Terms & Conditions

Terms & Conditions

Welcome to TasteBack! 

We’re so glad you’re here. Please make sure you read these Terms and conditions (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the TasteBack website, you agree to comply with and be bound by these Terms.

Please note, you are entering into a legally binding agreement when using the website at www.tasteback.co.uk (the “TasteBack Website”). 

We amend these Terms of Use from time to time. Please check these Terms of Use to ensure you understand the applicable terms. These terms and conditions were last updated on 29 April 2020.

By using the TasteBack website in any manner, including but not limited to visiting or browsing TasteBack, you (the “user” or “you”) agree to be bound by these Terms of Use, including those additional terms and conditions and policies referred to here and/or available by hyperlink.

Sellers alone are responsible for identifying, understanding and complying with all laws, rules and regulations that apply to their business. For example, paying taxes, getting permits or licences before opening their online shop on TasteBack.

If you have any questions, please contact hello@tasteback.co.uk

INFORMATION ABOUT US

Tasteback Ltd is registered in Scotland under company number SC658665 and we are based in Edinburgh.

We are an online marketplace where people can buy and sell food & drinks that they produce. The TasteBack Website is a venue that allows local food & drinks producers (“Producer”) and customers who comply with the Terms and Tasteback’s policies and guidelines to offer, sell and buy food & drinks (“Products”). 

The Company is not a Producer. The Company facilitates the fulfillment of the delivery of Products purchased on the TasteBack Website, but is not a party to any transactions between customers and producers. 

Whilst the Company tries to ensure that material included on the TasteBack Website is correct, it has no control over the quality, safety or legality of any aspect of the items listed, the truth or accuracy of the listings, as Producers themselves open and manage their online shop on the Website. 

ACCESSING TASTEBACK

There may be occasions when the TasteBack Website is unavailable to you.

Access to TasteBack is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through our products without notice. We shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the TasteBack Services at any time or for any period.

We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the TasteBack Website and the content therein available to you. Whilst we take all reasonable steps in our power to provide you with a good level of service, you acknowledge and agree that we do not warrant that the TasteBack Website shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Website as a result of our third party providers.

From time to time, we may restrict access to the TasteBack Website and to users who have registered with us. Any personal data and other information provided by you will be processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Terms of Use.

REGISTERING ON THE TASTEBACK WEBSITE

To order from the TasteBack Website, users must first register with us. This is not a credit account, and payment will be required if products are ordered.

The personal and payment details you give to us are governed by the Privacy Policy.

The TasteBack Website is available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

In addition, you agree to abide by the Company’s policies as stated in the Terms of Use and the Company policies listed below (if applicable to your activities on or use of the TasteBack Website), as well as all other operating rules, policies and procedures that may be published from time to time on TasteBack, each of which is incorporated into these Terms of Use by reference and each of which may be updated by us from time to time:

Privacy policy

Selling Guidelines

In addition, some services offered through the TasteBack Website may be subject to additional terms and conditions published by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

You understand that a breach of any of the Terms of Use may result in your use of services on the TasteBack Website being restricted.

Be honest: Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. You must keep your TasteBack account and public TasteBack profile page information up-to-date at all times.

Choose an appropriate username: If you decide to not have your legal name serve as the username associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

Provide your full name and company name: People who register on the website must use their legal name and legal company name. If you use a fake name or someone else’s name to place orders or to open a Seller Shop you violate the Terms.

You’re responsible for your account: You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

PASSWORD AND SECURITY

You will keep your password a secret. You are responsible for anything under your password.

When you register to use the TasteBack Website you will be asked to create a unique password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately at hello@tasteback.co.uk. We would also suggest that you also change your password immediately through the Edit Profile/ Change Password section of the TasteBack Website.

If we have reason to believe that there is likely to be a breach of security or misuse of the TasteBack Website, we may require you to change your password or we may suspend your account.

PURCHASING PRODUCTS ON THE TASTEBACK WEBSITE

Please note that when you purchase products on the TasteBack Website the resulting legal contract is between you and that Producer and is based on the Terms of Use. Even though we may facilitate the fulfillment of the transaction, all transactions are entered into between you and the Producer.

