TasteWant Experiences is on behalf of TasteWant Terms of Service (Terms & Conditions)
1 Acceptance of Terms
Your access to and use of TasteWant (“www.TasteWant.com“) and any TasteWant related such as www.TasteWantExperiences.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Cd on www.Taonditions you must immediately stop using the Website. TasteWant is currently a free service until further notice, no credit, debit card or any type of payment is needed to join and you will not be charged for any company, Product, Chef or Person listings. TasteWant is a free service and you are not tied down to any ongoing contract or obliged to post photos. However there is a charge if you would like your experiences listed on TasteWant Experiences.
TasteWant will to no responsibility for any outcome or loss by using this website or any website linking to it, we will also not take any responsibility for incorrect information on our free and claimed company listings, event or any other part of TasteWant, if you wish any information to be removed from TasteWant please contact us on firstname.lastname@example.org
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3 Changes to Website
TasteWant reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that TasteWant shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
TasteWant is not responsible for any threatening, defamatory, obscene, offensive or illegal information or use of the site’s services by any other party.
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to TasteWant or otherwise used by TasteWant as permitted by law.
5.2 In accessing the Website you agree that none of the articles or Website text may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
7 Account Creation
On creating an account with TasteWant we will read the content on any company listings, events, reviews, member profiles or any other content uploaded and we may create a an alert email according to information you have made public on the website. On joining this website you may also be subscribed to our newsletter system where we will update you with news, events, available jobs, from our own newsletters and sometimes emails from third parties. All of these subscriptions can be cancelled via specific removal links in the newsletters / job alerts, by emailing us via addresses contained in the newsletter or email us on email@example.com
8 Disclaimers and Limitation of Liability
8.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.2 To the extent permitted by law, TasteWant will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
8.3 TasteWant makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of TasteWant for death or personal injury as a result of the negligence of TasteWant or that of its employees or agents.
You agree to indemnify and hold TasteWant and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against TasteWant arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
You agree that TasteWant may stop your use of the site if TasteWant believes for any reason that you have violated or acted inconsistently with the terms and conditions of use of this site.
Your Internet browser has the in-built facility for storing small files- “cookies” – that hold information which allows a website to recognise your account. Our website takes advantage of this facility to enhance your experience. You have the ability to prevent your computer from accepting cookies but, if you do, certain functionality on the website may be impaired.
14 Our Blogger and 3rd Party Website Pledge
TasteWant finds and curates the best recipes and articles from around the internet and displays them with an image, snippet of content and a link back to the original source. We only choose websites that have allowed their content to be for Really Simple Syndication. Our content is always the property of the source that we share it from and we take no ownership or responsibility of that content or other content on that website or links to third party content from the source we have shared.
Our goal is to find and share the best recipes and food related content from around the internet and to drive traffic to these websites, we take into consideration the hard work and effort that bloggers and other content creators put into their content and websites, there for we only give a preview of the content with an image and a link back to the original website, their for TasteWant visitors have to click on the url link to find all of the information about the recipe and the food content, therefore this is very beneficial to the 3rd party websites as it drives more visitors to them.
If you wish us to remove any of the posts on TasteWant and for us to not share any of your recipes or food content on your website please email: firstname.lastname@example.org and we will remove the content as soon as we can.
We see ourselves as a partner to these 3rd party websites rather than a competitor.
14. TasteWant Experiences
TasteWant’s Experience section www.TasteWant.com/experiences is for information purposes only which include links to various 3rd party websites which TasteWant have no control over. TasteWant simply provides information and links to these 3rd party website, TasteWant takes no responsibility what so ever for the outcome of booking any these experiences, holidays, courses or any other experience or interactions you have with these 3rd part websites that links out from TasteWant including TasteWant’s Experience section.
TasteWant will not provide any additional information about the experiences apart from what is stated on the TasteWant Experiences section. Members of TasteWant can submit their own experiences, it is the complete responsibility for the member posting the experience to make sure that the information is accurate and TasteWant will take no responsibility for any untrue or misleading information within the content and links members submit and post.
TasteWant has the right to change these terms of service without prior warning and have the right to remove any content that we believe conflicts with our terms of service. To clarify TasteWant will take no responsibility what so ever for the use and outcome of using our TasteWant Experiences section www.TasteWant.com/experiences or any content displayed on TasteWant or take responsibility for any content that links directly from www.TasteWant.com and any other page on the TasteWant website.
Members that post their experiences on TasteWant please be aware we take no responsibility what so ever for the outcome of displaying your experiences on the TasteWant website www.TasteWant.com and we do not guarantee that there will be disruption to the TasteWant website or any of the services TasteWant provides.
Some of the links used on the TasteWant website maybe affiliate links, therefore TasteWant may receive a small commission if a visitors who click on the affiliate looks purchase from the linking websites.
15 TasteWant Competitions
TasteWant runs regular competition such as our Food Blogger Home Page Banner Competition, each competition prize will only be what is exactly stated as the prize, no prizes can be swapped for the monetary equivalent or for any alternative. We have the right to cancel competitions at any time without prior notice. TasteWant will take no responsibility for the outcome of winning a competition.
TasteWant’s Food Blogger Home Page Competition is only applicable to Food Bloggers therefore we will not enter any members that do not have an active food blog. The March 2016 Food Blogger Home Page Competition ends on 29th March 2016. The winning food blogger will be given a free banner on the home page of www.TasteWant.com between 1st April 2016 to 30th April 2016, and this competition will comply with our terms and conditions stated above.
TASTEWANT ADVERTISING & ADNETWORK TERMS & CONDITIONS
Please read this Agreement carefully before registering and using the Service. By clicking the “I have read and accept the TasteWant AdNetwork Membership Agreement” box at the bottom of the signup page; you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept these terms and conditions you will not be allowed to participate in the Service.
INTRODUCTION AND DEFINITIONS
1.1 This Service Membership Agreement (the “Agreement”) is made between TasteWant (“TW”) and you, as user of the “TasteWant AdNetwork Service” (“the Affiliate”).
