Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR FINE DINING INDIAN AND GREAT ITALIAN CHEFS
2 Other important legal information
3 Ownership of our site
The intellectual property rights in our site and its contents are either owned by or licensed to us. All such rights are reserved and nothing in these terms shall transfer any such rights to you. Our status (and that of any identified contributors) as the authors of the material on our site must always be acknowledged.
4 Permitted use of our site
You are permitted to retrieve and display/listen to content from our sites and to print off one copy or to download one digital copy or extract of any page(s) from our site for your personal reference.
5 Restrictions on use of our site
You must not republish or otherwise reuse any content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors. You are not permitted to download nor reuse any images, video or audio files from our site independently from their original context. You must not modify any copies you have made of content you have printed or downloaded from our site in any way.
6 Uploading material to our site
Whenever you make use of a feature on our sites which allows you to upload material or to contact other users, you must not submit any material which is, or which links to or refers to any material which: 6.1 is threatening, abusive, malicious, defamatory, obscene, indecent, pornographic or otherwise sexually explicit, blasphemous, profane, intended or likely to incite racial or religious hatred, or is otherwise objectionable or offensive in any way in terms of standards prevailing within the United Kingdom; 6.2 is unlawful or which encourages the commission of a criminal offence under UK law or any other applicable national law; 6.3 contains a virus, worm, trojan or other hostile computer program; or 6.4 infringes any intellectual property rights, data protection rights, or obligations of confidence owed to, any third party.
7 Linking to our site
You may link to our site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it (having regard both to the context of the link and the other contents of the website on which it appears), but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our sites must not be framed on any other site. We reserve the right to withdraw linking permission without notice. You agree to remove any links to our site established by you upon request.
8 Changes to our site
We aim to update our sites regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our sites may be out of date at any given time, and we are under no obligation to update such material.
9 Withdrawal of access
In the event that you breach these terms we may: 9.1 immediately withdraw your right to use our sites on a temporary or permanent basis; and/or 9.2 immediately remove any posting or material uploaded by you to our sites on a temporary basis; and/or 9.3 issue of a warning to you; and/or 9.4 in the case of a breach of term 6, disclose such information to law enforcement authorities as we reasonably feel is necessary,providing that nothing in this term shall restrict any other remedy available to us in law nor imply any obligation for us to make our site available to you on an ongoing basis.
10 Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice which you may rely on. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our sites, or by anyone who may be informed of any of its contents.
11 No endorsement of third parties
The appearance or absence of products, services, companies, organisations or other content related to third parties on these sites (whether in the form of advertising or otherwise) does not imply their endorsement or non-endorsement by us. Links from our sites to other sites and resources provided by third parties are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility or liability for them.
12 Our liability
The material displayed on our sites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and all other contributors to our site (who shall each be entitled to the benefit of this term as though they were a party to these terms) expressly exclude all loss and damage of whatever kind incurred by any user in connection with our site and any materials posted on it, including, without limiting the foregoing: 12.1 losses which were not foreseeable to us and you at the time of the relevant use of the site; 12.2 indirect losses; 12.3 consequential losses; 12.4 business losses (including loss of profit and loss of goodwill); 12.5 computer failure resulting for any reason; and 12.6 loss of data,providing that nothing in these terms shall affect our liability for death or personal injury arising from our negligence, fraud, or any other liability which cannot be excluded or limited under applicable law.
If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
14 Choice of law
These terms and any claim relating to our site between you and us (including non-contractual claims) are governed by the law of England and Wales and any legal action relating to them shall be brought in the courts of England and Wales. You are responsible for compliance with any applicable laws of the country from which you access our site.
15 Amendments to these terms
These terms were last updated on: 21st May 2020.
These terms represent the entire understanding between you and us in relation to use of our sites and its content. We reserve the right to make changes to these terms at any time without notice and you agree to be bound by any such changes. You should check this site from time to time to review the then current version of these terms. If any of these terms is deemed invalid, void, or unenforceable it shall not affect the validity and enforceability of the remaining terms.
16 Our details
www.finediningindian.com is a website owned and operated by, Food Publishing Limited.
Food Publishing Limited 53 Elm Park Gardens, London SW10 9PA Registered in England Company number: 12541853 VAT number: 347 9287 51
TERMS AND CONDITIONS FOR FINE DINING INDIAN PRODUCTS
1 Our conditions of sale
This page sets out the conditions applying to the sale of any product or products listed on our websitewww.finediningindian.com to you. Please read these conditions carefully before ordering any products from our website. By placing an order on our website you agree to these conditions.
We consider these conditions to set out the whole agreement between you and us for the sale of products.