Each order you place shall be deemed to be an offer by you to purchase the Products from the relevant Producers subject to the Terms of Use and the applicable product details. After you place an order, you will receive an order confirmation that we have received your order which we will pass on to the relevant Producer. You should carefully review these Terms of Use, the order confirmation and the applicable details on the product page in relation to the order. This confirmation email will signify acceptance of your order and a legally binding contract will be formed between you and the relevant Producer.

Producers will do all that they can to ensure that your order is fulfilled. Products are, however, subject to availability, market and weather conditions and seasonal changes so there may be occasions that a Product is not available for delivery. If Producers are unable to deliver an item you have ordered, you will not be charged for it. We will, however, bear no liability for unavailability of Products.

Some images of the Products listed on the TasteBack Website may be stock photographs used by Producers for illustrative purposes only. Although Producers will make every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the TasteBack Website are for information purposes only.

You may submit orders for Products by using our online ordering facility on the TasteBack Website  at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

All orders must be made within the order deadlines specified on the TasteBack Website.

Each Product for which you click ‘Add to trolley’ is added to a ‘your trolley’ facility. You are given the opportunity to review the quantity of order of each item in your trolley when you choose to checkout. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking ‘place order’. After you place the order, you have 2 hours to cancel the order as this happens before the order is being sent to the producer. 

Your submission of an order amounts to an offer to enter a contract to buy the Products from the individual Producers. Subject to the paragraph above, you cannot then withdraw or cancel your order except as stated above.

All prices for Products are inclusive of any applicable VAT.

For more information on ordering please contact hello@tasteback.co.uk.

DELIVERY

Please note that delivery is only available in a limited area. Customers can check delivery areas via the Postcode checker on the TasteBack website.

If delivery is available to your postcode, we will make the delivery to the address provided by you at checkout.

There may be costs involved in home delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be  based on a flat fee. 

We always aim to deliver your goods within the delivery window, but we cannot accept liability if we deliver the goods outside of this window or don’t deliver all or any of the goods in your order.

You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.

If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes.

PAYMENTS

The Company uses third party payment handlers to process all payments made via the TasteBack Website.https://squareup.com/gb/en

Square is a quick and secure way to accept credit and debit card payments from TasteBack customers. Squareup Europe Ltd is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (registered reference no. 900846) for the issuing of electronic money and provision of payment services.

Square is used on the TasteBack Website as a means of payment. By signing up to TasteBack, you agree to be bound by the Terms and Conditions of Squareup Europe Ltd (6th Floor One London Wall, London, EC2Y 5EB) that you can find here: https://squareup.com/gb/en/legal/general/ua

PRODUCER SERVICE FEE

TasteBack may charge fees to Producer (“Producer fees”) and/or Customers (“Customer fees”) (collectively “Service fees”) in consideration for the use of the TasteBack website. 

Any applicable Service Fees (including any applicable Taxes) will be displayed to a producer or customer prior to uploading a product or placing an order on the TasteBack Website. TasteBack reserves the right to change the Service Fees at any time, and will provide users adequate notice of any fee changes before they become effective. Such fee changes will not affect any orders made prior to the effective date of the fee change.

You are responsible for paying any Service Fees that you owe to TasteBack. The applicable Service Fees (including any applicable Taxes) are collected by TasteBack through our payment processor Squareup Europe Ltd. TasteBack through Square will deduct any Producer fees from the sale fee before remitting the payout to you. Except as otherwise provided on the TasteBack website, Service Fees are non-refundable. 

RETURNS POLICY & REFUNDS

Please inspect the Products as soon as possible after delivery and notify the Producer promptly if you find any defects, by using the chat from the respective suborder in your User Account / Orders History tab. We will replace or refund you for defective Products. Otherwise our liability is limited.

In respect of non-perishable items, you have the right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (“CCRs”), the contract at any time until the expiry of the 14 working days after the day on which you receive the goods you ordered. Please note that you do not have a right under the CCRs to cancel orders in respect of food or other perishable items.

