Terms of Use
Welcome to the Nosh-up.com website. We hope that we can be of service to you.
Please note the "Terms of Use" and the "Privacy Policy" of this website. You can only use this website in accordance with those "Terms of Use".
This Site is made available by Realtime Store Limited and its subsidiaries, affiliates, parent companies, trading divisions and any of their related businesses are referred to in these Terms of Use as "we", "us" or "our".
Realtime Store Limited of Ingles Manor, Castle Hill Avenue, Folkestone, Kent, CT20 2RD, operates this website, and is entitled to define the precise terms under which this website can be used. These pages of this website define such Terms of Use (these Terms of Use).
You can only use this website in accordance with these Terms of Use and subject to the Privacy Policy (which can be found elsewhere on this website). If you do not agree to each of these Terms of Use and the Privacy Policy, you are not allowed to use this website in any way and for any reason. These Terms of Use must be read with and do not affect your statutory rights under the laws of England and Wales.
If you breach these Terms of Use in any way, your permission to use this website in any way will be immediately terminated without further notice to you, and also without prejudice to any rights and/or claims, which Realtime Store Limited and/or any of its directors and/or any of its employees and/or any of its agents and/or any of its licensors may have against you.
1. Rights - All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof at this Site) are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms of Use or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
2. Intellectual Property - We, and our licensors, are the owner and/or authorised user of all trade marks, service marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms of Use, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. You must not use or copy any intellectual property contained in any way in or associated with this website except as provided in these Terms of Use.
3. Copying - You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
4. Acceptable Usage Policy - The following examples constitute a misuse of the Site:
(a) any unlawful, illegal, obscene or criminal purpose, or to assist in any way an unlawful, illegal, obscene or criminal purpose.
(b) reproduction of any part of this website.
(c) use of this website for any business or commercial or profit making purpose, or any purpose related or ancillary thereto.
(d) attempt to change or to modify any part or element of this website, or its contents or its supporting software.
(e) establish any link or connection with this website not expressly authorised in writing by Realtime Store Limited.
This list only serves to provide examples and is not meant to be an exclusive list of the type of misuses of the Site that may result in the restriction, suspension or termination of your access to the Site. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.
5. You must keep confidential any secrets or confidential information of any sort which is disclosed to you for the purpose of or in the course of accessing and using this website.
6. You warrant the truth and accuracy of all information which you may supply in the course of using this website.
7. If there is a breach of either of the terms in paragraphs 5 and 6 above, you will inform Realtime Store Limited immediately of the precise nature and extent of such breach.
8. No Warranties - Realtime Store Limited gives no warranty or representation of any kind as to the accuracy, reliability, fitness for purpose or satisfactory quality of this website, or the operation of the website, or any part or element of its content, or any other communication from Realtime Store Limited and to you. This Site is provided "as is," and your use thereof is at your own risk. We, our officers, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be free from viruses. although we take reasonable steps to secure the Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorized access or use. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
9. Takeaway and/or takeaway goods and services and third party goods and services - we do not vouch for those persons, companies and other organisations whose goods or services may be accessed or displayed or purchased through or on the Site. When you order food through "Nosh-up.com" remember that the contract is with the takeaway and you will be subject to their terms and conditions if any. Please note that once you have placed your order it cannot be cancelled.
If you, the user, choose to order food via this website online food ordering service, you, the user, consent and agree that information provided shall be transmitted to the business you selected via a non-secure e-mail, fax transmission and/or cell phone text message or via a secure electronic method in accordance with Realtime Store Limited's Privacy Policy. You, the user, agree that Realtime Store Limited is not responsible for lost or misdirected online food orders regardless of cause. You, the user, acknowledge and agree that Realtime Store Limited will maintain a permanent record of such online food orders. You, the user, agree to indemnify and hold harmless Realtime Store Limited, its directors, officers, employees, agents, from any claim including reasonable legal fees arising from or related to your online food order.
10. Your responsibility - You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment.
In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party's consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Policy and the uses which we may make of such information.
11. No liability - To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential ,or otherwise) suffered by you as a result of your use of the Site or from any computer virus transmitted through the Site, or other sites accessed from this Site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. in no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the terms and conditions, including our Privacy Policy, or use of the Site exceed, in the aggregate, £50.00 (Fifty Pound Sterling).
12. Materials submitted by you - Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary and is the property of Realtime Store Limited. You agree that any information or materials submitted by you to this Site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any "moral rights" in posted materials have been irrevocably waived by the appropriate authors. We shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law. This paragraph 12 does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
13. User Information - In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to such User Information are set forth in the Site Privacy Policy, which Privacy Policy is incorporated into these Terms of Use by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
14. Links from and to the Site - You acknowledge and agree that we have no responsibility for the information provided by Web sites to which you may link from this Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
15. Terms of purchase - The final charges for your order may be different than those stated on the website. Realtime Store Limited does not assume any responsibility or liability for the actions, products, and content of any third parties related to the creation or delivery of your order. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. We and/or the takeaway and/or takeaway may require additional verifications or information before accepting any order.
16. Payment by cash - By selecting cash as a method of payment, you agree to provide the takeaway and/or takeaway payment in the form of UK Pound Sterling (£) upon receipt of your order.
