CAFÉ THE ROYAL BENGAL (CRB) WEBSITE TERMS AND CONDITIONSIMPORTANT LEGAL NOTICE
This page (together with our cookies policy) sets out the terms and conditions ("Website Terms") on which we, Café The Royal Bengal ("we". "our" or "CRB"), provide access to our website http://caffetheroyalbengal.com/index.html and any CRB mobile application through which you order products (together, "the Website"). Please read these Website Terms carefully before ordering any products through, the Website. By ordering products through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms. We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language. For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website http://caffetheroyalbengal.com/index.html and any CRB mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time). By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.I. TERMS AND CONDITIONS OF USE AND SALE 1. INTRODUCTION AND OUR ROLE
1.1. Company details: Café The Royal Bengal is private held business registered in 47B First Avenue, Westcliff on Sea, SS08HP, Essex
1.2. VAT number: Our VAT number is GB 282 6376 77
1.3. Product Orders: We provide a way for you a way to order Indian homemade foods and drinks("Orders") for products ("Products") to delivery or takeaway displayed on the Website. The legal contract for the supply and purchase of Products is between you and the company who produce the raw materials that we used for your Order with and we will conclude the sale of Products on behalf of, and agent for, the producers and sellers in all cases.
2. WEBSITE ACCESS AND TERMS 2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3. YOUR STATUS 3.1. Capacity and age: By placing an Order through the Website, you warrant that:
3.1.1. You are legally capable of entering into binding contracts with the raw material producers and sellers; and
3.1.2. You are at least 18 years old.
3.2. Alcohol, cigarettes and other smoking products:
3.2.1. 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, tobacco or other smoking products on behalf of any person who is under the age of 18;
3.2.2. If your Order includes any alcohol, cigarettes or other smoking products, you will be asked to provide proof of your age on collection or delivery of your Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of your chosen Restaurant, or if the Restaurant reasonably believes that the alcohol, cigarettes or other smoking products 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, cigarettes or other smoking products to you.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED 4.1. Compiling your Order: Once you have selected the Products you wish to order from the menu of your chosen category 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 4.2. below).
4.2. 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 (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact us immediately on the given no in the website and promotional materials. However, there is no guarantee that we will be able to cancel your requests as we may have already started processing your Order.
4.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed. 4.4. Processing your Order and Restaurant rejections: On receipt of your Order, we will send it to the relevant kitchen and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with a CRB but does not necessarily mean that your Order will be fulfilled by the CRB. We will notify you (generally by email) as soon as reasonably practicable if CRB rejects your Order. However, CRB have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Restaurants CRB will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 5.6 below.
4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the CRB and are only estimates. CRB can’t guarantee that Orders will be delivered or will be available for collection within the estimated times due to any unforeseen reasons. 5. PRICE AND PAYMENT 5.1. VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any administration charge imposed by the CRB. These will be added to the total amount due where applicable. 5.2. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the CRB at the point of delivery to, or collection by, you. 5.3. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5.4. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by CRB, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that the CRB will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account. 5.6. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the CRB (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that the CRB will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. CUSTOMER CARE 6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the "Need help?", "Help" or similar button or by calling the telephone number shown on the Website.
6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Restaurant in order to follow up on your query.
6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.
6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by CRB, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process.
6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by CRB and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact CRB directly to lodge your complaint and, where appropriate, follow the CRB's own complaint procedures. If you are unable to contact the CRB, or the CRB refuses to deal with your complaint, you can contact our Management Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Restaurant in order to request compensation on your behalf. Please note, however, that the legal contract for the supply and purchase of Products is between you and the producer/supplier or the manufacturer of the raw materials we used to make your Order with. We have no control over supplier/producers or manufacturer and the quality of the Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any supplier/producers/manufacturers.
7. LICENCE 7.1. 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:
7.1.1. You must not misuse the Website (including by hacking or "scraping").
7.1.2. 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 7.1 is prohibited.
7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
7.1.5. 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.
7.2. Limitation on use: Except as stated in paragraph 7.1, 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.
7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. WEBSITE ACCESS 8.1. 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.
8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
8.3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9. VISITOR MATERIAL AND REVIEWS 9.1. General:
9.1.2. 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 9.2 to 9.3 below.