Any paid delivery charge will be included in your refund once we have received all (not part) of your order. Please note the delivery charge refund will be to the value of standard delivery. We will process your refund within 14 days of receipt of the returned products. You must take reasonable care of the goods while in your possession and they must be returned in a saleable condition such that they can be returned to the relevant Producer before we can issue your refund. We refund the delivery charge only if you request refund for the entire order, not just for one product.

Products should be returned in or with any original packaging. We will arrange with you for cancelled non-perishable goods to be returned to us, at your cost, and we will credit your payment card with the price of such goods within a reasonable period from the day on which cancellation was given (provided payment has already been debited to your payment card).

REFUNDS INFORMATION FOR PRODUCERS

Customers have the right to request refunds for non-perishable items at any time until the expiry of the 14 working days after the day on which the customer has received the goods ordered from you. Customers will contact you directly to discuss the situation. Products will be returned to us, at the expense of the customer in the original packaging. 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

We love when you leave feedback and we might share it with other users. Although we don’t own your content, by posting it on our site you grant us a licence to use it.

The TasteBack Website may provide users with an opportunity to provide feedback in a variety of forums including, but not limited to product reviews and TasteBack Website. This helps our users to share factual information and personal opinions about Products, and provide views and opinions on a variety of topics.

Users may have the ability to post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information where available to do so on TasteBack, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. We reserve the right to remove or edit such content. If you believe that any content on the TasteBack products, website, apps contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the TasteBack Website, please notify us at hello@tasteback.co.uk

We do not claim ownership rights in your content. If you post content or submit material, and unless we indicate otherwise, you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You agree to allow the Company to store or re-format your content on the TasteBack products and display your content on the TasteBack Website in any way we choose. We will only use personal information in accordance with our Privacy policy. This allows us to provide our services and to promote TasteBack, your online shop, or the Services in general, in any formats and through any channels, including across any TasteBack Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

If you upload a photo on for a product in your shop, we have permission to display it to buyers, and we can resize it so it looks good to a buyer using our mobile website; if you post a beautiful photo of the product you’re selling, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and TasteBack’s.

By uploading content to the TasteBack Website you promise that you own and/or have the right to use such content in this manner and that such content does not infringe any third party intellectual property rights. In the event that we receive a complaint in respect of any content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate us for any loss suffered. We reserve the right to remove any such content immediately.

TasteBack may offer Producers the option of having a professional photographer and video maker take photos or shoot videos of their businesses. You are responsible for ensuring that your products are accurately represented and you will stop using those images / videos on or through the TasteBack website if they no longer accurately represent your products or if your TasteBack account is terminated or suspended for any reason. You acknowledge and agree that TasteBack shall have the right to use any of these images / videos for advertising, marketing or publicity purposes, including limited use by permitted third parties, in any media or platform. TasteBack in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use these images/videos outside of the website solely for your personal and non-commercial use.

LEAVING REVIEWS TO PRODUCERS

Within a certain timeframe after completing an order, customers can leave a public review (“Review”) and submit a star rating (“Rating”) about the Producer. Ratings or Reviews reflect the opinions of individual customers and do not reflect the opinion of TasteBack. Ratings, Reviews and Q&A are not verified by TasteBack for accuracy and may be incorrect or misleading.

Ratings, Reviews or Q&A comments by customers must be accurate and may not contain any offensive or defamatory language. 

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content, ratings, reviews and Q&A. We reserve the right to remove or edit such content. If you believe that any content on the TasteBack products, website contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the website, please notify us at hello@tasteback.co.uk

Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about a seller.

Ratings, Reviews and Q&A are part of the Producer’s public profile and may also be surfaced elsewhere on the website (such as the Product page) together with other relevant information.

TERMINATION

All users may delete their account on TasteBack at any time using the settings in the User Dashboard / Edit Profile tab. 

Terminating your account will not affect the availability of some of Your Content that you posted on the TasteBack Website prior to termination and you’ll still have to pay any outstanding bills.

