1. DEFINITIONS AND INTERPRETATION
“Takeaway/We/Us/Our” means Sindhoor Manchester Ltd is a company registered in England and Wales with registered company number 11057226, whose registered office is at Companies House, 178a Bury New Road Whitefield, Manchester, M45 6QF.
Our takeaway Site (https://sindhoorwhitefield.co.uk/ordernow/) is operated by FusionPOS, is a trading name of Fusion Innovative Limited, a company registered in England & Wales. Company Reg No. 10752563. Website https://www.fusionpos.co.uk.
We are committed to protecting the privacy of all visitors to https://www.sindhoor.co.uk/ & https://sindhoorwhitefield.co.uk/ (“Our Sites”). We only collect and use personal data in ways that are described here, and in a manner that is consistent with our obligations and your rights under the law. We perceive that your privacy is important to you and that you care about how your data is used and shared online.
1.1 Customer care is extremely important to Sindhoor Manchester, therefore, if you are dissatisfied with the quality of food ordered through this Website, Sindhoor Manchester will refund you an amount equivalent to the value of the order that you are unhappy with. Please note that any complaint must be lodged with our customer care team using the method described above within 24 hours of placing the order. Sindhoor Manchester shall have complete discretion in deciding whether to refund orders after this 24 hour period has expired.
1.2 You may access some areas of this Website without making an order, and registering your details with us. Most areas of this Website are open to everyone.
1.3 By accessing any part of this Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave this Website immediately.
1.4 Sindhoor Manchester may revise these Website Terms at any time. You should check this Website regularly to review the current Website Terms because they are binding on you.
1.5 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
In this Policy, the following terms shall have the following meanings:
“Personal data” means any data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to us via our Site. This definition shall, where applicable, incorporate the definitions provided in the General Data Protection Regulation 2016/679 (“GDPR”); and “Takeaway/We/Us/Our” means Sindhoor Manchester.
2. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
2.1 Once you have selected your order from the menu of your choice you will be allowed to submit your order by clicking on the “proceed” button. Please note it is important that you check the information that you enter and correct any errors before clicking on the “proceed” button since once you click on this input errors cannot be corrected.
2.2 If at any time before you click on the “proceed” button, you decide that you do not wish to proceed with your order, you should close the application window.
2.3 On receipt of your payment, Sindhoor Manchester will begin processing your order and we will send you a notification by email that payment has been received and that your order is being processed.
2.4 Where any payment you make is not authorised you will be returned to the previous page on the Website and we shall not be obliged to provide the services.
2.5 Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order nor will you be entitled to a refund.
2.6 Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account.
3. PRICE AND PAYMENT
3.1 Prices will be as quoted on this Website.
3.2 This Website contains a large number of menus and it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is higher than the price stated on the Website, Sindhoor Manchester will normally contact you before the order in question is dispatched. Sindhoor Manchester is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
3.3 In case of a complaint because you are dissatisfied with the quality of your order as described in paragraph 1.1 above, you must provide all evidence required by Sindhoor Manchester to substantiate your claim. Sindhoor Manchester shall have sole discretion in deciding whether a complaint lodged in accordance with paragraph 1.1 above warrants a refund. Sindhoor Manchester shall only provide refunds in respect of claims that it considers (at its sole discretion) to be honest and genuine.
3.4 Payment for all orders must be by credit or debit card or stated as on this Website.
3.5 A discount may apply to your order if you use a promotional code recognised by this Website and endorsed by Sindhoor Manchester.
3.6 Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account or credit card
4.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
4.1.1 Unless otherwise stated, the copyright and other intellectual property rights in this Website and the material published on it (including without limitation photographs and graphical images) are owned by Sindhoor Manchester Ltd licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For these Website Terms, any use of extracts from this Website other than following paragraph 4.1 is prohibited.
4.1.2 You must not modify the digital or paper copies of any materials that you print off following paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
4.1.3 You must ensure that Sindhoor Manchester’s status as the authors of the material on this Website must always be acknowledged.
4.1.4 You are not allowed to use any of the materials on this Website or the Website itself for commercial purposes without obtaining a licence from Sindhoor Manchester to do so.
