Anika Balti PRIVACY AND COOKIES POLICY
Updated 31 March 2011
By visiting and/or ordering services on this 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
When you visit the Website or make a Anika Balti order through the Website, you may be asked to provide information about yourself including your name, contact details and credit or debit card information. We may also collect information about your usage of the Website and information about you from the messages you post to the Website and the e-mails or letters you send to us.
2. USE OF YOUR INFORMATION
2.1 Your information will enable us to provide you with access to the relevant parts of the Website and to supply the services you have requested. It will also enable us to bill you and to contact you where necessary concerning our services. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business and for any other statistical or analytical purpose.
2.2 We may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the Website or our services.
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 section 8 below and/or amending your profile accordingly.
2.6 Please note that by submitting comments and feedback regarding the Website and the services, you consent to us to use such comments and feedback 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.
3. DISCLOSURE OF YOUR INFORMATION
3.1 The information you provide to us will be transferred to and stored on our servers in Denmark or at a destination outside the European Economic Area, and may be accessed by or given to our staff working outside the UK and third parties including companies within the Anika Balti group of companies (which means our subsidiaries, our ultimate holding company and its subsidiaries) 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 telephone, SMS 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 section 8 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 our Website Terms and any other agreement; or to protect the rights of Anika Balti, Delivery Restaurants or others. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
Please remember, cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers.
Your browser also generates other information, including which language the site is displayed in, and your IP address. An IP address is a set of numbers which is assigned to your computer during a browsing session whenever you log on to the Internet via your internet service provider or your network (if you access the Internet from, for example, a computer at work). Your IP address is automatically logged by our servers and used to collect traffic data about visitors to our websites. We do not use your IP address to identify you personally.
We only keep cookies for the duration of your visit to our website, except where you save your login name as referred to above.
5. SECURITY AND DATA RETENTION
5.1 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.
5.2 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.
5.3 Unfortunately, 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.
6. ACCESSING AND UPDATING
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 section 8 below. In the event that you make an Access Request, we reserve the right to charge a fee of ten pounds (£10.00) to meet our costs in providing you with details of the information we hold about you.
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to Anika Balti Express – 266 Narborough Road LE3 2AP Leicestershire – Leicester.
AnikaBalti.com LTD (“Anika Balti”) WEBSITE TERMS AND CONDITIONS (“WEBSITE TERMS”)
IMPORTANT LEGAL NOTICE
This page tells you the terms and conditions on which we provide our services (“Website Terms”). Please read these Website Terms carefully before ordering any products from our Website. You should understand that by ordering products via the Website, you agree to be bound by these Website Terms.
Please click on the button marked “I Accept” at the end of these Website Terms if you accept them. Please understand that if you refuse to accept these Website Terms, you will not be able to order any products from our Website.
1. INTRODUCTION AND OUR ROLE
1.1 Anika Balti is a company registered in England and Wales
1.3 Anika Balti provides a way for you to place your orders to our restaurant / Take Away Service.
1.4 If your order is taking longer than expected or you have any other problems with your order you can contact our customer care team by calling us on 01162240225.
1.5 Customer care is extremely important to Anika Balti, therefore, in the event that you are dissatisfied with the quality of food ordered through this website, subject to paragraph 3.3 below, Anika Balti will investigate , where possible, refund to a maximum amount equivalent to the value of the original order. An important part of our quality control process is that consumers provide ratings and feedback on the website to reflect their experiences with restaurants. Please note that any complaint must be lodged with our customer care team using the method described above within 48 hours of placing the order.
1.6 You may access some areas of this Website without making a Anika Balti order, and registering your details with us. Most areas of this Website are open to everyone.
1.7 By accessing any part of this Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave this Website immediately.
1.8 Anika Balti may revise these Website Terms at any time. You should check this 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 order products from us.
1.9 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.
2. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
2.1 Once you have selected your order from the menu , you will be given the opportunity to submit your order by clicking on the “proceed” button. Please note it is important that you check the information that you enter and correct any errors before clicking on the “proceed” button since once you click on this input errors cannot be corrected.
2.2 If at any time prior to you clicking on the “proceed” button, you decide that you do not wish to proceed with your order, you should close the application window.
2.3 On receipt of your order, Anika Balti will begin processing your order and we will send you notification by email that your order has been received and that your order is being processed.
2.4 Where any payment you make is not authorised you will be returned to the previous page on the Website and we shall not be obliged to provide the services.
2.5 Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order nor will you be entitled to a refund.
2.6 Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account.
3. PRICE AND PAYMENT
3.1 Prices will be as quoted on this Website. These prices include VAT but may exclude delivery costs, which will be added to the total amount due (if you opt for delivery instead of collection), where applicable.
3.2 This Website contains a large number of menus and it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is higher than the price stated on the Website Anika Balti will normally contact you before the order in question is dispatched. Anika Balti is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
3.3 In the event that you have a complaint about the quality of food or service provided then any compensation should be sought directly by calling us.