We may terminate or suspend your account (and any related accounts) and your access to the Website at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Website, for example, to sell or buy on our website. TasteBack may refuse service to anyone, at any time, for any reason.

If you or TasteBack terminate your account, you may lose any information associated with your account, including Your Content.

TasteBack reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

DISPUTES WITH OTHER USERS

If you find yourself in a dispute with another user from the TasteBack Website or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Customers and Producers who are unable to resolve a dispute related to a transaction on our website may participate in our case system. TasteBack will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. TasteBack has no obligation to resolve any disputes.

You release TasteBack from any claims, demands, and damages arising out of disputes with other users or parties.

NO UNDERTAKING

We cannot give any undertaking, that Products and/or services you purchase from Producers through the TasteBack Website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Producer. Where you order goods and/or services through the TasteBack Website we may disclose your customer information related to that transaction to the relevant Producer.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the TasteBack Website and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

We own, or are the licensee to, all right, title and interest in and the Website, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the TasteBack Website.

You must not extract or otherwise use any of the content on TasteBack for commercial purposes without obtaining a licence to do so from us or our licensors.

We respect the intellectual property rights of others and we ask our users to do the same. If you are aware that any of your intellectual property rights have been infringed on the TasteBack website, please contact us to report the concern.

NO RELIANCE ON INFORMATION

Although we believe everything on the Tasteback Website is up to date and accurate, we can’t guarantee that it is.

The content on the website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date. We have no obligation to verify the content of such information or to edit any such information provided by third parties and Producers selling on the platform. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.

LIMITATION OF LIABILITY

We disclaim any legal liability for the quality, safety, reliability or any events that transpire from your use of the TasteBack Website.

You acknowledge that your use of the TasteBack Website and its content is at your own risk.

Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other any damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.

For this clause “we” and “our” is defined to include our affiliates, officers, directors, employees, agents and third party service providers.

LINKING TO OUR SITE

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

If you wish to make any use of content on our site other than that set out above, please contact hello@tasteback.co.uk

THIRD PARTY LINKS AND RESOURCES ON THE TASTEBACK WEBSITE

From time to time, the TasteBack Website may also include links to other websites, which are not under the control of the Company. These links are provided for your convenience to provide further information. We have no control over the nature, content and availability of those sites and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

INDEMNITY

If we are sued because of your use of or conduct on TasteBack, you have to help pay for it.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these Terms or relate to your use of TasteBack. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.

WAIVER

If we fail at any time to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

APPLICABLE LAW

Your use of the TasteBack Website, these terms and conditions and the TasteBack Privacy Policy and any dispute arising in connection with them is subject to the laws of Scotland. In the event of any dispute you agree to submit to the exclusive jurisdiction of the Scottish courts.

While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of Producers to sell items; or that a Producer will actually complete a transaction.

NEWSLETTER SUBSCRIPTION

By registering with TasteBack your e-mail address will be used for marketing purposes until you unsubscribe. It is possible to unsubscribe at any time.

We reserve the right to send occasional emails with tips and tricks to all Producers who are registered on TasteBack. 

COMMUNICATIONS

By using the TasteBack Website or sharing your details with us (phone number, address, email), you consent to receiving communications from us in a variety of ways, such as by email, text, letter. 

PRIVACY STATEMENT

You will have the opportunity to input your personal information on the TasteBack Website. Please see our Privacy policy below for further details on how we use this information. Where you do consent to our holding and using of your personal information, it is intended that such consent will benefit any purchaser of our business.

CHANGES TO THESE TERMS

We may revise these Terms of Use or other policies at any time, so please review the policies frequently to take notice of any changes we make, as they will be binding on you. If we make a material change we will notify you here, by email, by means of a notice on our homepage, or any other way we deem appropriate. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.

If at any time you find these Terms of Use unacceptable, you should leave the Website and cease all use of the Website. Your continued use of the Website signifies that you agree to be bound by these Terms and Conditions as they are amended.

CONTACT INFORMATION

If you have any questions about the Terms, please email us at hello@tasteback.co.uk.