1.2 In this Agreement, the following words and expressions shall have the following meanings:
1.2.1 “Affiliate Property”: any Affiliate Website or other venues where the Affiliate has placed Links;
1.2.2 “Affiliate Website”: any website where the Affiliate has placed Links;
1.2.3 “Applicant”: an entity that wishes to become an Affiliate;
1.2.4 “Code of Conduct”: the obligations and covenants of the Affiliate detailed on the Schedule (as amended from time to time) which are a condition of the Agreement;
1.2.5 “CPA”: (cost per acquisition) the payment of a fee to an Affiliate which is contingent on a Visitor reaching a Advertiser’s Website through a Valid Click, and purchasing goods or services from the Advertiser in the Relevant Period;
1.2.6 “CPC”: (cost per click) the payment of a fee to an Affiliate which is contingent on a Visitor reaching a Advertiser’s Website through a Valid Click, regardless of whether the Visitor subsequently purchases any goods or services from the Advertiser;
1.2.7 “Links”: the hyperlink references (whether text, button, banner or any other format) from Affiliate Properties to Advertiser Websites;
1.2.8 “Advertiser”: the person or entity selling goods or services online or using the internet to raise its profile which has accordingly entered into a contract with TW to participate in the Service;
1.2.9 “Advertiser’s Website”: any website owned or operated by the Advertiser which sells goods or services to Visitors or endeavours to raise the Advertiser’s profile;
1.2.10 “Minimum Thresholds”: in relation to CPA or CPC the sum of (if the Affiliate is paid by credit transfer) £35
1.2.11 “Programme”: the participation of (as the case maybe) an Affiliate or Advertiser in the Service;
1.2.12 “Referer Logs”: data collated and retained by TW that identifies the Affiliate Property which directed any particular Visitor to any particular Advertiser’s Website;
1.2.13 “Relevant Period”: the time period which will determine whether an Affiliate earns a CPA or CPC following a Visitor’s purchase from a Advertiser. The Relevant Period will be agreed, on a case by case basis, between the Advertiser and TW;
1.2.14 “Sale”: (as the case maybe) a Visitor making a Valid Click (for CPC relationships) or a Visitor making a Valid Click and purchasing a good or service from the Advertiser within the Relevant Period which is subsequently validated by the Advertiser (for CPA relationships);
1.2.15 “Selected Venues”: the Affiliate Properties where the Applicant will, if subsequently invited to become an Affiliate, place Links;
1.2.16 “Service”: the online marketing system known as “TasteWant AdNetwork” which is provided by TW whereby TW introduces Affiliates to the Advertisers so that the Advertisers can increase online sales and raise their profile;
1.2.17 “Service Website”: means TW’s extranet system which operates the Service;
1.2.18 “VAT”: Value Added Tax as referred to in the Value Added Tax Act 1994;
1.2.19 “Valid Click”: a click which a bona fide Visitor voluntarily makes on a Link within an Affiliate Property, in order to access a Advertiser’s Website. Valid Clicks only include clicks consistent with the terms of this Agreement and the Code of Conduct;
1.2.20 “Visitor”: any person or entity that clicks on a Link.
1.3 In this Agreement unless the context otherwise requires, reference to:
1.3.1 the singular shall include reference to the plural and vice versa;
1.3.2 any gender shall include references to the other, and words importing a gender shall include every gender;
1.3.3 a “person” includes an individual, company, limited liability partnership or partnership;
1.3.4 a statute, enactment, order, regulation or other similar instrument shall be construed as a reference to it as from time to time amended, consolidated or re-enacted and includes all instruments or orders made under such enactment.
2.5 Each Applicant must provide TW with its physical address. PO boxes and other mail forwarding services are not allowed.
2.6 If the Applicant is a company or LLP, the Applicant must inform TW of its registered office and registration number.
2.7 Applicants may only participate in the Service after attaining 18 years of age. If an Applicant has not reached the age of 18, a parent or legal guardian must give TW his/her consent to the Applicant participating as an Affiliate.
2.8 It is each Affiliate’s responsibility to (if necessary) register with HMRC for VAT, and once registered to promptly inform TW of its VAT registration number.
2.9 In addition to TW approving the Selected Venues the Affiliate recognises that TW will at all times and without reference to the Affiliate monitor the Affiliate Properties and any Links to ensure that the Affiliate is not in breach of the terms of this Agreement.
2.10 TW may from time to time offer Affiliates the opportunity to participate in other “affiliate marketing” applications which TW may organise. Those Affiliates which participate in such applications acknowledge that they will be bound by separate terms and conditions which pertain to the application in question. Unless such terms and conditions expressly say to the contrary the terms and conditions of the application will override the terms of this Agreement.
2.11 Each Affiliate acknowledges that TW will (as set out in clause 5.3) generate invoices for CPC or CPAs paid by TW to the Affiliate. The Affiliate further acknowledges that the Service can only operate on the basis that TW (as opposed to the Affiliate itself) generates and submits the invoices. Accordingly, by continuing to participate in the Service the Affiliate acknowledges that it continues to consent to the generation of invoices by TW which may or may not include VAT.
THE AFFILIATE’S OBLIGATIONS
3.1 An Affiliate may only place Links on its Affiliate Properties, Subject to the provisions of this Agreement, each Affiliate may at any time place and remove whatever Links it so elects.
3.2 If a Selected Venue is no longer active or is used / owned by another entity then the Affiliate will immediately inform TW of this and provide to TW details of an alternative Selected Venue for TW to vet in accordance with clause 2.3.
3.3 Links must not mislead Visitors. Links may only be placed with the intention of delivering Valid Clicks.
3.4 Affiliates must not “spam” or use unsolicited email. If TW discovers that an Affiliate is “spamming” or using unsolicited email, TW will immediately terminate that Affiliate’s participation in the Service.
3.6 The Affiliate agrees not to select the name of another person with the intent to impersonate that person or deceive other users as to the Affiliate’s true identity.
3.7 The Affiliate agrees to provide TW accurate, complete and non-misleading information regarding the Affiliate’s identity and practices.
3.8 The Affiliate acknowledges that TW shall act upon any information or instructions that TW reasonably believes comes from the Affiliate. TW shall not be liable to the Affiliate if it transpires that such information has come from another source.
3.9 The Affiliate shall immediately notify TW by email at email@example.com if:
3.9.1 the Affiliate believes that any unauthorised use has or may be made of the password referred to in clause 3.5;
3.9.2 the Affiliate suspects or is aware of any other actual or possible abuses of the Service.
3.10 The Affiliate recognises that hard coding any banner, button or Link may impact on the future accuracy of those Links. The Affiliate understands that any breach of this clause
3.10.1 lead to Visitors receiving inaccurate information with the reputation of the Service consequently being brought into disrepute;
3.10.2 entitle TW to terminate the Agreement pursuant to clause 10.3;
3.10.3 lead to a Visitor seeking redress directly from the Affiliate.
