Effective Date: December 01, 2018
Last Updated: December 01, 2018
1. THIS IS AN AGREEMENT BETWEEN YOU AND Taste of Kathmandu LTD.
In consideration of the terms and conditions contained herein and for other good and valuable consideration mutually agreed, this is an agreement (“Agreement”) between You, the restaurant (“You” and/or “Your”) and Taste of Kathmandu Ltd.. This Agreement governs Your use of any Website or webpage owned or operated by Taste of Kathmandu (“Website” or “Websites”). This Agreement also governs Your access to, use of, viewing of information, receipt of an order request or table booking request, payment to Taste of Kathmandu, the marketing of Your restaurant, the linking to another website, any additional services provided by Taste of Kathmandu and the use of any software provided by a Website (“Service” and/or “Services”), all of which IS CONDITIONAL ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, and 10); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST PROVIDE WRITTEN NOTICE TO TASTE OF KATHMANDU THAT YOU WANT TASTE OF KATHMANDU’S SERVICES TO YOU TO BE STOPPED IMMEDIATELY. FAILURE TO PROVIDE SUCH NOTICE WITHIN FOURTEEN DAYS OF YOUR FIRST USE OF A WEBSITE OR RECEIPT OF YOUR FIRST ORDER REQUEST SHALL BE DEEMED AS YOUR ACCEPTANCE OF THESE TERMS.
2. HOW TASTE OF KATHMANDU MAY MODIFY THIS AGREEMENT
Taste of Kathmandu reserves the right to change the terms, conditions, privacy policies, cookie policies and notices under which it offers a Website or a Service, including any charges associated with the use of a Website or a Service. You are responsible for regularly reviewing these terms, conditions, privacy policies, cookie policies and notices, and any additional terms posted on an Taste of Kathmandu Website. Your continued use of a Website or a Service after the effective date of such changes constitutes Your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any Taste of Kathmandu Website may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Taste of Kathmandu Website or a Service, including without limitation, particular features or offers (for example, promotions, discounts or coupons). If any terms contained in this Agreement conflict with any terms contained within an Taste of Kathmandu Website or a Service, then the terms in the Taste of Kathmandu Website or the Service shall control.
4. NO UNLAWFUL OR HARMFUL USE OF THIS WEBSITE
You will not use a Website or a Service in any way that is unlawful, or harms Taste of Kathmandu, its affiliates, Taste of Kathmandu’s customers, Your customers, resellers, third party restaurants, distributors, service providers and/or suppliers (each, an “Taste of Kathmandu Party” and collectively, the “Taste of Kathmandu Parties”) or any customer of an Taste of Kathmandu Party, as determined in Taste of Kathmandu’s sole discretion. Taste of Kathmandu may tell You about certain specific harmful uses in a code of conduct or other notices available through an Taste of Kathmandu Website, but has no obligation to do so. You may not use a Website or a Service in any way that breaches any code of conduct, policy or other notice applicable to a Website or a Service. Without limiting the generality of this section, You may not use a Website or a Service in any manner that could damage, disable, overburden, or impair any Taste of Kathmandu Website (or the network(s) connected to any Taste of Kathmandu Website) or interfere with any other party’s use and enjoyment of Taste of Kathmandu Websites or Services.
5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials You post or otherwise provide to Taste of Kathmandu, including but not limited to Your menus, prices, contact details, telephone numbers, logos, text, offers, urls, various login credentials, images or trademarks (a “Submission”), You hereby grant Taste of Kathmandu a perpetual, royalty free, irrevocable and fully transferable license to all of Your rights, including any intellectual property rights and associated moral rights in the Submission. Furthermore, You grant Taste of Kathmandu the right to (1) use, copy, distribute, transmit, compile, publicly display, reproduce, edit, modify, translate and reformat Your Submission and (2) sublicense its rights, to the maximum extent permitted by applicable law. For each Submission, You warrant that You have all rights necessary for You to grant the said licence in this section.
To the maximum extent permitted by applicable law, Taste of Kathmandu may monitor Your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring Your compliance with this Agreement, and protecting the rights, property, and interests of the Taste of Kathmandu Parties or any customer of a Taste of Kathmandu Party or any governmental body.