2 Status of your order
Upon placing an order to purchase products from our website, you will receive an email acknowledging that we have received your order. We will confirm our acceptance of your order by sending you a further email which confirms that the products have been dispatched. The agreement between you and us for the sale of products is formed when we send you this dispatch confirmation. If the dispatch confirmation relates to only some of the products you have ordered it only confirms our acceptance of the order for the products to which it relates. Only those goods listed in the dispatch confirmation email sent at the time of dispatch will form the accepted agreement.
3 Price and payment
The prices payable for goods that you order are as set out in our website, except in cases of obvious error. We are under no obligation to provide products to you which have been incorrectly listed at a lower price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and could have reasonably been recognised by you as a miss-pricing.
Our prices are inclusive of VAT unless otherwise stated. We must receive payment in full before your order can be accepted. We accept payment by credit and debit card as well as PayPal.
4.1 We will deliver the products ordered by you to the address you give us for delivery at the time you make your order. 4.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. 4.3 You will become the owner of the products you have ordered when they have been delivered to you. Once products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
5 Your right to cancel your order
If you are contracting as a consumer you are entitled to cancel your order at any time within fourteen working days, beginning on the day after you received the products. To cancel an order, you must inform us in writing and by return we will issue you with a Returns Authorisation Number (RAN), which you must include in your return to ensure your refund is made promptly. You should immediately send back the products to us in their original condition, at your own cost and risk. If we do not receive the products back from you, we may arrange for collection of the products from you at your cost to: Food Publishin Ltd, Returns Dept, 53 Elm Park Gardens, London SW10 9PA.
We strongly recommend your return is made using a Recorded Delivery Service to ensure we receive it.
You will not have any right to cancel an order for the supply of any of the following products: • perishable goods; • goods made or customised to your personal specification; • newspapers or magazines;
6 Our refunds policy
Cancellation of your order in accordance with condition 5 will (provided we receive back the goods in their original condition) entitle you to a full refund of the price paid for the relevant products (including delivery charges) less any costs incurred by us in arranging to collect the products from you if you do not return them. In the unlikely event that the products we deliver are not what you ordered; or are damaged or defective; or the delivery is of an incorrect quantity, please let us know as soon as possible after delivery. We will ask you to return the products to us at our cost and once we have confirmed the problem we will at your option: 6.1 make good any shortage or non-delivery; 6.2 replace or repair any products that are damaged or defective; or 6.3 refund to you the amount paid by you for the products in question
These conditions apply to any replaced or repaired products.
7 Our liability
We warrant to you that any product purchased from us through our website will be of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. We will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us at the time we accepted your order. We will not be responsible for any business loss (including loss of profit, business, anticipated savings, data, goodwill or wasted time or expenditure). You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our site. The importation or exportation of certain of our products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase.
Nothing in these conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or to limit our liability to you for fraud or for any death or personal injury resulting from our negligence.
8 Choice of law
Contracts for the sale of products through our site are governed by English law and any legal action relating to our contracts may be brought in the English courts.
All notices given by you to us must be given to Food Publishing Ltd at 53 Elm Park Gardens, London SW10 9PA or firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order.
10 Amendments to these conditions
We reserve the right to make changes to these conditions at any time. The conditions in force at the time you order products from us will apply, unless any change to these conditions is required to be made by law or government authority, in which case it will apply to orders previously placed by you. If any of these conditions is deemed invalid, void, or unenforceable it shall not affect the validity and enforceability of the remaining conditions.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
12 Our details
www.finediningindian.com is a website owned and operated by, and trade name of, Food Publishing Ltd.
Food Publishing Limited 53 Elm Park Gardens, London SW10 9PA Registered in England & Wales Company number: 12541853 VAT number: 347 9287 51
FINE DINING INDIAN MEMBERSHIP CLUB TERMS AND CONDITIONS
- Information about us and these terms and conditions
1.1. We are Food Publishing Limited, a company incorporated in England and Wales with company number 12541853, whose registered office is at 53 Elm Park Gardens, London, United Kingdom, SW10 9PA.
1.2. When you submit your FINE DINING INDIAN membership club application through our website sign-up form (see link here [INSERT LINK]) (Membership Form), that Membership Form will be subject to these terms and conditions (T&Cs). The Membership Form, together with these terms and conditions and our general Terms and Conditions (see above) form the Agreement between us and you. Please read them carefully before you sign-up and start to use your FINE DINING INDIAN membership as these will apply to your use of it.
1.3. When we refer to “you” or “your” in these T&Cs, we mean the individual named on the Membership Form.
1.4. You can contact our customer service team at email@example.com or firstname.lastname@example.org or by mail at Food Publishing Limited, 53 Elm Park Gardens, London SW10 9PA
1.5. You must be at least 18 years of age to become a member.
1.6. The minimum membership term is 1 month.
- Membership Form
2.1. The Membership Form is an offer by you to become a member of our FINE DINING INDIAN membership club subject to these T&Cs. Your Membership Form is only accepted when we process your payment and confirm acceptance in writing by email to you, at which point your membership (Membership) will begin. We reserve the right to refuse to accept any membership application for any reason.