4.2 Except as stated in paragraph 4.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
4.3 Any rights not expressly granted in these Website Terms are reserved.
5. SERVICE ACCESS
5.1 While Sindhoor Manchester tries to ensure this Website is normally available twenty-four (24) hours a day, Sindhoor Manchester will not be liable if this Website is unavailable at any time or for any period.
5.2 Access to this Website may be suspended temporarily and without notice.
5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
6. VISITOR MATERIAL AND CONDUCT
6.2 You are prohibited from posting, uploading or transmitting to or from this Website any material that:
6.2.1 breaches any applicable local, national or international law;
6.2.2 is unlawful or fraudulent;
6.2.3 amounts to unauthorised advertising; or
6.2.4 contains viruses or any other harmful programs.
6.3 You may not misuse the Website (including by hacking).
6.4 Any comments or feedback that you submit through the Website must not:
6.4.1 contain any defamatory, obscene or offensive material;
6.4.2 promote violence or discrimination;
6.4.3 infringe the intellectual property rights of another person;
6.4.4 breach any legal duty owed to a third party (such as a duty of confidence);
6.4.5 promote illegal activity or invade another’s privacy;
6.4.6 give the impression that they originate from us; or
6.4.7 be used to impersonate another person or to misrepresent your affiliation with another person.
6.5 The prohibited acts listed in paragraphs 6.2 to 6.4 above are non-exhaustive. You will pay Sindhoor Manchester for all costs and damages which it incurs as a result of you breaching any of these restrictions.
6.6 Sindhoor Manchester will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 6.2 to 6.4
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Sindhoor Manchester has not reviewed all of these third-party websites and does not control (and is not responsible for these websites or their content or availability). Sindhoor Manchester does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
7.2 You may link to this Website homepage, provided that you do so fairly and legally which does not damage Sindhoor Manchester’s reputation or take advantage of it.
7.3 You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by Sindhoor Manchester where none exists.
7.4 The website from which you link must comply with the content standards set out in these Website Terms.
7.5 Sindhoor Manchester has the right to withdraw the linking permission at any time.
8.1 While Sindhoor Manchester tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. Sindhoor Manchester may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and Sindhoor Manchester makes no commitment to update that material. In particular, we do not promise that the information provided by the Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.
8.2 Sindhoor Manchester provide you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).
8.3 You are responsible for the security of your password that you used to register with this Website. Unless Sindhoor Manchester negligently discloses your password to a third party, Sindhoor Manchester will not be liable for any unauthorised transaction entered into using your name and password.
9.1 Sindhoor Manchester may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
9.1.1 Sindhoor Manchester believes you have posted material in breach of paragraphs 6.2, 6.3 or 6.4 (Visitor Material and Conduct);
9.1.2 Sindhoor Manchester believes that you have breached paragraphs 7.2, 7.3 or 7.4 (Links to and from other websites); or
9.1.3 if you breach any other material terms of these Website Terms.
9.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
10.1 Sindhoor Manchester, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of the use of this Website, any websites linked to this Website or the material on these websites.
10.2 Sindhoor Manchester takes full responsibility for the content of this Website and for the communication of orders as set out in these Website Terms. Sindhoor Manchester’s customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavours to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and Sindhoor Manchester Ltd that you place your order with. Sindhoor Manchester cannot give any undertaking that the food and beverages ordered through this Website will be of satisfactory quality and any such warranties are disclaimed by Sindhoor Manchester. Neither can Sindhoor Manchester give an undertaking that the estimated collection times stated on this Website are accurate. These disclaimers do not affect your statutory rights.
10.3 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from Sindhoor Manchester’s negligence, nor Sindhoor Manchester’s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
10.4 With the exception of any liability referred to in paragraph 10.3 above, Sindhoor Manchester’s total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent the value of your order.