Your use of any software associated with a Website or a Service will be governed by the terms and conditions of the end user license agreement (“EULA”) associated with such software. Taste of Kathmandu reserves all rights to such software not expressly granted to You in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Taste of Kathmandu or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Taste of Kathmandu may automatically check Your version of such software and may automatically download upgrades to such software to Your computer to update, enhance and further develop a Website or a Service.
7. INFORMATION AVAILABLE FROM THIS WEBSITE
Taste of Kathmandu does not warrant or guarantee the accuracy or timeliness of any information available from a Website or provided as part of a Service, including but not limited to Your Submissions, even if such information appears in any e-mail, pager, mobile phone or other alerts available through Taste of Kathmandu Website. Taste of Kathmandu does not authorise the use of information available from a Website or a Service, including financial and marketing information, for any purpose other than personal use, and prohibits to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
A Website or a Service may be unavailable at certain times to allow for maintenance, upgrades or technical failures. Although Taste of Kathmandu will endeavour to notify You in advance of any service unavailability, this cannot be guaranteed and Taste of Kathmandu reserves the right to alter or withdraw the service at any time without recourse by You.
8. TASTE OF KATHMANDU MAKES NO WARRANTY
TASTE OF KATHMANDU PROVIDES ITS WEBSITES AND ITS SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Taste of Kathmandu MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. TASTE OF KATHMANDU DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF A WEBSITE OR A SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL TASTE OF KATHMANDU OR TASTE OF KATHMANDU PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF A WEBSITE OR A SERVICE, EVEN IF SUCH TASTE OF KATHMANDU OR TASTE OF KATHMANDU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH A WEBSITE OR A SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST TASTE OF KATHMANDU OR ANY TASTE OF KATHMANDU PARTY WITH RESPECT TO THIS AGREEMENT OR A WEBSITE OR A SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR THE SERVICE.
You also agree to indemnify and hold Taste of Kathmandu, its directors and Taste of Kathmandu Parties harmless and to keep them indemnified against all direct or indirect loss, costs, expenses – including legal expenses, damages or claims arising from Your use of a Website or a Service.
You agree and acknowledge that a Website, or part of a Website, is being made available to You free of charge. Charges do apply and You are fully liable for these Charges for any other Service or Services provided to You by Taste of Kathmandu.
Notwithstanding the foregoing, nothing in this Agreement shall exclude or limit Taste of Kathmandu’s liability for death or personal injury resulting from Taste of Kathmandu’s negligence.
10. CHANGES TO A WEBSITE OR SERVICE; ADDITIONAL LIABILITY LIMITATION
TASTE OF KATHMANDU MAY CHANGE A WEBSITE OR A SERVICE OR DELETE FEATURES OR CONTENT IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As You use a Website or a Service, You should expect to receive, access or use information, materials, graphics, software, data and content (collectively, “Content”) originated by TASTE OF KATHMANDU and TASTE OF KATHMANDU Parties. WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT TASTE OF KATHMANDU IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT TASTE OF KATHMANDU IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THIS WEBSITE, (2) ANY INCOMPATIBILITY BETWEEN THIS WEBSITE AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THIS WEBSITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THIS WEBSITE, OR (5) THE CONTENT OF ANY SUBMISSION. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
11. TERMINATION; ACCESS RESTRICTION
Taste of Kathmandu may terminate this Agreement, or terminate or suspend Your access to a Website or a Service at any time, with or without cause, with or without notice. Upon such termination or suspension, Your right to use a Website or a Service will immediately cease without recourse by You. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON A WEBSITE OR A SERVICE MAY NOT BE RETRIEVED LATER EXCEPT AS PROVIDED BY LAW.
12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the England and Wales, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of England and Wales.
13. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Taste of Kathmandu may assign this Agreement, in whole or in part, at any time with or without notice to You. You may not assign this Agreement, or assign, transfer or sublicense Your rights, if any, in a Website or a Service. Except as expressly stated herein, this Agreement constitutes the entire agreement between You and Taste of Kathmandu with respect to Websites and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Taste of Kathmandu with respect to a Website or a Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND TASTE OF KATHMANDU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO A WEBSITE OR A SERVICE MUST COMMENCE WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. INTELLECTUAL PROPERTY
A Website is copyright Taste of Kathmandu Ltd. All material contained in a Website, including Submissions, or as part of a Service is the property of Taste of Kathmandu or used under license. You may not use, copy or publish information from a Website or a Service nor will you assist or request others to do so without Taste of Kathmandu ’s prior written consent.