3.11 All content that the Affiliate provides to and uses in connection with the Service must be owned by the Affiliate.
3.12 The Affiliate must ensure that it has all necessary registrations and consents to participate in the Service. This includes, but is not limited to, registration with the UK Financial Services Authority. It is the Affiliate’s responsibility to take its own independent advice as to which consents are required. TW will not advise any Affiliate. The Affiliate covenants to adhere to any such regulatory requirements whilst participating in the Programme.
CODE OF CONDUCT
4.1 The Affiliate covenants with TW to adhere to the Code of Conduct.
4.2 TW reserves the right to modify and update the Code of Conduct from time to time so that the Code of Conduct reflects, to the extent possible, ethical practice in light of changing technology. TW will place the updated Code of Conduct on the Service Website. It is the Affiliate’s responsibility to review the Code of Conduct and remain aware of such changes.
4.3 The Affiliate agrees to adhere to any additional code of conduct or terms of business which any Advertiser may require those Affiliates which participate in that Advertiser’s Programme to adhere to.
5.1 Once a Sale has occurred then (subject to the remaining provisions of this clause 5) the Affiliate will be paid a CPC or CPA by TW.
5.2 TW will take advance payment from the Advertisers. Payment should be made by the Advertiser in question to TW by the end of the month in which (as the case maybe) validation or a Valid Click occurs.
5.3 Once the Advertiser has paid TW then TW will prepare and send the Affiliate an invoice together with payment in respect of the CPC or CPA that the Affiliate has earned by generating the Sale. TW will endeavour to pay the CPC or CPA to the Affiliate during the when they hit the appropriate threshold of £35.
5.4 If TW cannot recover monies from the Advertiser then TW will be under no obligation to pay the CPC or CPA in question to the Affiliate.
5.5 Time shall not be of the essence regarding these payments and notwithstanding the Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debts Regulations 2002 interest shall not accrue on any CPA or CPC which pursuant to this Agreement are due to the Affiliate.
5.6 All statistics are collected and calculated by TW and these will be the only valid statistics used by TW when determining whether CPA or CPC are payable.
5.7 CPA or CPC shall not be paid to the Affiliate if the aggregate of CPA or CPC owed by TW to the Affiliate is less than the Minimum Thresholds.
5.8 The Affiliate recognises that a Advertiser may change or discontinue CPA or CPC payments at any time. Each Advertiser is responsible for informing the Affiliate of any such changes.
5.9 If the Affiliate is registered for VAT the CPC or CPAs paid by TW will include VAT.
6.1 TW will pass data about the Affiliates to Advertisers. The Affiliate pursuant to the Data Protection Act 1998 gives its consent for such data to be disclosed.
6.2 The Advertisers have covenanted to TW to abide by the provisions of the Data Protection Act 1998 with regard to the personal data pertaining to the Affiliates which TW pursuant to this Agreement discloses to the Advertisers but TW will accept no liability for the acts and omissions of the Advertisers in this regard.
RESERVATION OF RIGHTS
7.1 TW reserves the right to modify this Agreement at any time. Furthermore, TW may add to, change, suspend or discontinue any aspect of the Service at any time. In either case TW will notify the Affiliate via email, newsletter or the Service Website of such changes. On receipt of such notice, the Affiliate may immediately withdraw from the Service by giving TW written notice. If no such notice is given to TW within one week, then the Affiliate will be deemed to have consented to the changes.
7.2 Notwithstanding the provisions of clause 7.1 TW may update the Code of Conduct as prescribed in clause 4.2. In such circumstances the Affiliate will not be entitled to terminate the Agreement.
7.4 If TW discovers a breach of this Agreement, TW may suspend the Affiliate’s participation in the Programme and/or remove or disable any Links. In such circumstances, pursuant to clause 10.3, TW may withhold any money that would otherwise be due to the Affiliate from use of the Service prior to termination.
7.5 If a Valid Click is made to a Advertiser’s Website which has been closed or is for any other reason inaccessible, TW reserves the right to redirect the Visitor to a suitable alternative operational Advertiser’s Website, provided that the Affiliate is associated with that alternative Programme. This will not affect the payment of any CPA or CPC.
LIMITATION OF LIABILITY AND INDEMNITY
8.1 The Service, its use and the results of such use are provided “as is” to the fullest extent permissible pursuant to applicable law. TW disclaims all warranties express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Service, its use and the results of such use. Without limiting the foregoing, TW specifically disclaims any warranty
(a) that the Service will be uninterrupted or error-free,
(b) that defects will be corrected,
(c) that there are no viruses or other harmful components,
(d) that the security methods employed will be sufficient, or
(e) regarding correctness, accuracy, or reliability. The Service relies on the performance of third parties beyond TW’s control.
8.2 TW shall not be liable for (i) any indirect, special, incidental or consequential loss of any nature arising out of TW’s obligations as set out in this Agreement, TW’s negligence, the use of or inability to use the Service or any information provided on the Service Website or any other hyperlinked website, such loss will include, without limitation, damages for loss of goodwill, lost profits, business interruption, loss of software, or other data on Affiliate’s information handling system or otherwise, even if TW has been advised of the possibility of such damages or (ii) any claim attributable to errors, omissions or other inaccuracies in the Service Website or any hyper linked website.
8.3 TW is the neutral host of the Service and has no responsibility or liability in relation to the arrangements that are entered into with Advertisers as part of the Service. No warranty can be made as to the performance of the Advertisers or the number of Visitors that any Affiliate Website may receive.
8.4 The Affiliate may from time to time apply to Advertisers to participate in their Programmes. TW cannot guarantee which Advertisers will accept which affiliate or what terms or what CPA or CPC the Affiliate may earn.
8.5 Nothing in this clause 8 excludes liability for fraudulent misrepresentation or death or personal injury caused by TW’s negligence.
8.6 The Affiliate will indemnify, defend, and hold harmless TW and its, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) directly or indirectly arising from or relating to any matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
8.7 TW makes no representations and gives no warranties whatsoever about any other website which may be accessed through the Service. In addition, a link to a website not owned or under the control of TW does not mean that TW endorses or accepts any responsibility for the content or the use of such website.
DISCLOSURE AND COLLECTION OF INFORMATION AND CONFIDENTIALITY
9.1 The following information may be posted on the Service Website:
9.1.1 the Affiliate’s identity as one of the entities that has subscribed to the Service;
9.1.2 any information (other than information expressly marked as being confidential) that is disclosed by the Affiliate to TW.
9.2 In order to enable TW to improve, promote and/or market the Service, TW may produce statistics or summaries relating to the use of the Service. None of this information shall identify the Affiliate.
