These terms and conditions shall govern your use of our website, www.feast-it.com (the “Website”).
The owner and operator of the website is Karamu Limited, (also referred to in these Terms as “we”, “us”, “our” or “Feast It”) whose registered office is at 133 Whitechapel High Street, London, United Kingdom, E1 7QA and whose company registration number is 10186089.
The term “you” refers to the user or viewer of our Website (and “your” will be construed accordingly). We also use the term “Caterer” in these terms and conditions to refer to those providers of catering services who are registered on our Website.
By using our Website or continuing to browse our Website, you agree to accept these terms and conditions. If you disagree with any of these terms and conditions, you must not use our Website.
This Website contains content which is owned by or licensed to us (the “Content”). This Content includes, but is not limited to, the information, design, layout, look, appearance and graphics.
You are granted a licence to use the Content subject to the restrictions described in these terms and conditions.
All Content and material contained in this Website is and shall remain at all times the copyright of Feast It.
You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any Content.
Licence to use the Website
You may: (a) view pages from our Website in a web browser; (b) download pages from our Website for caching in a web browser; (c) print pages from our Website; subject to the other provisions of these terms and conditions.
Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our Website or save any such material to your computer.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Website.
You must not: (a) republish material from our Website (including republication on another Website), except in the case of social media such as Facebook, Instagram and Twitter in which case you are permitted to publish extracts in order to promote use of the Website; (b) sell, rent or sub-license material from our Website; (c) show any material from our Website in public; (d) exploit material from our Website for a commercial purpose (other than as a registered seller in accordance with these terms and conditions); or (e) redistribute material from our Website.
We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
You must not: (a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website; (b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.
You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current and non-misleading.
Use on behalf of an organisation
If you use our Website in the course of a business, then by so doing you bind both yourself and the company or other legal entity that operates that business to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant company or legal entity.
To be eligible for a user account on our Website, you must be at least 18 years of age.
You may register with our Website by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will send to you.
Cancellations and changes to a Booking
When you make a Booking through Feast It, you accept and agree to the cancellation policy set out below in addition to any terms and conditions that your Caterer may apply to your Booking.
The cancellation policy which applies to your Booking depends on how close to the date of the event for which you made the Booking (the “Event Date”) you make your cancellation, as follows: (a) If you cancel your Booking more than 1 month before the Event Date, you will receive a 100% refund. (b) If you cancel your Booking more than 48 hours but less than 1 month before the Event Date, you will receive a 75% refund. (c) If you cancel your Booking less than 48 hours before the Event Date, you will receive a 50% refund.
If you wish to make a change or a cancellation to a Booking, you should contact us as soon as possible on email@example.com to inform us of your new requirements.
If you wish to change your Booking, this may, in some cases, be considered to be a cancellation of your Booking and the cancellation policy set out above will then apply. We will discuss any request for a change to your Booking with your chosen Caterer and confirm to you whether or not the change is significant enough to consider it a cancellation of the original Booking.
User login details
If you register for an account with our Website, you will be asked to choose a user ID and password.
You must not use your account or user ID to impersonate any other person.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Booking catering services
If you wish to book catering services through our Website, you will be asked to provide personal and credit card details required for your Booking.
We will take the payment for your Booking on your behalf, and pass this on to your chosen Caterer, after deducting our administration fees.
All catering services featured on our Website is booked directly with the relevant Caterer named on your paperwork, and your agreement will be directly with that Caterer, and not with Feast It.
Please note that we are unable to check the details of facilities made available or the full nature of the catering services provided by your Caterer, as we rely on the information provided to us by Caterers.
If you have a complaint with regard to your catering services during an event, you must inform your Caterer immediately in order to give them the chance to resolve the problem. Failure to do so may affect your rights under your contract with the Caterer and you may lose any right to compensation. As we are not a party to the contract between you and your Caterer, you must resolve any dispute with the Caterer directly. We do not act as a mediator between the parties.
If you have any specific requirements when booking your catering services, you must communicate those requirements to your Caterer and ensure you document appropriately the terms of your agreement with the Caterer.
We act as an introducer, introducing users to Caterers.