Welcome to TasteBack! 

We’re so glad you’re here. Please make sure you read these Terms and conditions (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the TasteBack website, you agree to comply with and be bound by these Terms.

Please note, you are entering into a legally binding agreement when using the website at www.tasteback.co.uk (the “TasteBack Website”). 

We amend these Terms of Use from time to time. Please check these Terms of Use to ensure you understand the applicable terms. These terms and conditions were last updated on 29 April 2020.

By using the TasteBack website in any manner, including but not limited to visiting or browsing TasteBack, you (the “user” or “you”) agree to be bound by these Terms of Use, including those additional terms and conditions and policies referred to here and/or available by hyperlink.

Sellers alone are responsible for identifying, understanding and complying with all laws, rules and regulations that apply to their business. For example, paying taxes, getting permits or licences before opening their online shop on TasteBack.

If you have any questions, please contact hello@tasteback.co.uk

INFORMATION ABOUT US

Tasteback Ltd is registered in Scotland under company number SC658665 and we are based in Edinburgh.

We are an online marketplace where people can buy and sell food & drinks that they produce. The TasteBack Website is a venue that allows local food & drinks producers (“Producer”) and customers who comply with the Terms and Tasteback’s policies and guidelines to offer, sell and buy food & drinks (“Products”). 

The Company is not a Producer. The Company facilitates the fulfillment of the delivery of Products purchased on the TasteBack Website, but is not a party to any transactions between customers and producers. 

Whilst the Company tries to ensure that material included on the TasteBack Website is correct, it has no control over the quality, safety or legality of any aspect of the items listed, the truth or accuracy of the listings, as Producers themselves open and manage their online shop on the Website. 

ACCESSING TASTEBACK

There may be occasions when the TasteBack Website is unavailable to you.

Access to TasteBack is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through our products without notice. We shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the TasteBack Services at any time or for any period.

We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the TasteBack Website and the content therein available to you. Whilst we take all reasonable steps in our power to provide you with a good level of service, you acknowledge and agree that we do not warrant that the TasteBack Website shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Website as a result of our third party providers.

From time to time, we may restrict access to the TasteBack Website and to users who have registered with us. Any personal data and other information provided by you will be processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Terms of Use.

REGISTERING ON THE TASTEBACK WEBSITE

To order from the TasteBack Website, users must first register with us. This is not a credit account, and payment will be required if products are ordered.

The personal and payment details you give to us are governed by the Privacy Policy.

The TasteBack Website is available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

In addition, you agree to abide by the Company’s policies as stated in the Terms of Use and the Company policies listed below (if applicable to your activities on or use of the TasteBack Website), as well as all other operating rules, policies and procedures that may be published from time to time on TasteBack, each of which is incorporated into these Terms of Use by reference and each of which may be updated by us from time to time:

Privacy policy

Selling Guidelines

In addition, some services offered through the TasteBack Website may be subject to additional terms and conditions published by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

You understand that a breach of any of the Terms of Use may result in your use of services on the TasteBack Website being restricted.

Be honest: Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. You must keep your TasteBack account and public TasteBack profile page information up-to-date at all times.

Choose an appropriate username: If you decide to not have your legal name serve as the username associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

Provide your full name and company name: People who register on the website must use their legal name and legal company name. If you use a fake name or someone else’s name to place orders or to open a Seller Shop you violate the Terms.

You’re responsible for your account: You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

PASSWORD AND SECURITY

You will keep your password a secret. You are responsible for anything under your password.

When you register to use the TasteBack Website you will be asked to create a unique password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately at hello@tasteback.co.uk. We would also suggest that you also change your password immediately through the Edit Profile/ Change Password section of the TasteBack Website.

If we have reason to believe that there is likely to be a breach of security or misuse of the TasteBack Website, we may require you to change your password or we may suspend your account.

PURCHASING PRODUCTS ON THE TASTEBACK WEBSITE

Please note that when you purchase products on the TasteBack Website the resulting legal contract is between you and that Producer and is based on the Terms of Use. Even though we may facilitate the fulfillment of the transaction, all transactions are entered into between you and the Producer.