10.5 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
11. GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.
12. ADDITIONAL TERMS
12.2 If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part-provision had never been agreed.
12.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
12.4 You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
12.5 The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
1 What Does This Policy Cover?
2. Your Rights
2.1 As a data subject, you have the following rights under the GDPR, which this Policy and our use of personal data have been designed to uphold:
2.1.1 The right to be informed about our collection and use of personal data;
2.1.2 The right of access to the personal data we hold about you (see section 9);
2.1.3 The right to rectification if any personal data we hold about you is inaccurate or incomplete (please contact us using the details in section 13);
2.1.4 The right to be forgotten – i.e. the right to ask us to delete any personal data we hold about you (we only hold your personal data for a limited time, as explained in section 6 but if you would like us to delete it sooner, please contact us using the details in section 13);
2.1.5 The right to restrict (i.e. prevent) the processing of your personal data;
2.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
2.1.7 The right to object to us using your personal data for particular purposes; and
2.1.8 Rights with respect to automated decision making and profiling.
2.2 If you have any cause for complaint about our use of your personal data, please contact us using the details provided in section 14 and we will do our best to solve the problem for you. If we are unable to help, you also have the right to complain with the UK’s supervisory authority, the Information Commissioner’s Office.
2.3 For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens’ Advice Bureau.
3. Information that we collect from you
Depending upon your use of our Site, we may collect some or all of the following personal and non-personal data
3.3 contact information such as email addresses and telephone numbers;
3.4 delivery address, if you place an order with us;
3.5 demographic information such as postcode, preferences, and interests;
3.6 IP address;
3.7 web browser type and version;
3.8 operating system.
Please note our Site may ask you for payment details, such as billing information or credit or debit card information, however, all payments made via our Site will go through a third party payment processor such as PayPal and as such, we will have no access to this data. A separate contractual relationship will be created between you and the payment processor on their terms and conditions and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
4. Use of your information
4.1 All personal data is processed and stored securely, for no longer than is necessary for light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
4.2 Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you (e.g. by placing an order with us), because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
4.2.1 Providing and managing your access to our Site;
4.2.2 Personalising and tailoring your experience on our Site;
4.2.3 Supplying our goods and services to you (please note that we require your personal data in order to enter into a contract with you);
4.2.4 Replying to emails from you;
4.2.5 Supplying you with emails that you have opted into (you may unsubscribe using the link at the bottom of each email or you may opt-out at any time by emailing us directly);
4.2.6 Analysing your use of our Site to enable us to continually improve our Site and your user experience.
4.3 With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email with information, news and offers on our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
4.4 Third parties whose content appears on our Site may use third-party Cookies, as detailed below in section 12. Please refer to section 12 for more information on controlling Cookies. Please note that we do not control the activities of such third parties, nor the data they collect and use, and we advise you to check the privacy policies of any such third parties.
4.5 You have the right to withdraw your consent to us using your personal data at any time and to request that we delete it.
4.6 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.
5. How Do We Store Your Data?
5.1 We only keep your personal data for as long as we need to in order to use it as described above in section 4, and/or for as long as we have your permission to keep it.
5.2 Data security is very important to us, and to protect your data we have taken suitable measures to safeguard and secure data collected through our Site.
6. Disclosure of your information
6.1 We share your data with FusionPOS, as the provider of our Takeaway Site. We may also sometimes contract with other third parties to supply goods and services to you on our behalf. These may include, payment processors, search engine facilities and sub-contractors. In some cases, these third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law.
7.2 We may compile statistics about the use of our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
7.3 We may sometimes use third party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where we transfer any personal data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR.
7.4 In certain circumstances, we may be legally required to share certain data held by us, which may include your personal data, for example, where we are involved in legal proceedings, where we are complying with legal requirements, a court order, or a governmental authority.
7.5 If you have consented we may allow carefully selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about services that may be of interest to you. They may contact you by telephone, SMS as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know by using the contact details set out in section 13 below and/or by amending your profile accordingly.
7.6 Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.
8. What Happens If Our Business Changes Hands?
8.2 In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.
9. How Can You Control Your Data?
9.1 In addition to your rights under the GDPR, set out in section2 when you submit personal data to us via email or via our Site, you may be given options to restrict our use of your data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails, at the point of providing your details and by contacting us).
9.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you from receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receive.
10. Your Right to Withhold Information
You may access certain areas of our Site without providing any data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.
11. How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by us (where such data is held). Please contact us for more details using the contact details below in section 13.
12.1. Our Site does not have any first-party cookies.
12.2 Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies;
12.4 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
13. Contacting Us