9.3 TW may contact the Affiliate by email, telephone or post for feedback regarding the Service.
9.4 TW shall keep all information submitted by the Affiliate confidential except as provided within this Agreement.
9.5 The confidentiality obligations in this clause 9 shall not apply to the following information:
9.5.1 any information which comes into the recipient party’s possession (from someone other than the party disclosing the information in question) with no obligation of confidentiality attached;
9.5.2 any information which is disclosed with the prior approval of the disclosing party;
9.5.3 information which is either in the public domain or comes into the public domain through no act or omission of the party receiving the confidential information.
9.6 The Affiliate shall keep all information disclosed to the Affiliate by TW relating to TW’s business or affairs or the business or affairs of any Advertiser or any potential Advertiser strictly confidential unless one of the exceptions stated in clause 9.5 shall apply.
TERM AND TERMINATION
10.1 This Agreement shall commence on the date of this Agreement.
10.2 Either party may terminate the Agreement immediately if the other party is in breach of its obligations. In accordance with clause 7.4, if the Affiliate is in breach of its obligations, TW shall be under no duty to pay to the Affiliate any CPA or CPC that that would otherwise be due to be paid to the Affiliate by TW.
10.3 TW may terminate this Arrangement with immediate effect on written notice if:
10.4.1 the Affiliate ceases or threatens to cease to carry on its business;
10.4.2 a receiver, administrative receiver or similar officer is appointed over the whole or any part of the Affiliate’s business or assets;
10.4.3 an application is made (in respect of an Affiliate) either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;
10.4.4 the Affiliate makes any arrangement for the benefit of its creditors;
10.4.5 the Affiliate goes into liquidation save for the purposes of a genuine amalgamation or reconstruction.
10.5 If the Affiliate is in breach of any of the provisions of clauses 3 and 4 and a Advertiser consequently asks TW to remove the Affiliate from that Advertiser’s Programme, then TW will immediately suspend that Affiliate’s membership of that Advertiser’s Programme. At its discretion, TW may permit the Affiliate to continue to participate in other Advertisers’ Programmes.
10.6 If the Affiliate accepts that if it (as a member of the Service) acts fraudulently then TW shall terminate the Agreement and in addition to the provisions of clause 10.3 will also be under no obligation to pay any further CPA or CPC to the Affiliate.
10.7 The termination of this Agreement shall not limit the enforceability of any of the rights or obligations of the parties that accrued before the termination date.
CONSEQUENCES OF TERMINATION
11.1 Upon the termination of the Agreement, the Affiliate shall immediately remove all Links from its sites. The Affiliate shall not be entitled to receive any CPA or CPC for Sales which occur after the termination date.
11.2 Clauses 9.6, 11.3 and 11.4 shall survive the termination of this Agreement.
11.3 The Affiliate shall acquire no rights following the termination of this Agreement to use any
(1) registered or unregistered trade marks or design rights;
(2) works attracting copyright protection;
(3) domain names;
(4) any text, or images, banners created or commissioned by or for TW or the Advertisers.
11.4 The Affiliate covenants to TW that for the 1 year following the termination of this Agreement, the Affiliate will not have any commercial dealings with any Advertiser which the Affiliate has been introduced to via the Service.
12.1 This Agreement is personal to the Affiliate who shall not, without the prior written consent of TW assign or transfer any of its rights and obligations under or arising out of this Agreement. The Affiliate consents to the assignment or delegation by TW of its rights, benefits and duties under this Agreement and to TW giving anyone information in connection with the proposed transfer of this Agreement.
12.2 Except as provided for in clause 7.1, all notices proceedings or other formal documents to be served by either party on the other shall be delivered by hand or by recorded delivery to the other’s address and all notices shall be deemed to be received upon delivery.
12.3 This Agreement sets out the entire agreement and understanding between the parties. No other representation or statement (excluding those which are fraudulent), whether or not in writing, shall form a term of this Agreement.
12.4 Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
12.5 Nothing in this Agreement is intended to, or shall be deemed to:
12.5.1 establish any partnership or joint venture between TW and the Affiliate;
12.5.2 constitute any party to be the agent of another party;
12.5.3 create any arrangement whereby one party holds monies or other benefits under this Agreement on trust for the other.
12.6 This Agreement is governed and construed in accordance with the laws of England. The parties submit to the exclusive jurisdiction of the English courts.
12.7 No third party shall acquire rights pursuant to the Contracts (Rights of Third Parties) Act 1999.
CODE OF CONDUCT
This Code of Conduct (as amended from time to time by TW) is part of the TW Service Membership Agreement (as amended from time to time) “Agreement” and uses the same definitions.
If an Affiliate breaches these rules, then TW may terminate the Agreement or the Affiliate’s participation in a particular Advertiser’s Programme. Pursuant to clause 10.3 of the Agreement, TW will be under no obligation to pay any CPA or CPC to the Affiliate.
1 Content of Affiliate Website
1.1 An Affiliate may place Links on its Affiliate Properties.
1.2 The Affiliate agrees not to provide TW with any information or material that infringes the rights of any other person (including any intellectual property rights). This includes both the unauthorized placing of any links to any website or other application owned or operated by TW and the selection of Links which are not in keeping with the image that the Advertiser’s Website is presenting.
1.3 The Affiliate further acknowledges to at all times respect the intellectual property and other rights of TW and the Advertisers.
1.4 Each Affiliate Website must reflect favourably on TW and Advertisers. Affiliates agree not to provide, promote, distribute, place or otherwise publish any content which is libellous, defamatory, obscene, pornographic, abusive, or otherwise objectionable, fraudulent or violates any law. Affiliates further agree not to place Links on any websites that are pornographic (or display pornographic material or advertisements); that promote or condone violence, bigotry or hatred; or that promote any illegal activity including (but not limited to) warez, cracking, ROM or emulator sites, or hacking. As TW is not in a position to review all information provided or used by Affiliates, each Affiliate remains solely responsible for the content of its website.
1.5 Each Affiliate Website must conform to good advertising practices. Affiliates must not support, advertise, or promote downloadable advertising software (commonly known as “adware” or “spyware”), whether by promoting those applications on any Affiliate Website or in any other way.
1.6 Affiliates must ensure that any information on the Affiliate Website which refers to any goods or services sold by any Advertiser is accurate, comprehensive and not misleading.
MANIPULATION OF THE SERVICE
2.1 Affiliates must act ethically and reasonably in their use of the Service and their provision of Visitors to Advertisers. Affiliates must not do anything (or cause or permit anything to occur) which will cause any Advertiser to pay CPA or CPC to an Affiliate on sales made by the Advertiser which the Affiliate did not procure legitimately.