You agree that, unless otherwise stated in these terms, we have no liability to you in relation to any catering services or other facility or service booked through this Website. In the event you are dissatisfied in any way, your remedy is only against the Caterer.
You acknowledge that: (a) whilst we may perform limited checks on Caterers who wish to register with us, we are not in a position to fully confirm the identity of Caterers or to verify the status of the facilities and catering services they are offering; (b) we do not have control over the quality of the facilities and catering services provided by Caterers, nor of the integrity, responsibility or actions of Caterers. We do not make any representations about the suitability of any catering services or the accuracy of any images or descriptions which a Caterer may provide to users through the Website; (c) we are not party to any contract for the provision of services obtained through the Website and we are not involved in any transaction made between you and a Caterer; (d) unless specified otherwise, any messages, notices or other communications to users permitted or required under this Agreement, will be provided electronically and given by Feast It via email, Feast It Platform notification, or messaging service (including SMS). Users not wishing to be contacted via messaging services outside of email and platform can choose to opt out as desired in their settings and preferences; and accordingly we will not be liable to any person in relation to the provision of services obtained via the Website and we are not responsible for the enforcement of any contractual obligations arising out of a contract for the provision of services and we will have no obligation to mediate between the parties in the event of any dispute.
Cancellation and suspension of account
We reserve the right to: (a) suspend your account; (b) cancel your account; and/or (c) edit your account details, at any time in our sole discretion without notice or explanation.
You may cancel your account with us on our Website at any time.
Your content licence
In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media and to reproduce, store and publish your content on and in relation to this Website and any successor website.
You grant to us the right to sub-license the rights licensed under Section 12.2.
You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
You may edit your content to the extent permitted using the editing functionality made available on our Website.
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
Your content roles
You warrant and represent that your content will comply with these terms and conditions.
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms and conditions, must not: (a) be libellous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; (d) infringe any right of confidence, right of privacy or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) constitute or promote any criminal activity; (g) be in contempt of any court, or in breach of any court order; (h) be in breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) be in breach of any contractual obligation owed to any person; (k) be untrue, false, inaccurate or misleading; (l) contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (m) constitute spam; or (n) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
You must not use our Website to post any link to any Website or web page without our written permission.
If you learn of any unlawful material or activity on our Website, or any material or activity that breaches these terms and conditions, please let us know.
You can let us know about any such material or activity by writing to us at firstname.lastname@example.org.
We do not warrant or represent: (a) the completeness or accuracy of the information published on our Website; (b) that the information on the Website is up to date; or (c) that the Website or any service on the Website will remain available.
We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.
To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and the use of our Website.
Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions: (a) are subject to Section 16.1; and (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions; and (c) this includes any claims, losses or damages arising from the conduct of users who have registered through the Website or who attempt to defraud or harm you.
To the extent that our Website and the information and services on our Website are provided free of charge, we will not be liable for any loss or damage of any nature. To the extent that we may have charged you a Booking fee, our liability to you shall in no event exceed the amount of that Booking fee.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, or in respect of any loss or corruption of any data, database or software, or in respect of any special, indirect or consequential loss or damage.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of: (a) any breach by you of any provision of these terms and conditions; or (b) your use of our Website.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to our Website; (c) permanently prohibit you from accessing our Website; (d) block computers using your IP address from accessing our Website; (e) contact your internet service provider and request that they block your access to our Website; (f) commence legal action against you, whether for breach of contract or otherwise; and/or (g) suspend or delete your account on our Website.
Third party Websites
Our Website may include links to other Websites owned and operated by third parties. We have no responsibility for the content of such third party websites.
We have no control over third party Websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
The registered and unregistered trademarks or service marks on our Website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
We may revise these terms and conditions from time to time.
The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our Website.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law.
Any disputes relating to these terms and conditions, the Website or any product or service purchased through the Website shall be subject to the exclusive jurisdiction of the courts of England.
Notwithstanding the above, all consumers are entitled to submit any complaint which they may have through the European Online Dispute Resolution platform, which can be found at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show. We are not, however, bound to mediate under the terms of those regulations.