This website, www.karnivalfood.com, along with their underlying code, (the “Website”) is owned and operated by or on behalf of Karnival Holdings Ltd., a company registered in the England & Wales with registered number 10136110 and whose registered address is at Wellesley House, Duke of Wellington Avenue, Royal Arsenal, London SE18 6SS (the “Company”).
Our trading names include, without limitation, karnivalfood.com, Karnival and the Karnival logo.
You can contact us at any time by writing to us at the address above, by using our contact form or by emailing [email protected]
1.1 For the purposes of these terms and conditions of use, when the words below are used with a capitalised first letter, they have the following meanings:
- “Force Majeure” means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- “Traders” has the meaning given to it in clause 3.1; and
- “Viruses” means transmitting worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature.
1.2 In these Terms, when we refer to “we”, “us”, “our” etc, we are referring to Karnival Ltd. and its agents and representatives from time to time. When we refer to you, we are referring to “you”, the user of the Website.
1.3 These Terms, are in the English language and this English language version shall have priority over any translation into any other language.
2. USING THE WEBSITE
By using the Website, you agree:
2.2 you are at least 18 years of age;
2.3 you will use the Website for the purposes it was intended and you will conduct yourself in relation to the Website in the spirit as well as to the letter of these Terms;
2.4 not to access the Website without authority, penetrate, interfere with, damage or disrupt the Website in any way, including by using any Viruses or misusing or attempting to misuse the Pre-Order service or subjecting the Website or our servers to any kind of intentional loading including without limitation a denial of service attack or any other malicious, unlawful or disruptive behaviour towards us, our Website or servers;
2.5 to respect the copyright arising in any content we publish on the Website including the Website itself and not to make any use of that content without our prior written authorisation including by copying or distributing the Website or any part of it;
2.6 that we may deny or restrict access for you or any, or all, users of the Website at our sole discretion at any time and without notice;
2.7 that we cannot and do not guarantee the performance or availability of the Website and cannot be held responsible for its poor performance, or lack of availability;
2.8 that we cannot control the security of your devices or the networks that you use to access the Website and that we cannot be responsible for any loss or interception of data sent by you to the Website;
2.9 that the Website may contain links to other websites owned or maintained by others and that Karnival has no control of those websites and does not endorse or recommend them and by following those links you submit to the terms and conditions and privacy policies of the relevant websites;
2.10 that any unauthorised use of content on our site belonging to us or to our, suppliers, customers or partners will cause us loss and or damage and you agree to indemnify us and hold us harmless against any such loss or damage arising directly from your misuse of that content; and
2.11 that you may not link to any part of our site from any other website whatsoever without our prior and continuing consent.
3. CANCELLATION POLICY
3.1 Once an event or lunch is confirmed through either website email or phone, the following cancellation policy is applied.
3.2 In the event of a cancellation within 48 hours of that lunch or event, full quoted payment will be required.
4. OUR LIABILITY TO YOU
4.1 Under no circumstances can we be held liable for any loss or damage resulting from the information contained in or the use of the Website, including the Pre-Order Service, nor can any of our agents, representatives, customers or suppliers. By using the site, you acknowledge and agree that you shall not rely on any of the information on the Website as fact, and that all information is for guidance purposes only and that you will verify any such information by contacting us at [email protected] if such verification is required.
4.2 Nothing in these Terms shall or shall purport to make us liable for any act or omission of any Trader in respect of any Pre-Order or other pop-up and you agree that any Trader with whom you place a Pre-Order shall be directly responsible for that Pre-Order, including any loss or damage arising out of it and any inconvenience resulting from it not being fulfilled in accordance with your expectations.
4.3 Nothing in these Terms shall limit any rights you might have as a consumer or other legal rights that may not be excluded by law. We do not in any way exclude or limit our liability for:
4.3.1 death or personal injury caused by our negligence; OR
4.3.2 fraud or fraudulent misrepresentation.
5. YOUR PERSONAL INFORMATION
6. OTHER IMPORTANT TERMS
6.1 Each section of these Terms operates separately. If any of these sections (or any part of any section) is found by any court or relevant authority to be unlawful or unenforceable, the other sections (or other parts of the section in question) shall not be affected and shall remain in full force and effect. If any section of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some part of the section were deleted, the section in question shall apply with such deletion as may be necessary to make it lawful and enforceable.
6.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
6.3 We may perform any of our obligations or exercise any of our rights under these Terms ourselves or where applicable, through any other persons (legal or otherwise) or entities.
6.4 We may amend and or update these Terms at any time and repost them to the Website and by continuing to use the Website once these Terms have been updated and reposted you agree to and accept that your use of the Website is governed by the Terms as amended and or updated.
6.5 We may transfer our rights and obligation under the Terms to another organisation but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
6.6 The provisions of these Terms apply for the benefit of Karnival, its subsidiaries, affiliates, venues, suppliers, merchants and other third party content providers and or licensors and each of those shall have the right to assert and enforce such provisions against you directly on its own behalf.
6.7 These Terms are governed by the laws of England & Wales and any dispute or claim arising out of or in connection with it will be subject to the laws of England & Wales. You and we both agree that the courts of England & Wales will have non-exclusive jurisdiction.