2.2 TW will only pay CPA or CPC to an Affiliate when the Affiliate procured a Visitor who actually and intentionally accessed the Advertiser’s Website by means of a Valid Click from an Affiliate Property.
2.3 Affiliates must not use spyware, adware, malware, robots (not including link checkers), forced clicks, automatic openings, automatic cookie dropping, or cookie stuffing.
2.4 Each Affiliate is responsible for the quality and origin of the traffic it provides to the Service and to the Advertisers. Accurate and not misleading traffic origins “Traffic Data” must be immediately disclosed to TW on request so that TW can verify the Traffic Data disclosed against the corresponding content of the Referer Logs. Even if TW grants an Affiliate permission to acquire traffic through third party suppliers, the Affiliate remains responsible for the quality and origin of that Traffic Data.
2.5 The Affiliate will not do anything or permit anything to happen which may lead to inaccurate or incomplete Traffic Data to (pursuant to clause 2.4 of this Code of Conduct) be disclosed to TW.
2.6 Affiliates must not place any software on a Visitor’s personal computer which may override cookies or promote or display Links (whether “adware,” “spyware,” “shopping assistant,” “price comparison,” “reminder,” or otherwise), nor may Affiliates use any such software placed by others.
2.7 Affiliates must not purchase, license, or operate any domain name which is confusingly similar to the URL of any Advertiser’s Website.
2.8 These prohibitions are not exhaustive. If an Affiliate violates the spirit of these requirements, or if TW otherwise regards an Affiliate’s behaviour as unethical, TW may terminate that Affiliate’s participation in the Service and not pay CPA or CPC to the Affiliate pursuant to clause 10.3 of the Service Agreement. TW’s decision in this regard will be final and not subject to scrutiny or challenge.
Advertising, sponsorship and event terms & conditions
In these Terms & Conditions (“Conditions”) the words/expressions referred to below shall have the following meanings except where the context otherwise requires:
“Advertisement” means an advertisement or series of advertisements for the Client and/or its products and services including (but not limited to) advertisements in any Publication, advertisements on any Website, Banner Advertisements, and Exhibition Advertisements.
“Agreement” means any contract between TasteWant and the Client for advertising which is formed in accordance with clause 2.
“Banner Advertisement” means a banner advertisement on any Website, including but not limited to sponsoring advertisements.
“Client” means the person, firm, body corporate or other entity stated in any Order Confirmation accepted by TasteWant pursuant to clause 2.2.
“Event” means an event organised and conducted by TasteWant for the Client to enable the Client to meet potential employees or work experience candidates.
“Event Sponsorship” means sponsorship by the Client of an Event organised by TasteWant such sponsorship being for the purpose of promoting the Client and/or its products and services.
“Exhibition” means an exhibition organised by TasteWant.
“Exhibition Advertisement” means an advertisement for the Client and/or its products and services which is displayed at an Exhibition or Event.
“Exhibition Space” or “Event Space” means floor area taken (and any additional Services agreed between TasteWant and the Client) at an Exhibition or Event.
“TasteWant” means TasteWant or its assignees.
“Order Confirmation” means the signed order form sent by the Client to TasteWant specifying inter alia the price and details of Advertisements, Banner Advertisements, Exhibition Space, Event Space, Exhibition Advertisement, Event, Event Sponsorship, Workplace Survey or Package.
“Package” means any combination of Advertisements, Banner Advertisements, Exhibition Space, Event Space, Exhibition Advertisement, Events and/or Event Sponsorship and/or Workplace Survey purchased by the Client on any one occasion.
“Publication” means in the case of printed Advertisements the publication published by TasteWant in which the Advertisement shall appear.
“Services” means any one or more of Advertisements, Banner Advertisements, Exhibition Space, Event Space, Exhibition Advertisement, Event Sponsorship, Events and Workplace Surveys, whether or not purchased in a Package, published or conducted by TasteWant from time to time.
“Website” means in the case of website Advertisements and Banner Advertisements, the TasteWant website on which the Advertisement is to appear.
“Working Day” means Monday to Friday inclusive excluding UK statutory holidays.
“Workplace Survey” means the service by which TasteWant conducts a survey of the Client’s employees and prepares and publishes a synopsis/review of the results of the survey.
2.1 The Agreement shall be formed when the Client’s Order Confirmation, which it is hereby agreed is an invitation to treat, (whether in the form of a purchase order, fax or letter but in each case either signed by an authorised representative of the Client or its agent, or else confirmed as having been agreed by email without signature, regardless of any disclaimer attached to that email concerning the ability of that client’s staff to contract over email) is received, and then either acted upon by virtue of performance of all or any part of the Services by TasteWant, or accepted in writing or by electronic means such as email (proof of transmission by TasteWant shall be deemed adequate evidence of confirmation) by TasteWant’s authorised representative and such Agreement shall incorporate these Conditions.
2.2 In the event that an agency submits an Order Confirmation as agent on behalf of its principal, then agency shall specify the principal’s name as well as its own on the Order Confirmation failing which TasteWant shall reject the same.
2.3 The acceptance by TasteWant of the Client’s Order Confirmation does not confer the right to renew on similar terms.
3.1 The Client warrants that:
3.1.1 any description relating to its products or services in the Advertisement is true and accurate;
3.1.2 the Advertisement does not contravene any act or Parliament nor is it in any other way legal or defamatory;
3.1.3 it will at all times comply with the British Code of Advertising Practice, the recommended standards produced by the Advertising Association and all other relevant advertising standards guidelines and regulations;
3.1.4 it will supply copy for Advertisements prior to copy deadlines, as advised/published by TasteWant;
3.1.5 where applicable, it will attend and participate in Events where it is agreed that it will do so as part of the delivery of the Services; and
3.1.6 where the Client is an agency, that it will procure compliance by its client for whom Services are being procured, of clauses 3.1.1, 3.1.2, 3.1.3, 3.1.4 and 3.1.5.
3.2 If the Client breaches clause 3.1 it shall immediately rectify the breach and fully indemnify TasteWant against any fines, losses, costs, damages, charges, claims, demands, expenses direct losses, loss of profits and indirect and consequential losses incurred by TasteWant as a result of the Client’s breach.
3.3 The Client shall be responsible for insuring all films, artwork, photographic and other advertising materials delivered to TasteWant and TasteWant shall not be liable to any loss or damage thereto while the same is in its possession or control.
3.4 The Client shall be responsible for collecting any films, artwork, photographic and other materials submitted to TasteWant for the purposes of the Advertisement. TasteWant shall accept no responsibility for any such items which remain unclaimed by the Client more than 12 months after they were last used for publication.