You hereby agree and acknowledge that all trademarks, databases, website addresses (i.e. URLs), Submissions, source code and software are owned by or properly licensed to Taste of Kathmandu and may not be used without prior written consent. The only exception to this rule is if You can demonstrate ownership of a web address (i.e. URL) and associated email addresses which Taste of Kathmandu then uses to provide a Website to You. In which case, Taste of Kathmandu agrees and acknowledges that You own the website address (i.e. URL) and the associated email addresses only.
For the avoidance of doubt, You agree and acknowledge that all loyalty programme data, usage data, traffic data, statistics, website addresses (i.e. URLs), email addresses, customer provided content and information, website copy and graphic designs are owned by Taste of Kathmandu and You will not contest these rights.
Taste of Kathmandu agrees that the data contained solely and exclusively in Your list of customer names, customer addresses and customer phone numbers and the list of ordered items by each customer are owned by You (“Restaurant Data”). Now therefore, You hereby grant Taste of Kathmandu a perpetual, royalty free, irrevocable and fully transferable license to all of Your rights, including any intellectual property rights and associated moral rights in the Restaurant Data. Furthermore, You grant Taste of Kathmandu the right to (1) use, copy, distribute, transmit, compile, publicly display, reproduce, edit, modify, translate and reformat Your Restaurant Data and (2) sublicense its rights, to the maximum extent permitted by applicable law. You warrant that You have all rights necessary for You to grant the said Restaurant Data licence in this section. You also agree to indemnify Taste of Kathmandu against any illegal or improper use of the Restaurant Data by You or those with whom You have shared the Restaurant Data including, but not limited to, not having the appropriate registrations from the Information Commissioner to process the Restaurant Data and/or not having evidence that You have obtained proper permission to market to the customer via any channel.
In the event that You add, delete or modify Your Restaurant Data in any way, You agree to indemnify and hold Taste of Kathmandu harmless from the results of Your actions. For the avoidance of doubts, this includes but is not limited to, situations where You have deleted or modified a customer order and now there is a discrepancy between You and Your customer’s claims. Therefore, You agree and acknowledge Taste of Kathmandu is independent and not a party to the disagreement and You accept complete liability for any claim made against You as a result of said deletions or modifications.
Any intellectual property rights not explicitly granted herein are reserved by Taste of Kathmandu.
16. ORDER PLACEMENT
Taste of Kathmandu works hard to provide high value order requests for Your restaurant. However Taste of Kathmandu accepts no responsibility or liability for the quality or quantity of the order requests or table booking requests Taste of Kathmandu sends to You. As a result, You acknowledge and accept responsibility to thoroughly check that You are satisfied with the contents of each order request Taste of Kathmandu sends to You.
All questions regarding an order request or table booking request should be directed to the person who made the order. The contact information provided by the person making the order will be included on each order request Taste of Kathmandu sends You.
After Taste of Kathmandu submits an order request or a table booking request to You, Taste of Kathmandu will send the person making the order an email message to acknowledge that Taste of Kathmandu has passed this order request or table booking request onto You, the restaurant. This acknowledgement email IS NOT AN ACCEPTANCE OF THE ORDER OR TABLE BOOKING. Only You, the restaurant can legally accept any order or table booking request made to You. As a result, You are solely responsible for ensuring and satisfying all of Your requirements are met prior to accepting an order or table booking.
You acknowledge and agree that all food, goods and services provided, including delivery, are Your sole responsibility.
Taste of Kathmandu accepts no responsibility for the sale of alcohol or tobacco to minors. You warrant that if you sell alcohol or tobacco through a Website, that you are legally entitled to do so and You are satisfied the buyer is also legally entitled to make the purchase.
You hereby authorise Taste of Kathmandu to collect money on Your behalf to facilitate the customer payment process, to cover Your Charges or recoup overdue and outstanding debt. In cases of Your Charges or overdue debt, You agree and grant Taste of Kathmandu the right to collect funds on Your behalf. For online payments, payment details will be sent using secure communication protocols. For any claims made in relation to an order, You agree and acknowledge that Taste of Kathmandu has the right and in its sole discretion to refund users and with-hold the amount of the refund from You.