9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
9.2.1. breaches any applicable local, national or international law;
9.2.2. is unlawful or fraudulent;
9.2.3. amounts to unauthorised advertising; or
9.2.4. contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
9.3.1. contain any defamatory, obscene or offensive material;
9.3.2. promote violence or discrimination;
9.3.3. infringe the intellectual property rights of another person;
9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
9.3.5. promote illegal activity or invade another's privacy;
9.3.6. give the impression that they originate from us; or
9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.
9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 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 9.2 or 9.3 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.
9.5. 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.
9.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a supplier/producer or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.7. 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.
10. DISCLAIMERS 10.1. 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. 10.2. Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by suppliers/producers/manufacturers. However, it is the suppliers/producers/manufacturers that are responsible for providing this allergy/dietary information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the CRB directly before ordering. 10.3. Restaurant actions and omissions: The legal contract for the supply and purchase of Products is between you and the CRB you place your Order with. We have no control over the actions or omissions of any suppliers /producers/ manufactures. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website: 10.3.1. We do not give any undertaking that the Products ordered from CRB through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties. 10.3.2. Estimated times for deliveries and collections are provided by the CRB and are only estimates. Neither we nor the delivery persons guarantee that Orders will be delivered or will be available for collection within the estimated times. 10.3.3. The foregoing disclaimers do not affect your statutory rights against CRB.
10.4. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other term which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ). 11. LIABILITY 11.1. 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. 11.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for: 11.2.1. any loss of profits, sales, business, or revenue;
11.2.2. loss or corruption of data, information or software
; 11.2.3. loss of business opportunity;
11.2.4. loss of anticipated savings;
11.2.5. loss of goodwill; or
11.2.6. any indirect or consequential loss. 11.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, 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. 11.4. 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. 12. TERMINATION 12.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that: 12.1.1. you have used the Website in breach of paragraph 7.1 (License);
12.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
12.1.3. you have breached paragraph 10.2 (Links to and from other websites); or
12.1.4. you have breached any other material terms of these Website Terms.
12.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
13. WRITTEN COMMUNICATIONS 13.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. EVENTS OUTSIDE OUR CONTROL 14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
14.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1. strikes, lock-outs or other industrial action;
14.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5. impossibility of the use of public or private telecommunications networks; and
14.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
14.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
15. GOVERNING LAW AND JURISDICTION 15.1. 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.
By visiting and/or using the Service on the Website, you agree and where required you consent to the collection, use and transfer of your information as set out in this policy.
1. INFORMATION THAT WE COLLECT FROM YOU 1.1. When you visit the Website or use the Service to make an Order through the Website, you may be asked to provide information about yourself including your name, contact details (such as telephone and mobile numbers and e-mail address) and payment information (such as credit or debit card information). We may also collect information about your usage of the Website and Service and information about you from the materials (such as messages and reviews) you post to the Website and the e-mails or letters you send to us.
2.2. We may use your information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Website or the Service. 2.3. Where you have indicated accordingly, you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging (e.g. SMS, MMS etc.) as well as by e-mail.
2.4. Where you have indicated accordingly, you agree that we may also share information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) and to help us analyse the information we collect so that we can administer, support, improve and develop our business and services to you.
2.5. If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in paragraph 7 below and/or amending your profile accordingly.
2.6. Please note that by submitting Reviews regarding the Website, Service and/or Restaurants, you consent to us to use such Reviews on the Website and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside (and any other information that you may from time to time consent to us disclosing).
3. DISCLOSURE OF YOUR INFORMATION 3.1. The information you provide to us will be transferred to and stored on our servers which may be in or outside the European Economic Area, and may be accessed by or given to our staff working outside the United Kingdom and third parties including companies within the CRB and its group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy or for other purposes notified to you from time to time in this policy. Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is treated in accordance with this policy.
3.3. If you have consented we may allow carefully selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about services that may be of interest to you. They may contact you by post, telephone, mobile messaging (e.g. SMS, MMS, etc.) as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know by using the contact details set out in paragraph 7 below and/or by amending your profile accordingly.
3.4. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
3.5. We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the Website Terms and any other agreement; or to protect our rights or the rights of Restaurants or other third parties. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
4. SECURITY AND DATA RETENTION 4.1. We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period or as long as the law requires.
4.2. Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transactions entered into using your name and password.
4.3. The transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5. ACCESSING AND UPDATING 5.1. You have the right to see the information we hold about you ("Access Request") and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in paragraph 7 below. In the event that you make an Access Request, we reserve the right to charge a fee of twenty pounds (£20.00) to meet our costs in providing you with details of the information we hold about you.