4.1 All Advertisements must be submitted by the Client for the approval of TasteWant prior to publication. TasteWant reserves the right to refuse, omit, alter, suspend, withdraw or otherwise deal with any Advertisement at its absolute discretion and without explanation or liability to the Client, all adverts must be food or drink related.
4.2 Banner Advertisements run on a rotating pay per click (PPC) basis with the payment made in advance.
4.3 Visuals and copy shall be supplied in accordance with TasteWant’s publication deadlines as published/advised on a periodic basis or, in the case of Banner Advertisements, in accordance with clause 4.2. If the Client fails to comply with this clause 4.3:
4.3.1 TasteWant shall not be under an obligation to supply proofs to the Client and reserves the right to use the copy last supplied by the Client; and
4.3.2 TasteWant shall be entitled to payment of its fee in accordance with clause 7, even if no visuals or copy whatsoever have been supplied.
4.4 If the Client fails to check and return any proof submitted by TasteWant, TasteWant reserves the right to display/print the Advertisement as prepared.
4.5 TasteWant cannot accept responsibility for changes to approved copy although it will use its reasonable endeavours to make these if they are submitted prior to the final copy deadline as published/advised from time to time, provided always where changes are made pursuant to this clause 4.5 the Client shall be responsible for any additional costs thereby incurred by TasteWant.
5.1 TasteWant shall use its best endeavours to ensure the appearance of contracted for Advertisement but does not accept liability for the non-appearance of any Advertisement. In the case of advertisements for Publications, it is hereby agreed that TasteWant’s best endeavours shall not extend to reprinting any Publication, but the Client will be offered the next available and/or relevant alternative.
5.2 Unless the parties have agreed to the position of the Advertisement in the Publication or on the Website (in which case this shall be agreed in writing by the parties) TasteWant does not guarantee the position of any Advertisement in the Publication or on the Website. Where the Client has expressed a preference only as to the position of its Advertisement in the Publication or on the Website TasteWant shall use its reasonable endeavours to comply with the Client’s preference but shall have no liability to if the Advertisement is not published in the preferred position.
5.3 TasteWant shall use its reasonable endeavours to procure attendance at Events, and shall use its best endeavours to act in an even-handed manner to all sponsors in the case of Events sponsored by a number of clients (always taking into account any difference in the level of sponsorship purchased by sponsors). TasteWant will advise clients of its experience of the usual acceptance/subsequent attendance ratios, but TasteWant shall not be liable for actual attendance levels being lower than those anticipated.
7.1 The fee payable by the Client to TasteWant shall be in accordance with TasteWant’s published rates or as otherwise agreed in writing by the parties.
7.2 All fees are inclusive of Value Added Tax.
7.3 TasteWant shall be entitled to invoice the Client immediately following TasteWant’s acceptance of the Client’s Order Confirmation.
7.4 The Client shall pay TasteWant before the advertisements go live on the website.
7.5 TasteWant reserves the right to request and receive full payment prior to acceptance of an Order Confirmation if, in the opinion of TasteWant, the credit-worthiness of the Client is not satisfactory or the Client has not paid previous invoices within TasteWant’s usual credit terms. Furthermore, if at any time in the opinion of TasteWant the credit-worthiness of the Client shall have deteriorated prior to performance by TasteWant of any Services TasteWant may require full or partial payment of the fees prior to such supply, or the provision of security for payment for the Client in a form acceptable to TasteWant.
7.6 If the Client fails to make any payment on the due date then without prejudice to any other right or remedy available to TasteWant, TasteWant shall (at its option) be entitled to:
7.6.1 treat the Agreement as repudiated by the Client and cancel publication of any Advertisement or cease the Services (as the case may be), claim damages from the Client and charge the Client interest both before as well as after any judgment on the amount unpaid at the rate of 4% per annum above the base rate from time to time of Barclays Bank Plc from the date payment is due until payment is made; or
7.6.2 affirm the Agreement, claim damages from the Client and charge the Client interest in accordance with clause 7.6.1.
7.7 Where the Client pays a subscription for an agreed number of Banner Advertisements or advertisements on any Website during an agreed period of time (“Subscription Period”) and the Client fails to take up the agreed number during the Subscription Period:
7.7.1 the Client shall not be entitled to a refund of the fees in respect of the Advertisements which has failed to take up during the Subscription Period; and
7.7.2 the Client shall not be entitled to carry forward Advertisements which has failed to take up during one Subscription Period into a subsequent Subscription Period.
The Client may not cancel an Order Confirmation which has been accepted by TasteWant.
9.1 The content and terms of this Agreement shall be confidential as between the parties and there shall be no breach of that confidence by either party.
9.2 Save as provided in clause 9.1 each party agrees and undertakes that it will keep confidential and will not use for its own purposes nor without the prior written consent of the other party disclose to any third party all information of a confidential nature, (including but not limited to trade secrets and information of commercial value) which may become known to such party from the other unless such information is public knowledge (other than by breach of this clause 9) or is required to be disclosed by a court of competent jurisdiction. Breach of this clause 9.2 shall not be subject to the terms of clause 10 (Limitation of Liability).
10.1 Save as otherwise provided in this Agreement all conditions warranties and representations expressed or implied by statute common law or otherwise in relation to TasteWant’s obligations hereunder are hereby excluded.
10.2 Without prejudice to any other terms in this Agreement the aggregate liability of TasteWant shall not in any circumstances (including in respect of death or personal injury caused by TasteWant’s negligence) exceed the total sum payable by the Client to TasteWant under this Agreement. Where TasteWant fails to provide a Service, its total liability to the Client shall be limited to a refund of the fees paid or payable by the Client for the Service. Where the Service not so performed has been ordered as part of a Package, TasteWant shall reasonably determine the proportion of the total payment relating to the unpublished/unperformed Service its total liability to the Client in respect of the unpublished/unperformed Service shall be limited to such proportion.
10.3 TasteWant shall not be liable to the Client for any indirect or consequential losses or damages (including but not limited to loss of profits) whether arising from breach of contract negligence or howsoever.
11.1 Notwithstanding and without prejudice to clause 7 above TasteWant shall be entitled to terminate this Agreement immediately by giving written notice to the Client in any of the following events:
11.1.1 if the Client fails to make payment in accordance with this Agreement;
11.1.2 if the Client convenes a meeting of its creditors, becomes insolvent, is unable to pay its debts, has an administrative receiver or receiver or administrator appointed over its assets or business or is the subject of a petition presented to put it in into liquidation; or
11.1.3 if the Client in the opinion of TasteWant is in breach of any material term of this Agreement.