Each order you place shall be deemed to be an offer by you to purchase the Products from the relevant Producers subject to the Terms of Use and the applicable product details. After you place an order, you will receive an order confirmation that we have received your order which we will pass on to the relevant Producer. You should carefully review these Terms of Use, the order confirmation and the applicable details on the product page in relation to the order. This confirmation email will signify acceptance of your order and a legally binding contract will be formed between you and the relevant Producer.

Producers will do all that they can to ensure that your order is fulfilled. Products are, however, subject to availability, market and weather conditions and seasonal changes so there may be occasions that a Product is not available for delivery. If Producers are unable to deliver an item you have ordered, you will not be charged for it. We will, however, bear no liability for unavailability of Products.

Some images of the Products listed on the TasteBack Website may be stock photographs used by Producers for illustrative purposes only. Although Producers will make every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the TasteBack Website are for information purposes only.

You may submit orders for Products by using our online ordering facility on the TasteBack Website  at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

All orders must be made within the order deadlines specified on the TasteBack Website.

Each Product for which you click ‘Add to trolley’ is added to a ‘your trolley’ facility. You are given the opportunity to review the quantity of order of each item in your trolley when you choose to checkout. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking ‘place order’. After you place the order, you have 2 hours to cancel the order as this happens before the order is being sent to the producer. 

Your submission of an order amounts to an offer to enter a contract to buy the Products from the individual Producers. Subject to the paragraph above, you cannot then withdraw or cancel your order except as stated above.

All prices for Products are inclusive of any applicable VAT.

For more information on ordering please contact hello@tasteback.co.uk.

DELIVERY

Please note that delivery is only available in a limited area. Customers can check delivery areas via the Postcode checker on the TasteBack website.

If delivery is available to your postcode, we will make the delivery to the address provided by you at checkout.

There may be costs involved in home delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be  based on a flat fee. 

We always aim to deliver your goods within the delivery window, but we cannot accept liability if we deliver the goods outside of this window or don’t deliver all or any of the goods in your order.

You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.

If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes.

PAYMENTS

The Company uses third party payment handlers to process all payments made via the TasteBack Website.https://squareup.com/gb/en

Square is a quick and secure way to accept credit and debit card payments from TasteBack customers. Squareup Europe Ltd is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (registered reference no. 900846) for the issuing of electronic money and provision of payment services.

Square is used on the TasteBack Website as a means of payment. By signing up to TasteBack, you agree to be bound by the Terms and Conditions of Squareup Europe Ltd (6th Floor One London Wall, London, EC2Y 5EB) that you can find here: https://squareup.com/gb/en/legal/general/ua

PRODUCER SERVICE FEE

TasteBack may charge fees to Producer (“Producer fees”) and/or Customers (“Customer fees”) (collectively “Service fees”) in consideration for the use of the TasteBack website. 

Any applicable Service Fees (including any applicable Taxes) will be displayed to a producer or customer prior to uploading a product or placing an order on the TasteBack Website. TasteBack reserves the right to change the Service Fees at any time, and will provide users adequate notice of any fee changes before they become effective. Such fee changes will not affect any orders made prior to the effective date of the fee change.

You are responsible for paying any Service Fees that you owe to TasteBack. The applicable Service Fees (including any applicable Taxes) are collected by TasteBack through our payment processor Squareup Europe Ltd. TasteBack through Square will deduct any Producer fees from the sale fee before remitting the payout to you. Except as otherwise provided on the TasteBack website, Service Fees are non-refundable. 

RETURNS POLICY & REFUNDS

Please inspect the Products as soon as possible after delivery and notify the Producer promptly if you find any defects, by using the chat from the respective suborder in your User Account / Orders History tab. We will replace or refund you for defective Products. Otherwise our liability is limited.

In respect of non-perishable items, you have the right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (“CCRs”), the contract at any time until the expiry of the 14 working days after the day on which you receive the goods you ordered. Please note that you do not have a right under the CCRs to cancel orders in respect of food or other perishable items.