17. Credit/debit card - By selecting credit/debit card as a method of payment, you agree that you must be authorized to use the credit/debit card presented as a method of payment. Prior to the purchase of any goods or services on our website, you must provide us with a valid credit/debit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit/debit card number, (iii) the credit/debit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card and (vi) your full postal address. If Realtime Store Limited and/or takeaway does not receive payment from your credit/debit card issuer or its agent, you agree to pay all amounts due upon demand by Realtime Store Limited or its agents or takeaway and/or takeaway. The final charges on your credit/debit card may be different than those stated on the website.
18. Return policy - If you are not satisfied with your order, please contact Realtime Store Limited Customer Service immediately via email at support@realtimestore.com and include the order number and takeaway and/or takeaway name. All sales are final unless order problems/issues are confirmed with our takeaway and/or takeaway merchants or otherwise determined by Realtime Store Limited, at its sole discretion, to be actionable. In such cases, Realtime Store Limited will issue credit for use on future orders through the Realtime Store Limited website. All order problem/issue inquiries must be received within 24 hours of the order date listed on your order confirmation email. No cash refunds will be issued by Realtime Store Limited.
19. Children - Realtime Store Limited will not store or record information from any person under the age of eighteen (18).
20. Email - By registering or placing an order with us or our takeaway and/or takeaway merchants, you are consenting to receive e-mails from us or our takeaway and/or takeaway merchants regarding your registration or your order. Additionally, by registering or placing an order with us or our takeaway and/or takeaway merchants, you are consenting to receive commercial e-mail from us or our takeaway and/or takeaway merchants. If you do not wish to receive commercial email from us or our takeaway and/or takeaway merchants, you may remove your name from the e-mail list and edit your personal information from the Realtime Store Limited computer system by updating your account information.
21. Reviews and comments - If at any time, Realtime Store Limited enables site visitors to post reviews of and comments on products featured on the Site, the party posting that comment or review grants Realtime Store Limited and its affiliates and our takeaway and/or takeaway merchants a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant Realtime Store Limited and its affiliates and our takeaway and/or takeaway merchants the right to use the name that you submit with any review or comment, if any, in connection with such review or comment.
22. Indemnity - You warrant the truth and accuracy of all information which you may supply in the course of using this website You will indemnify Realtime Store Limited and/or any of its directors and/or any of its employees and/or any of its agents and/or any of its licensors for any loss or damage of any sort which they respectively have suffered as a result of your use of the Site, any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms of Use or any other laws, regulations and rules. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
23. Restriction, Suspension and Termination - Realtime Store Limited reserves the right to restrict or prohibit access by anyone to this website for any reason, at Realtime Store Limited's sole and unfettered discretion. As such, we may restrict, suspend or terminate your access to the Site if we believe that you have breached these Terms of Use at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms of Use. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms of Use.
24. These Terms of Use, including our Privacy Policy, constitutes the entire agreement between (1) Realtime Store Limited and/or any of its directors and/or any of its employees and/or any of its agents, and/or any of its licensors and (2) you, and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us.
25. Any Clause herein which explicitly or by implication is intended to survive the termination of these Terms of Use shall survive such termination.
26. Realtime Store Limited reserves the right to modify these Terms of Use at any time and for any reason, and you will be bound by these Terms of Use in force for the time being.
27. Realtime Store Limited is liable and responsible only for the contents of this website, and is not liable in any way for the contents of any website to which you may have gained access in any way from this website.
28. No third parties shall acquire any rights under these Terms of Use as against Realtime Store Limited and/or any of its directors and/or any of its employees and/or any of its agents and/or licensors.
29. By access to and use of this website you do not become a partner, joint venturer or agent of any sort of Realtime Store Limited and/or any of its directors and/or any of its employees and/or any of its agents unless authorised in writing by Realtime Store Limited.
30. Realtime Store Limited offers no guarantees, whether expressed or implied, regarding the use of the website, any products or materials mentioned therein or the information contained therein. To the full extent permissible by the applicable law, Realtime Store Limited does not recognise any guarantees, whether expressed or implied, in respect of the suitability or fitness for purpose of any product or material mentioned or advertised on the website. Realtime Store Limited declares that it is not liable for damages of any kind which might arise from the use of the website or any products acquired by means of the website. This includes, but is not limited to incidental, punitive, consequential, direct, or indirect damages. Realtime Store Limited reserves the right to restrict purchase and purchase quantity. In the event of any website error, customers will be limited to a single unit purchase. Realtime Store Limited reserves the right to amend the pricing shown on the website without notice.
Please note that Realtime Store Limited does not hold itself responsible for the products, services, actions, or failures of any third parties that may be connected to or referred to on its website. Notwithstanding the above, Realtime Store Limited would be pleased to be advised of any misconduct of users and/or any third parties that may be connected to or referred to on its website. Realtime Store Limited can be contacted in this regard at info@realtimestore.com. Realtime Store Limited does not hold itself responsible in any way, whether expressed or implied, for the conduct of any third party that may use its website at any time for any related or unrelated purpose.
31. Law and Jurisdiction - These Terms of Use, including the Privacy Policy and any matter relating to this Site, are construed in accordance with the laws of England and Wales, and will be subject to the exclusive jurisdiction of the Courts of England and Wales.
For questions or comments regarding these Terms of Use and our Privacy Policy, please contact us at:
Realtime Store Limited
Ingles Manor
Castle Hill Avenue
Folkestone
Kent
CT20 2RD
Email: admin@realtimestore.com
