, please ensure it is safe for your particular dietary or other requirements before relying on it. If you think there is a problem with a recipe then please let us know.

 (9)     Availability

Whilst we take reasonable care to ensure that our website is available and accessible to guests and directory subscribers, we do not warrant that our website will be continuously available, or that your use of the website will be uninterrupted or error free or that the website will be free from attack. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair for reasons beyond our control.

Whilst we have reasonable security measures in place, we cannot guarantee the website is virus-free and you use it at your own risk.

(10)    Discontinuing service

We reserve the right to discontinue our directory services (and the publication of our website) at any time in our sole discretion with or without notice.

If:

(a)      you have paid for directory entry;

(b)      your directory entry has been accepted in accordance with these terms of use and has been published on our website for a period of less than 12 months; and

(c)      we discontinue the directory service;

we will refund to you such portion of your payment as related to any period after the discontinuance of the directory service.

Except as set out in this condition 10, you will not be entitled to any refund upon the discontinuance of our directory services.

(11)    Termination

You may terminate our contract at any time by giving notice to us in writing. When you do so, we will disable your username and password immediately without telling you first and you will no longer be able to access your entry.

We may terminate our contract at any time if you have breached any of these terms, or if we receive a complaint as provided for at condition 12 below.

We may temporarily or permanently remove an entry from the website at any time if we reasonable believe that the entry may create a liability for us or adversely affect our reputation, or the reputation of the website. This may be due to, for example, a complaint being received about you or your entry.

(12)    Complaints

Any visitors to the site or other directory members may lodge a complaint in relation to any entry by contacting us in writing using our details above.

If we receive a complaint about you or your entry and we reasonably determine that the complaint is justified, we will be entitled to end the contract immediately and delete your entry. We will normally tell you before we do so.

We are not able to offer compensation for any complainant.

(13)    Limited warranties

You acknowledge that the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

You must carry out whatever checks you consider necessary before you buy any goods or services from any business included in our directory.

You acknowledge that:

(a)      we do not confirm the identity of companies and persons listed in our directory, check their credit worthiness or bona fides, or otherwise vet them;

(b)      we do not systematically check, audit or monitor the information contained in the directory;

(c)      we are not party to any contract for the sale or purchase of goods or services entered into with any company or person in our directory; and

(d)      we are not the agents for any company or person in our directory.

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

(14)    Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this condition and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge to visitors and businesses making free directory entries, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

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.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

If you are a paid directory user, ouraggregate liability to you under the terms of use will not exceed the total amount paid and payable by you to us under the terms of use.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

(15)    Indemnity

You hereby indemnify us and undertake to keep us indemnified against any 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 on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(16)    Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a)        send you one or more formal warnings;

(b)        temporarily suspend your access to the website;

(c)        permanently prohibit you from accessing the website;

(d)        block computers using your IP address from accessing the website;

(e)        contact your internet services provider and request that they block your access to the website;

(f)        bring court proceedings against you for breach of contract or otherwise;

(g)        delete and/or edit any or all of your directory or website entries; and/or

(h)        suspend and/or delete your profile with the website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different profile).

(17)    Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(18)    Trade marks

TASTENET and our logo are unregistered trademarks belonging to us. We give no permission for the use of these trademarks except as permitted by law, and such use may constitute an infringement of our rights.

The other registered and unregistered trademarks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(19)    Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions that we will make available to you at the relevant time.

(20)    Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

(21)    Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

 

(22)    Severability

If a provision of these terms of use 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 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.

 

(23)    Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

 

(24)    Entire agreement

These terms of use, 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.

(25)    Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts ofEnglandandWales. 

 
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