Any paid delivery charge will be included in your refund once we have received all (not part) of your order. Please note the delivery charge refund will be to the value of standard delivery. We will process your refund within 14 days of receipt of the returned products. You must take reasonable care of the goods while in your possession and they must be returned in a saleable condition such that they can be returned to the relevant Producer before we can issue your refund. We refund the delivery charge only if you request refund for the entire order, not just for one product.

Products should be returned in or with any original packaging. We will arrange with you for cancelled non-perishable goods to be returned to us, at your cost, and we will credit your payment card with the price of such goods within a reasonable period from the day on which cancellation was given (provided payment has already been debited to your payment card).

REFUNDS INFORMATION FOR PRODUCERS

Customers have the right to request refunds for non-perishable items at any time until the expiry of the 14 working days after the day on which the customer has received the goods ordered from you. Customers will contact you directly to discuss the situation. Products will be returned to us, at the expense of the customer in the original packaging. 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

We love when you leave feedback and we might share it with other users. Although we don’t own your content, by posting it on our site you grant us a licence to use it.

The TasteBack Website may provide users with an opportunity to provide feedback in a variety of forums including, but not limited to product reviews and TasteBack Website. This helps our users to share factual information and personal opinions about Products, and provide views and opinions on a variety of topics.

Users may have the ability to post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information where available to do so on TasteBack, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. We reserve the right to remove or edit such content. If you believe that any content on the TasteBack products, website, apps contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the TasteBack Website, please notify us at hello@tasteback.co.uk

We do not claim ownership rights in your content. If you post content or submit material, and unless we indicate otherwise, you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You agree to allow the Company to store or re-format your content on the TasteBack products and display your content on the TasteBack Website in any way we choose. We will only use personal information in accordance with our Privacy policy. This allows us to provide our services and to promote TasteBack, your online shop, or the Services in general, in any formats and through any channels, including across any TasteBack Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

If you upload a photo on for a product in your shop, we have permission to display it to buyers, and we can resize it so it looks good to a buyer using our mobile website; if you post a beautiful photo of the product you’re selling, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and TasteBack’s.

By uploading content to the TasteBack Website you promise that you own and/or have the right to use such content in this manner and that such content does not infringe any third party intellectual property rights. In the event that we receive a complaint in respect of any content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate us for any loss suffered. We reserve the right to remove any such content immediately.

TasteBack may offer Producers the option of having a professional photographer and video maker take photos or shoot videos of their businesses. You are responsible for ensuring that your products are accurately represented and you will stop using those images / videos on or through the TasteBack website if they no longer accurately represent your products or if your TasteBack account is terminated or suspended for any reason. You acknowledge and agree that TasteBack shall have the right to use any of these images / videos for advertising, marketing or publicity purposes, including limited use by permitted third parties, in any media or platform. TasteBack in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use these images/videos outside of the website solely for your personal and non-commercial use.

LEAVING REVIEWS TO PRODUCERS

Within a certain timeframe after completing an order, customers can leave a public review (“Review”) and submit a star rating (“Rating”) about the Producer. Ratings or Reviews reflect the opinions of individual customers and do not reflect the opinion of TasteBack. Ratings, Reviews and Q&A are not verified by TasteBack for accuracy and may be incorrect or misleading.

Ratings, Reviews or Q&A comments by customers must be accurate and may not contain any offensive or defamatory language. 

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content, ratings, reviews and Q&A. We reserve the right to remove or edit such content. If you believe that any content on the TasteBack products, website contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the website, please notify us at hello@tasteback.co.uk

Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about a seller.

Ratings, Reviews and Q&A are part of the Producer’s public profile and may also be surfaced elsewhere on the website (such as the Product page) together with other relevant information.

TERMINATION

All users may delete their account on TasteBack at any time using the settings in the User Dashboard / Edit Profile tab. 

Terminating your account will not affect the availability of some of Your Content that you posted on the TasteBack Website prior to termination and you’ll still have to pay any outstanding bills.