2.2. You must ensure that the information you provide to us (including the details on the Membership Form) is correct (and inform us if any information changes) and co-operate with us in all matters relating to your Membership.
2.3. Your Membership is personal to you and you may not transfer your rights or obligations under the Agreement to any other person without our prior written agreement.
- Membership and Membership Benefits
3.1. During, and as part of, your Membership, you will have access to certain content and benefits which relate to your chosen Membership Level either Silver or Gold as shown in the Membership Form. The specific membership benefits you will receive will vary depending on your Membership level. Please see the members area on our website for the specific content and benefits you may access applicable to your Membership Level (Membership Benefits).
3.2. To access and take advantage of any Membership Benefits available through the members area on our website you will need to register for an account through our website. As part of that process you will be required to create a username (which will be your email address) and a password. You must treat such information as confidential and you must not disclose it to any third party.
3.3. We reserve the right to suspend or terminate your account at any time if we reasonably suspect you are in breach of any applicable terms of access or this Agreement.
3.4. If you know or suspect that anyone other than you knows your username or password you should promptly notify us at email@example.com or firstname.lastname@example.org
3.5. We continually review and update our Membership Benefits, and reserve the right to amend, remove or replace any Membership Benefits as we see fit.
3.6. We make no guarantee that access to our website or the members area will be uninterrupted or error free.
3.7. We may provide information on, referrals to, or discounts or recommendations for, products or services provided by third parties. We have no control over those third parties, or their products or services, and we are not responsible for those third parties or their products or services. You use the products or services of such third parties at your own risk and any contract will be with them, and we are not responsible for your relationship with them.
3.8. The Gold birthday gift incentive is valid for annual members after 14 days of membership and for monthly members after three months of membership. Members must enter their date of birth and then follow email or pop-up instructions to be able to redeem their annual birthday gift.
3.8.1. Gold annual members will receive a belated birthday gift if their birthday was in these initial 14 days once day 15 of membership has been reached.
3.8.2. Gold monthly members will receive a belated birthday gift if their birthday falls in the 14 day period before three months of membership has been reached.
- Gifting a membership
4.1. Annual Silver and Gold memberships can be purchased via FINE DINING INDIAN.
4.2 All membership voucher codes will be valid for one year from the purchase date. The recipient must retrieve their gift within this time or the voucher code will be void.
5.1. Any content provided, whether as part of our Membership Benefits or otherwise, is for general information and guidance only. Although we make reasonable efforts to update content, we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for your use of it. Before acting on such content, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. In particular where you are following a recipe, it is your responsibility to check that all ingredients are appropriate for you and your diners, especially if any of you have any medical conditions or allergies. If you have any doubts about whether you can consume any ingredients included in one of our recipes, you should seek advice from your doctor. We make no representations, warranties or guarantees, whether express or implied, that the content provided is accurate, complete or up to date.
- Duration, fees and payment
6.1. Where you elect on the Membership Form for an annual membership, your Membership runs for 12 months (Annual Membership Term) and this Agreement shall automatically renew at the end of the Annual Membership Term.
6.2. Your Annual Membership fee is set out on the Membership Form, and is payable in full in advance.
6.3. Where you elect on the Membership Form for a monthly membership, your Membership shall run on a monthly basis. Each months membership is payable in advance of each month. If no payment is received, this Agreement shall automatically expire at the end of the month to which payment was last received by us in advance of.
6.4. Your Monthly Membership fee is set out on the Membership Form.
6.5. We only accept payment by direct debit and credit card.
- Your right to cancel the Agreement because you have changed your mind
7.1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Contracts Regulations) you may cancel the Agreement within a period of 14 calendar days (Cancellation Period) from the date we have confirmed acceptance of your Membership.
7.2. You must inform us of your decision to cancel by using one of the following methods within the Cancellation Period:
7.2.1. Sending the attached Model Cancellation Form or other written notice to us by email to: email@example.com or firstname.lastname@example.org
7.2.2. Sending the attached Model Cancellation Form or other written notice to us by post to: Food Publishing Limited, 53 Elm Park Gardens, London SW10 9PA
7.3. On valid cancellation in accordance with this clause 6, you will be entitled to a full refund of any monies paid by you for the Membership.
7.4. Refunds will be made using the same method of payment as you used for the purchase (including to the same originating bank account) and will be paid within 14 calendar days of you informing us of the cancellation.
7.5. Your right to cancel under this clause 6 and obtain any refund will be lost if you use your Membership during the Cancellation Period and any of the Membership Benefits have been provided to you.