All prices published on a Website and provided by You to Taste of Kathmandu for publishing include VAT, where applicable. All payments are settled in the lawful money of the United Kingdom, currently pounds sterling.
Taste of Kathmandu makes no representations about Your restaurant, its quality, its service or its fitness for purpose. Nor does Taste of Kathmandu attest to the availability, technical merit or legal right of You to provide food, drink, alcohol or tobacco services. You accept full responsibility for the goods, services and food provided by You.
18. NO WAIVER
No failure or delay on the part of Taste of Kathmandu to exercise its rights nor any default by Taste of Kathmandu shall be construed to prejudice Taste of Kathmandu’s right of termination or cancellation for default or for any other subsequent defaults.
You agree to keep you password protected and confidential at all times. You are fully responsible for all activities and orders processed through Your use of a Website or a Service. You therefore agree to indemnify and hold Taste of Kathmandu and its directors harmless against any use, authorised or otherwise, of Your account and/or a Website or a Service.
20.1 “Charges” mean the fees due for any and all Services provided by Taste of Kathmandu, including any service charges, as set out in this Agreement
20.2 You shall pay Taste of Kathmandu the Charges in accordance with this Clause 20 or other mutually agreed and written terms.
20.3 Taste of Kathmandu shall charge You in monthly arrears for the Services provided.
20.4 Taste of Kathmandu is authorised to accept payment for the full amount of these Charges using a Direct Debit on Your bank account or any online payments made through a Website.
20.5 You agree to provide Taste of Kathmandu with a bank account and sort code and to sign off a Direct Debit mandate from which Taste of Kathmandu will make these Direct Debits. If you do not provide this information, You agree to pay the current service charge(s) as determined by Taste of Kathmandu from time to time and which currently stand at £15.00 per month, plus VAT.
20.6 If You have any questions regarding any Charges that have been applied to Your account, You must contact Taste of Kathmandu’s customer service department within 30 days of the payment date. Failure to question a Charge within the 30 day period will be deemed as irrevocable acceptance of the Charge. Failure to use the Service will not be deemed a basis for refusing to pay any Charges submitted by Taste of Kathmandu in accordance with this Agreement.
20.7 All Charges are expressed exclusive of Value Added Tax. You shall pay all such Value Added Tax, in addition to the Charges, in the manner and at the rates prescribed by law from time to time.
20.8 If You fail to make any payment to Taste of Kathmandu under this Agreement on the due date then, without prejudice to any other right or remedy available to Taste of Kathmandu, Taste of Kathmandu may charge You the sum due at the rate of 8% per annum above the base lending rate of the Royal Bank of England prevailing on the due date, from the due date for payment until the date on which the obligation to pay such sum is discharged.
20.9 Taste of Kathmandu reserves the right to suspend or terminate Your Service without notice upon rejection or failure of completion of any Charge when Taste of Kathmandu believes You are liable for the Charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Taste of Kathmandu. For the avoidance of doubt, Charges for a Service will continue to accrue despite the loss of Service caused by a Customer’s non-payment.
20.10 All payments in relation to Service provided by Taste of Kathmandu are non-refundable. However, in exceptional circumstances refunds may be given at the sole discretion of Taste of Kathmandu’s Chief Executive Officer.
20.11 Termination of this Agreement, however caused, will not invalidate
any claim by Taste of Kathmandu for monies due for Services provided prior to termination, and such monies will remain payable to Taste of Kathmandu by You as per the terms and conditions of this Agreement.
20.12 In consideration of Taste of Kathmandu sending You order requests, You agree to pay the going rate for the Service and/or any applicable Charges.
20.13 Any other service or new service specification will be charged at the going rate.
20.14 Taste of Kathmandu will transfer money collected by Taste of Kathmandu through online payment methods net of any Charges, overdue amounts or interest on a monthly basis via a BACS transfer. You therefore agree to provide Taste of Kathmandu with the sort code and bank account of the account into which You want Taste of Kathmandu to deposit the funds. If you fail to provide an active sort code and account number, You forfeit Your right to claim these funds after 90 days and the money becomes the property of Taste of Kathmandu. Moreover, any disputes over the amount of money You are entitled to receive as a refund must be made within 90 days of the first transaction being disputed.