3.4 Payment for all orders must be by credit or debit card as stated on this Website or in cash at the point of delivery to you.
3.5 A discount may apply to your order if you use a promotional code recognised by this Website and endorsed by Anika Balti.
3.6 Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account or credit card.
4.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
4.1.1 Unless otherwise stated, the copyright and other intellectual property rights in this Website and in material published on it (including without limitation photographs and graphical images) are owned Anika Balti or Anika Balti’s 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 this Website other than in accordance with paragraph 4.1 is prohibited.
4.1.2 You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
4.1.3 You must ensure that Anika Balti’s status as the authors of the material on this Website must always be acknowledged.
4.1.4 You are not allowed to use any of the materials on this Website or the Website itself for commercial purposes without obtaining a licence from Anika Balti to do so.
4.2 Except as stated in paragraph 4.1, no part of this 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.
4.3 Any rights not expressly granted in these Website Terms are reserved.
5. SERVICE ACCESS
5.1 While Anika Balti tries to ensure this Website is normally available twenty four (24) hours a day, Anika Balti will not be liable if this Website is unavailable at any time or for any period.
5.2 Access to this Website may be suspended temporarily and without notice.
5.3 Unfortunately, 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.
6. VISITOR MATERIAL AND CONDUCT
6.2 You are prohibited from posting, uploading or transmitting to or from this Website any material that:
6.2.1 breaches any applicable local, national or international law;
6.2.2 is unlawful or fraudulent;
6.2.3 amounts to unauthorised advertising; or
6.2.4 contains viruses or any other harmful programs.
6.3 You may not misuse the Website (including by hacking).
6.4 Any comments or feedback that you submit through the Website must not:
6.4.1 contain any defamatory, obscene or offensive material;
6.4.2 promote violence or discrimination;
6.4.3 infringe the intellectual property rights of another person;
6.4.4 breach any legal duty owed to a third party (such as a duty of confidence);
6.4.5 promote illegal activity or invade another’s privacy;
6.4.6 give the impression that they originate from us; or
6.4.7 be used to impersonate another person or to misrepresent your affiliation with another person.
6.5 The prohibited acts listed in paragraphs 6.2 to 6.4 above are non-exhaustive. You will pay Anika Balti for all costs and damages which it incurs as a result of you breaching any of these restrictions.
6.6 Anika Balti will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 6.2 to 6.4.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Anika Balti has not reviewed all of these third party websites and does not control (and is not responsible for these websites or their content or availability). Anika Balti does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
7.2 You may link to this Website homepage, provided that you do so in a fair and legal way which does not damage Anika Balti’s reputation or take advantage of it.
7.3 You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by Anika Balti where none exists.
7.4 The website from which you link must comply with the content standards set out in these Website Terms.
7.5 Anika Balti has the right to withdraw the linking permission at any time.
8.1 While Anika Balti tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. Anika Balti may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and Anika Balti makes no commitment to update that material. In particular, we do not promise that the information provided by the Delivery Restaurants and displayed on this Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.
8.2 Anika Balti provide you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).
8.3 You are responsible for the security of your password that you used to register with this Website. Unless Anika Balti negligently discloses your password to a third party, Anika Balti will not be liable for any unauthorised transaction entered into using your name and password.
8.4 PLEASE NOTE: Whilst Anika Balti goes to great effort to provide accurate information, item names, descriptions, prices, heat & allergenic warnings on this website, the menus are ultimately provided by the restaurants. If you are in doubt about allergy warnings or contents of a dish, it is best to confirm with the restaurant directly prior to ordering
9.1 Anika Balti may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
9.1.1 Anika Balti believes you have posted material in breach of paragraphs 6.2, 6.3 or 6.4 (Visitor Material and Conduct);
9.1.2 Anika Balti believes that you have breached paragraphs 7.2, 7.3 or 7.4 (Links to and from other websites); or
9.1.3 If you breach any other material terms of these Website Terms.
9.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
10.1 Anika Balti, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if forseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
10.2 Anika Balti takes full responsibility for the content of this Website and for the communication of orders set out in these Website Terms. Anika Balti’s customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavours to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate. Neither can Anika Balti give an undertaking that the estimated delivery and collection times stated on this Website are accurate. These disclaimers do not affect your statutory rights against the Delivery Restaurants.
10.3 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from Anika Balti’s negligence, nor Anika Balti’s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
10.4 With the exception of any liability referred to in paragraph 10.3 above, Anika Balti’s total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or £100, whichever is the lower.
10.5 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
11. GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.
12. ADDITIONAL TERMS
12.2 If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
12.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
12.4 You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
12.5 The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
13. YOUR STATUS
13.1 By placing an order through our Website, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using 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 our 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.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any contract is deemed to be suspended for the period that the 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 the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.