11.2 In any such case TasteWant shall be entitled to charge the Client any costs, charges or expenses (direct or consequential) howsoever arising incurred by TasteWant.
11.3 Termination of this Agreement howsoever, shall not affect the accrued rights or the liabilities of either party.
The Client shall not be entitled to assign, rent, lease, sub-licence, copy or otherwise transfer the benefit of its obligations under this Agreement without the prior written consent of TasteWant.
If either party is unable to perform its obligations by reason of matters beyond its control including but not limited to any act of terrorism, war, riot, civil commotion, compliance with any law or governmental order, fire, flood or storm, strikes, lock-outs or other industrial disputes (whether involving the workforce of the party so prevented or of any other party) delay in transit, power failure, postal delay, the party so affected will notify the other party and the parties agree to delay the performance of this Agreement for as long as may be reasonably necessary until the cause(s) giving rise to force majeure has/have ceased.
14.1 These Conditions shall have precedence at all times and in all circumstances over any Conditions that the Client may be in the practice of using.
14.2 Any representations made by TasteWant prior to the making of the Agreement shall not form part of the Agreement and shall be of no effect. The Agreement supersedes all prior agreements, arrangements and undertakings between TasteWant and the Client relating to the subject matter hereof. No variation or addition shall be binding upon the parties unless made in writing and signed by the authorised representatives of both parties.
14.3 Any waiver by TasteWant of any breach of the Agreement by the Client, shall not operate as a waiver of any past or future breach.
14.4 If any provision or part of a provision of these Conditions shall be or be found by any court of competent jurisdiction to be invalid or unenforceable such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these Conditions all of which shall remain in full force and effect.
14.5 Any notice hereunder shall be deemed to have been duly given if sent by prepaid first class registered post or by facsimile or telex to the party concerned at its registered office or principal place of business or such other address as may have been notified pursuant to this provision to the party giving the notice. Notices sent by first class registered post shall be deemed to have been given 7 days after despatch and notices sent by facsimile or telex shall be deemed to have been given on the date of despatch, even if confirmed by post.
14.6 No term of the Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
14.7 Nothing in the Agreement and no action taken by the parties pursuant to the Agreement shall constitute or be deemed to constitute a partnership association joint venture or other co-operative entity.
14.8 Address for Notices:
14.8.1 For TasteWant notices should be sent to firstname.lastname@example.org and we will send you the forwarding address.
14.8.2 For the Client the address to which notices should be sent shall be that on the Order Confirmation unless otherwise advised in writing by the Client.
14.8.3 Calls may occasionally be recorded for training purposes.
This Agreement and all obligations under the same shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.
TasteWant Marketplace Vendor Terms & Conditions
In these Conditions, the following words shall have the following meanings only and shall not affect the interpretation or construction of the Conditions:
“Application Form” means the form accessible on the TasteWant Website to a prospective Vendor which must be completed and agreed by the prospective Vendor as a part of the application process;
“Cancellable Product” means any Product other than a Non-Cancellable Product;
“Charges” means the charges detailed in clause 11 of these Conditions and notified to you by TasteWant in writing;
“Conditions” means these terms and conditions and any document referred to in them, or any amended version of them brought into effect from time to time in accordance with these Conditions;
“Confidential Information” means any information that would be regarded as confidential by a reasonable business person relating to the business, affairs, customers, clients, suppliers, plans, operations, processes, product information, know-how, designs, trade secrets or software of either party;
“Customer” means a person(s), firm or company who enters into or is invited to enter into any transaction to purchases Product(s) from the Vendor through the TasteWant Online Marketplace;
“Customer Feedback” means any and all information provided to us by a Customer via our customer feedback service regarding any goods and/or services provided by the Vendor in respect of a particular transaction with that Customer (including in respect of any communications with the Vendor), which may include any opinions about the Vendor;
“Customer Terms” means the terms and conditions relating to a Customer set out at http://tastewant.com/terms-of-service
“Documentation” means any user guide, information or other material provided by TasteWant to prospective or existing Vendors, in hard copy or electronic form, relating to the Service;
“IPR” means all the intellectual property rights conferred by the law of any country or jurisdiction in the world (including by statute) as amended or re-enacted (by common law, civil law, equity or otherwise) in relation to any invention, discovery, literary work, dramatic work, musical work, artistic work, copyright, database, trade mark, service mark, design (whether two dimensional or three dimensional), patents, semiconductor topography, confidential information, know-how, trade secret, and in each case whether or not it has been reduced to a material form, and howsoever it may be recorded, stored or embodied (including in an electronic or transient medium), including all applications for such rights as well as all extensions and renewals of such rights;
“Non-Cancellable Product” has the meaning ascribed to it in paragraph A.vi of the Services Standards (Clause 15);
“Online Marketplace” means the online marketplace provided by TasteWant through the TasteWant Website to facilitate the promotion and sale of Vendors’ Products;
“Policies” means any policy (including any guides relating to content and style) which may be notified and made available to the Vendor by TasteWant through the Vendor Portal or any other means from time to time;
“Products” means the goods, services or information that Vendors wish to promote and sell through the Online Marketplace;
“Product Page” means the particular web page on the Vendor’s shop on which an individual Product is displayed and the relevant information relating to that Product is provided;
“Refund Fee” has the meaning ascribed to it in Clause 11 of these Conditions;
“Renewal Date” means twelve months from the commencement of these Conditions in accordance with Clause 3, or such other period as may be advised by TasteWant in writing, and each anniversary thereafter;
“Response” means a response by the Vendor to any Customer Feedback;
“Returns & Refunds Procedures” means the procedures set out in the ‘Services Standards’ section of these Conditions or as may be updated by TasteWant from time to time and displayed within the Customer Terms;
“Vendor” means a person whose application to the Online Marketplace has been accepted by TasteWant, and who sells its Products through the Online Marketplace;
“Vendor Information” means information, data or content provided by the Vendor in any form or medium, whether or not such information is owned by the Vendor, contained in the Application Form, uploaded to the Vendor’s Shop or given by the Vendor to TasteWant for whatever purpose, whether directly or on the Vendor’s behalf;
“Vendor Portal” means the content and order management system provided by TasteWant to each Vendor for management of its shop pages and associated transactions;
“Service” means the Online Marketplace and other services provided by TasteWant, as further described in these Conditions;
“Service Fee” has the meaning ascribed to it in Clause 11.D of these Conditions;
“Services Standards” means TasteWant’ policy on the levels of service to be provided by Vendors to prospective and existing Customers as further described in Clause 15 of these Conditions;
“Shop” means an area of the Online Marketplace dedicated for use by the Vendor to promote itself and its Products;
“Software” means any software installed by or on behalf of TasteWant that permits Vendors to access and trade through the Online Marketplace;
“Value Added Tax” means value added, sales or services tax, or any similar tax imposed in any jurisdiction;
“Virus” means any computer virus, macro virus, trojan horse, worm or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or network, or to intercept or access without authority or expropriate any system, information or data;
“Working Day” means any day other than a Saturday or Sunday on which banks are open for business in London.