7.6. For further details of your rights under the Consumer Contracts Regulations you can visit your local Citizens’ Advice Bureau or visit the Competition and Markets Authority website.
- Your right to end the Agreement because we have done something wrong
8.1. If you are ending the Agreement because you have a legal right to end the Agreement because of something we have done wrong you must notify us in writing and the Agreement will end immediately and we will refund you in full any sum you have paid which relates to the period after the date of termination.
- Our right to end the Agreement
9.1. We may terminate this Agreement if:
9.1.1. you do not make any payment to us when it is due; or
9.1.2. you break any other important term of our Agreement.
9.2. Where we terminate this Agreement for the reasons set out in clause 8.1 we shall notify you of this in writing and the Agreement shall end immediately. You shall not be entitled to any refund of money paid.
- Consequences of ending the Agreement
10.1. Where the Agreement ends, for any reason, your Membership (as well any rights to use or enjoy any Membership Benefits, including access to the members area of our website) will automatically terminate, our and your liabilities as at termination shall be unaffected, and clauses which expressly or by implication survive termination shall continue in full force and effect.
- Data protection and security
11.1. Details of how we protect and use personal data are set out in our privacy notice at https://www.finediningindian.com/policies
- Intellectual property rights
12.1. We (and/or our licensors) own all copyright, trade marks, designs rights and other intellectual property rights in the Membership Benefits and any other content made available by us. All such rights are reserved and nothing in these terms shall transfer any such rights to you.
12.2. You are permitted to retrieve and display/listen to content from our website and to print off one copy or to download one digital copy or extract of any page(s) from our website for your personal use.
12.3. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
12.4. You must not republish or otherwise reuse any content on our website for commercial purposes without obtaining a licence to do so from us or our licensors. You are not permitted to download nor reuse any images, video or audio files from our site independently from their original context. You must not modify any copies you have made of content you have printed or downloaded from our website in any way.
12.5. If you print off, copy or download any part of our site in breach of this clause 11, your Membership will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Limitation of our liability
13.1. Nothing in these T&Cs excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
13.2. If we fail to comply with these T&Cs, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen
13.3. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to your Membership, whether express or implied.
13.4. Membership is for your own personal use and is not to be used by you for any commercial or business related purposes. If it is we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Changes to these T&Cs
14.1. Where it is necessary to change these T&Cs, we shall give you at least 30 days’ notice. If such change materially alters your position as a consumer, we shall give you the option to cancel your Membership and receive a refund of any monies paid by you which relates to the period of the Membership Term after the date of termination
- Governing Law
15.1. These T&Cs are governed by English law and you can bring legal proceedings in respect of your Agreement with us in the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Food Publishing Limited
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following services:
FINE DINING INDIAN Membership Club
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
TERMS AND CONDITIONS FOR THE FINE DINING INDIAN REFER A FRIEND SCHEME:
1.1 Members of the FINE DINING INDIAN Club must refer five friends for an annual Gold membership in order for the referee to be rewarded an annual Gold membership.
1.2 All five referred friends must be annual Gold members for a minimum of 14 days before the referee gets their annual Gold membership reward.
- Existing members
2.1 Existing annual Gold members will have their Gold membership extended for a year once their current membership expires, once five friends are members for 14 days.
2.2 Existing monthly Gold members will be moved up to the annual Gold membership option for a year, once five friends are members for 14 days.
2.3 Existing annual Silver members will have their Silver membership cancelled and be moved to the annual Gold membership option for a year, once five friends are members for 14 days.
2.4 Existing monthly Silver members will have their Silver membership cancelled and be moved to the annual Gold membership option for a year, once five friends are members for 14 days.
Members of the FINE DINING INDIAN Club can refer more than five friends but will only be rewarded when the first five become members for a minimum of 14 days.
Referred friends will receive an email from FINE DINING INDIAN with information on who referred them and how they can sign up for a Gold membership.
- Other notes
You cannot refer the same person more than once.
TERMS AND CONDITIONS FOR BLUE LIGHT CARD HOLDERS:
1. This offer is exclusive to members of Blue Light Card Ltd.
2. The offer can only be redeemed on www.finediningindian.com.
3. This offer cannot be used in conjunction with any other offers or discount codes.
4. This offer is non-transferable and can only be used by Blue Light Card holders.
5. Once the code is redeemed, your membership will auto-renew each year for three years at the prevailing discounted rate at the time of renewal. After this three year period your membership will be auto-renewed at the full membership price of £42 per year (subject to change). You may cancel this beforehand or within the 14-day grace period.
6. Food Publishing Ltd. has the right to amend these T&Cs or discontinue the offer at any time.
7. Full membership T&Cs can be found above.