Terms & Condition
1.Definitions and Interpretation
“Takeaway/Restaurant/We/Us/Our” means Smokesman
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site; and
2.Access to Our Site
2.1 Access to our Site is free of charge and It is your responsibility to make any and all arrangements necessary in order to access our Site.
2.2 Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time or for any period.
3. Intellectual Property Rights
3.1. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All Content included on our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by EPOS TECHNOLOGIES LIMITED.
3.2 You are not allowed to reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use content from our Site unless given express written permission to do so by EPOS TECHNOLOGIES LIMITED.
3.3 EPOS TECHNOLOGIES LIMITED’s status as the owner and author of the Content on this site must always be acknowledged.
3.4 You may not use any Content saved or downloaded from our Site for commercial purposes without first obtaining a license from EPOS TECHNOLOGIES LIMITED. This does not prohibit the normal access, viewing, and use of our Site for general information purposes whether by business users or consumers
4. Links to Other Sites
Links to other sites may be included on our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
5.1 Nothing on our site constitutes advice on which you should rely. It is provided for general information purposes only.
5.2 We make reasonable efforts to ensure that the content on our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees that the Content is complete, accurate, or up-to-date.
5.3 Insofar as is permitted by law, we make no representation, warranty, or guarantee that our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure
6.1 To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site.
6.2 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Site or any Content included on our Site.
6.3 If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
6.4 We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our site (including the downloading of any Content from it) or any other site referred to on our Site.
7.Viruses, Malware and Security
7.1 We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and other malware. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
7.2 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site.
7.3 You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site.
7.4 You must not attack our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
7.5 By breaching the provisions of clauses 7.2 to 7.4, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach.
8. Acceptable Usage Policy
8.1 You may only use our Site in a manner that is lawful. Specifically:
8.2 We reserve the right to suspend or terminate your access to our Site
9. Privacy and Cookies
11. Contacting Us
Please ensure that your query is clear, particularly if it is a request for information about the data, we hold about you.
12. Communications from Us
12.3 For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us using the details set out in clause 12.
13. Law and Jurisdiction
13.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.
14.Pricing and Availability
Whilst we try to ensure that all details, descriptions and prices which appear on this Website/Application are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund from Golds Fish & Chips. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
15.1 All online card payments are made by either First Data and are directly transferred to Smokesman Bank account. Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a full payment against the value of the goods you wish to purchase. Once the goods have been dispatched, the monies paid shall be used for the value of goods you have purchased as listed.
15.2 For refunds, charge-backs or disputes for online paid orders, please contact directly the Takeaway/Restaurant.
15.3 Once the order has been confirmed and payment taken from your account, you will be unable to cancel your order and will not be eligible for a refund. To change or cancel your order please contact the takeaway/Restaurant directly.