20.15 You accept full responsibility and agree to indemnify and hold Taste of Kathmandu harmless for any errors, omissions or lack of payment to You on transactions that result from incorrect banking information or lack of banking information provided by You to Taste of Kathmandu. For the avoidance of doubt, this includes not updating Taste of Kathmandu with new bank details for any reason.
21. DATA PROCESSING
Under the Data Protection Act 1998, Taste of Kathmandu is deemed to be the (“the Data Controller) and
You are deemed to be the (“the Data Processor”)
21.1 Where as this Section 21 ensures the protection and security of data passed from the Data Controller to the Data Processor for processing and
21.2 Where as paragraphs 11 and 12 of Part II of Schedule 1 of the Data Protection Act 1998 place certain obligations upon a Data Controller to ensure that any Data Processor it engages provides sufficient guarantees to ensure that the processing of the data carried out on its behalf is secure and
21.3 Where this Agreement exists to ensure that there are sufficient security guarantees in place and that the processing complies with obligations equivalent to those of the 7th Data Protection Principle, Taste of Kathmandu and You further agree:
21.4.1 “Data” for the purposes of this Agreement means any data collected or obtained through an Taste of Kathmandu Website, including, but not limited to personal data, name, address, mobile phone number, email address, user preferences and settings, order information, special requests, dates, times and order reference identification numbers or any other information contained as part of the order request Taste of Kathmandu sends to You.
21.4.2 “Processing” shall mean any operation or set of operations which is/are performed upon personal data, (whether or not by automatic means) including collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation use, disclosure by transmission. dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction. Such processing may be wholly or partly by automatic means or processing otherwise than by automatic means of personal data which form part of a filing system or one intended to form part of a filing system. A filing system shall mean any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographic basis.”
21.5 Application: subject to the provision in Section 21.9, this Agreement shall apply to all Data sent by the Data Controller to the Data Processor.
21.6 Purpose of Processing: the Data Processor shall process the Data it receives from the Data Controller solely for the purposes of fulfilling the order request and for no other purpose except with the express written consent of the Data Controller.
21.7 Security and Confidentiality of Data
21.7.1 The Data Processor shall use its best endeavours to safeguard the Data from unauthorised or unlawful processing or accidental loss, destruction or damage and acknowledges that it has implemented the technical and organisational measures to prevent unauthorised or unlawful processing or accidental loss or destruction of the Data.
21.7.2 The Data Processor shall ensure that each of its employees, agents or subcontractors are made aware of its obligations with regard to the security and protection of the Data and shall require that they enter into binding obligations with the Data Processor in order to maintain the levels of security and protection provided for in this Agreement.
21.7.3 The Data Processor shall not divulge the Data whether directly or indirectly to any person, firm or company without the express consent of the Data Controller except to those of its employees, agents and subcontractors who are engaged in the processing of the Data and are subject to the binding obligations herein referred to in this Agreement.
21.7.4 The Data Processor shall ensure by written contract that any agent or subcontractor employed by the Data Processor to process Data to which this Agreement relates also provides the Data Processor with a plan of the technical and organisational means it has adopted to prevent unauthorised or unlawful processing or accidental loss or destruction of the Data and confirms to the Data Processor the implementation of those means.
21.8 Liability: The Data Processor’s liability to the Data Controller for any loss or damage of whatsoever nature suffered or incurred by the Data Controller or for any liability of the Data Controller to any other person for any loss or damage of whatsoever nature suffered or incurred by that person shall to the extent permitted by law not exceed £100,000.00.
21.9 You agree that the terms of Section 21.7 shall survive the termination of this Agreement and shall Continue in full force and effect until all Data are returned to the Data Controller.
22. SALE OF THIRD PARTY PRODUCTS OR SERVICES
From time to time, Taste of Kathmandu may offer third party products or services to You. This may include, but is not limited to printers, faxes and printed materials. You hereby agree and acknowledge that, to the fullest extent of applicable law permits, these products or services are sold “as is” with no warranty intended or implied by Taste of Kathmandu.