We may terminate or suspend your account (and any related accounts) and your access to the Website at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Website, for example, to sell or buy on our website. TasteBack may refuse service to anyone, at any time, for any reason.

If you or TasteBack terminate your account, you may lose any information associated with your account, including Your Content.

TasteBack reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

DISPUTES WITH OTHER USERS

If you find yourself in a dispute with another user from the TasteBack Website or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Customers and Producers who are unable to resolve a dispute related to a transaction on our website may participate in our case system. TasteBack will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. TasteBack has no obligation to resolve any disputes.

You release TasteBack from any claims, demands, and damages arising out of disputes with other users or parties.

NO UNDERTAKING

We cannot give any undertaking, that Products and/or services you purchase from Producers through the TasteBack Website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Producer. Where you order goods and/or services through the TasteBack Website we may disclose your customer information related to that transaction to the relevant Producer.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the TasteBack Website and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

We own, or are the licensee to, all right, title and interest in and the Website, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the TasteBack Website.

You must not extract or otherwise use any of the content on TasteBack for commercial purposes without obtaining a licence to do so from us or our licensors.

We respect the intellectual property rights of others and we ask our users to do the same. If you are aware that any of your intellectual property rights have been infringed on the TasteBack website, please contact us to report the concern.

NO RELIANCE ON INFORMATION

Although we believe everything on the Tasteback Website is up to date and accurate, we can’t guarantee that it is.

The content on the website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date. We have no obligation to verify the content of such information or to edit any such information provided by third parties and Producers selling on the platform. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.

LIMITATION OF LIABILITY

We disclaim any legal liability for the quality, safety, reliability or any events that transpire from your use of the TasteBack Website.

You acknowledge that your use of the TasteBack Website and its content is at your own risk.

Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other any damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.

For this clause “we” and “our” is defined to include our affiliates, officers, directors, employees, agents and third party service providers.

LINKING TO OUR SITE

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

If you wish to make any use of content on our site other than that set out above, please contact hello@tasteback.co.uk

THIRD PARTY LINKS AND RESOURCES ON THE TASTEBACK WEBSITE

From time to time, the TasteBack Website may also include links to other websites, which are not under the control of the Company. These links are provided for your convenience to provide further information. We have no control over the nature, content and availability of those sites and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

INDEMNITY

If we are sued because of your use of or conduct on TasteBack, you have to help pay for it.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these Terms or relate to your use of TasteBack. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.

WAIVER

If we fail at any time to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

APPLICABLE LAW

Your use of the TasteBack Website, these terms and conditions and the TasteBack Privacy Policy and any dispute arising in connection with them is subject to the laws of Scotland. In the event of any dispute you agree to submit to the exclusive jurisdiction of the Scottish courts.

While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of Producers to sell items; or that a Producer will actually complete a transaction.

NEWSLETTER SUBSCRIPTION

By registering with TasteBack your e-mail address will be used for marketing purposes until you unsubscribe. It is possible to unsubscribe at any time.

We reserve the right to send occasional emails with tips and tricks to all Producers who are registered on TasteBack. 

COMMUNICATIONS

By using the TasteBack Website or sharing your details with us (phone number, address, email), you consent to receiving communications from us in a variety of ways, such as by email, text, letter. 

PRIVACY STATEMENT

You will have the opportunity to input your personal information on the TasteBack Website. Please see our Privacy policy below for further details on how we use this information. Where you do consent to our holding and using of your personal information, it is intended that such consent will benefit any purchaser of our business.

CHANGES TO THESE TERMS

We may revise these Terms of Use or other policies at any time, so please review the policies frequently to take notice of any changes we make, as they will be binding on you. If we make a material change we will notify you here, by email, by means of a notice on our homepage, or any other way we deem appropriate. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.

If at any time you find these Terms of Use unacceptable, you should leave the Website and cease all use of the Website. Your continued use of the Website signifies that you agree to be bound by these Terms and Conditions as they are amended.

CONTACT INFORMATION

If you have any questions about the Terms, please email us at hello@tasteback.co.uk.

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