“TasteWant” means TasteWant.
“TasteWant Website” means http://www.TasteWant.com or such other worldwide web address that TasteWant in its sole discretion selects as a replacement;
“TasteWant.com” means the trading name of the TasteWant Website;
The headings to clauses are inserted for convenience only and shall not affect the interpretation or construction of these Conditions.
Words expressed in the singular shall include the plural and vice versa. Words referring to a particular gender include every gender.
References to a person include an individual, company, corporation, firm or partnership.
References to any statute or statutory provision shall include:
iii. any provision which subsequently supersedes it or re-enacts it (whether with or without modification).
All references in these Conditions to clauses are to the clauses in these Conditions unless otherwise stated.
References to the words “include”, “includes”, “including”, “in particular” or any similar words do not limit the words proceeding or following.
B.Without prejudice to either party’s right to terminate the Conditions under the remainder of this clause 3, these Conditions shall continue in force unless and until either party notifies the other in writing of account closure.
iii. the Vendor is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of its creditors, or goes into voluntary liquidation (otherwise than for the purposes of reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over its assets, or if the equivalent of any such events under the laws of any relevant jurisdiction occurs to the Vendor; or
iii. use reasonable endeavours to restore any faults in the Service as soon as reasonably practicable. The Vendor acknowledges that the transmission of information via the internet is not completely secure, there is always a risk that communications by electronic means may not reach their intended destination, or may do so much later than intended, for reasons outside TasteWant’ control, and that it is technically impossible to provide the Service entirely free of fault at all times.
iii. TasteWant does not systematically review listings provided by users of the TasteWant Website;
iii. The Vendor will ensure that any Response is true and accurate and not misleading in any way, and does not contain any material that may be construed as offensive, defamatory or unlawful.
The Vendor warrants that:
b)it has a trading (operating) address in the United Kingdom or the Republic of Ireland.
iii. Vendor and Product Information
iii. be in breach of copyright, confidence, privacy or any other rights and will not infringe any third party’s IPR, or other proprietary rights or rights of publicity or privacy;
vii. adversely affect the reputation of TasteWant or the TasteWant brand;
viii. create, or be likely to create, liability for TasteWant or cause TasteWant to lose (in whole or in part) the services of its internet service or other suppliers;
iii. any other means by which a Customer could communicate directly with the Vendor, other than through the Vendor Portal.
iii. Products promoted on the TasteWant Website that are perishable or edible may not be delivered to any address outside of the UK.
vii. The Vendor shall comply with TasteWant’ reasonable instructions relating to any product recall and in any event TasteWant reserves the right to take immediate and exclusive conduct of the product recall on notice to the Vendor, in which case the Vendor shall give such assistance as TasteWant may reasonably require.
viii. The Vendor shall maintain appropriate, up to date and accurate records to enable the immediate recall of any Products.
TasteWant may immediately suspend or terminate the Vendor’s subscription and use of the Service in the event TasteWant reasonably believes or suspects that any Vendor Information does not comply with the provisions of this clause.
iii. Following acceptance of an order through the Vendor Portal, the Vendor shall:
iii. any enquiries relating to the order;
iii. Any breach of these Clauses 6.C.i or 6.c.ii shall constitute a material breach of these Conditions and, further, may constitute a breach of data protection legislation laws.
iii. Any IPR created by TasteWant in the course of the performance of these Conditions or otherwise in the provision of the Service shall remain the property of TasteWant.
iii. The Vendor shall indemnify and hold TasteWant harmless against any and all damages, liabilities, costs, expenses and/or losses arising out of or relating to any breach of Clause 9.B.i in respect of any claim or action that the normal operation, possession or use of those IPR by TasteWant infringes a third party’s rights (“IPR Infringement Claim”).
vii. At the request of TasteWant, the Vendor shall take the conduct of the defence to any claim or action in respect of any IPR Infringement Claim. The Vendor shall not at any time admit liability or otherwise settle or compromise, or attempt to settle or compromise, such claim or action except upon the express written instructions of TasteWant, such instructions not to be unreasonably withheld or delayed.
This Clause 9 shall survive termination or expiry of these Conditions howsoever arising.
iii. Unless specified otherwise, all Charges are subject to VAT or other similar taxes or levies, all of which amounts the Vendor shall pay, where appropriate, at the rate prevailing at the relevant tax point, and in addition to the Charges themselves.
iii. If applicable, the Service Fee may be reduced from time to time by agreement with TasteWant in writing, subject to the availability of any such reduction.
iii. Payment for Products by Customers through the TasteWant Website will be through one of a range of credit and debit cards, using TasteWant’ current online payment processing system (Paypal).
vii. The Vendor shall ensure the banking details referred to in Clause 11.H.vi are kept up-to-date, and shall notify TasteWant of any changes on the next Working Day. The Vendor shall be responsible for paying any banking charges or other administrative expenses incurred by TasteWant as a result of any inaccuracies in any such information.
iii. was independently disclosed to it by a third party entitled to disclose the same;
For the avoidance of doubt, these Services Standards are placed at the end of this document for convenience and accessibility only, and form part of the legally binding Conditions.
iii. Subject to the provisions of the Returns & Refunds policy, TasteWant shall approve such refund.
iii. TasteWant may at their sole discretion limit delivery charges on any order to override individual Vendor limits so that the Vendor’s charges comply with the Delivery Policy and the Vendor may charge no more than the delivery charges set out in the Delivery Policy or such other charges as may be notified to you (by means of a direct communication and/or in the Vendor Portal from time to time). These delivery charges can be varied in exceptional cases only at the discretion of TasteWant where, for instance, Products are heavy, fragile, bulky or precious. Permission must be requested from TasteWant for charges outside of the Delivery Policy.
Images – the style of the main image on your listings:
The images should also generally be of a high, professional quality with attractive compositions showing off your produce to their best effect.
Questions and Comments
If you have any questions or comments about the above terms and conditions, please contact us on email@example.com
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