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Dev Biswal

Terms & Conditions

These terms of website use (the "Terms of Use") apply to the entire contents of this website under the domain WWW.THEAMBRETTE.CO.UK (the "Website") and to any correspondence by email between you and the Company.  Please read the Terms of Use carefully before using the Website.  By using the Website, you indicate that you accept the Terms of Use and that you agree to abide by them.  If you do not agree to the Terms of Use, please refrain from using the Website immediately.
 
1. INFORMATION ABOUT US
The Website is operated by Biswal Limited (the "Company), registered in England and Wales under company number 7140851 and with registered offices at 12 Hatherley Road Sidcup, DA14 4BG.
 
2. ACCESSING THE WEBSITE
2.1 Access to the Website is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the service provided on the Website without notice at any time.  The Company will not be liable if for any reason the Website is unavailable at any time or for any period.
2.2 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 terms, and that they comply with them.
2.3 You may only use our Website for lawful purposes.
 
3. INTELLECTUAL PROPERTY RIGHTS AND LICENCE
3.1 You are permitted to print and download copies and extracts from the Website for your own personal non-commercial use provided that:
3.1.1 no material either printed or downloaded from the Website is modified in any way;
3.1.2 no illustrations, photographs, or any graphics on the Website are used separately from any accompanying text;
3.1.3 the Company's status (and that of any identified contributors) as the authors of  material on the Website is acknowledged and that this permission notice appears on all copies made.
3.2 Unless otherwise stated, the copyright and all other intellectual property rights in the material published on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors.  These works are protected by copyright laws and treaties around the world.
3.3 Subject to clause 3.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
3.4 Any other use of extracts or copies from the Website other than in accordance with clause 3.1 above for any purpose is prohibited.
3.5 If you breach any of these terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded extracts or printed copies or extracts you have made from the Website.
3.6 Any rights not expressly granted in these terms are reserved.
 
4. LIABILITY
4.1 The content on the Website is provided on an "as is" basis and is subject to change at any time at the Company's sole discretion.  If the need arises, the Company may suspend access to the Website, or close it indefinitely.  The Company does not make any warranty, representation or guarantee as to the availability of the Website.
4.2 The content on the website is not intended to amount to advice on which reliance should be placed.  The Company therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or by anyone who may be informed of any of its contents.
4.3 The content on the Website is provided without any guarantees, conditions or warranties as to its accuracy.  Any of the material on the Website may be out of date at any given time, and  the Company is under no obligation to update such material To the extent permitted by law the Company, other members of its group of companies and third parties connected  to the Company hereby expressly exclude:
4.3.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
4.3.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
a) loss of income or revenue;
b) loss of business;
c) loss of profits or contracts;
d) loss of anticipated savings;
e) loss of data;
f) loss of goodwill;
g) wasted management or office time; and
h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable.
4.4 This does not affect the Company's liability for death or personal injury arising from the Company's negligence, nor the Company's liability for fraudulent misrepresentation or misrepsentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
 
5. PRIVACY - Updated 25/5/18 to comply with new GDPR legislation.

The Ambrette is committed to protecting your privacy. In order to provide our services to the customer and to provide a more personalised experience, we need to collect certain information from you. This Privacy Notice explains when and why we collect personal information about you as well as the types of personal data we may collect when you interact with us in-store, online or over the phone. It also explains how we’ll look after your data and keep it safe. There's a lot to digest but we want you to be fully informed about your rights, and how The Ambrette uses your data.

We hope what's below covers everything, but if you have any questions at all, do please drop us a line at emma@theambrette.co.uk. It’s likely that we’ll need to update this Privacy Notice every now and again to make sure it's accurate. We’ll let you know of any major changes, but the most up-to-date version will always be here for you to check.

Explaining the legal bases we rely on

The GDPR law on data protection sets out a number of different reasons a company may collect and process your personal data, including:

Consent

In specific situations, we can collect and process your data with your consent - e.g. when you tick a box online or sign up in store to receive email or postal communication from The Ambrette. When collecting your personal data, we’ll always make clear to you which data is necessary in connection with a particular service

Contractual obligations

In some instances, we need your personal data to comply with our contractual obligations. For example, if you place an order with us, or book a table we need your details to contact you or to deliver your order and we also need to pass your details to a courier or royal mail.

Legal compliance

We may be legally bound to collect and process your data. For example, if someone is involved in any criminal activity or fraud affecting The Ambrette, we need to pass details to law enforcement.

Legitimate interest

We require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests. For example, we may use your purchase history and shopping preferences to offer more personalised offers or products.

How we collect your personal data

There are a number of ways in which we may collect information about you:

  • When you visit our website
  • When you reserve a table with us.
  • When you use our restaurant wi fi and select that you wish to receive our marketing emails. 
  • When you purchase products in any of our restaurants or over the phone
  • When you redeem vouchers from The Ambrette on the phone, in a restaurant or online
  • When you sign up to any of our loyalty programmes e.g. Privilege card, email database, text club
  • When you fill in a contact form on our website
  • When you enter a competition or prize draw or fill in a survey
  • When you comment about or review our products
  • When you fill in any forms in our restaurants e.g. an accident report form
  • When you engage with us on social media
  • When you have given a third party permission to share information they hold about you with us
  • When you visit one of our restaurants or kitchens which may have CCTV systems that may record your image

 The type of personal data we collect

The personal data we may collect includes your name, billing/delivery address, email address, telephone number, special dietary requirements, notes from conversations we have with you, information from voucher redemptions, which of our web pages you visit, information gathered by cookies in your web browser, any comments or product reviews, any information that you may have told us that suggests your preferences (e.g. you may have told us that you are vegetarian) and your social media username if you communicate with us. As some restaurants have CCTV installed, your image may be captured when you visitus. Please note that when you make a gift voucher or gift experience purchase on our website, and when you place an order, we do not hold your card details, it is processed by paypal, our third party payment processors who use secure online capture and processing methods. If you choose to save your credit card details these will be securely held with paypal. When we take credit card details we do not hold your card details. We use a third party called strip, they encrypt your card details and they are PCI compliant

 How and why we use your personal data

When you engage with us, we want to give you the best possible experience. By collecting data about you, it allows us to offer a great and tailored service when you arrive for your reservation and when you purchase gift vouchers online.

When you reserve a table we will take some details so that we can contact you regarding your reservation. We use your data so we can fulfil our contractual obligations to you (such as deliver your gift vouchers and experiences) but also to offer you products and promotions that are more likely to be of interest to you. The data privacy law allows this as part of our contractual obligations and legitimate business interest in understanding our customers and providing the highest levels of service. We will hold your data in our systems for as long as is necessary for each relevant activity or as long as is set out in any contract we have with you.

If you ever wish to change how we use your data, you can do so by contacting emma@theambrette.co.uk

If you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide some services you’ve asked for.

Here are some ways that we'll use your personal data and why:

  • To contact you regarding any details or arrangments for your booking, reservation or order. 
  • To ensure you receive hte best possible service from us. 
  • To request feedback from you regarding your visit with us. 
  • To deal with a complaint. 
  • To process any orders you make in a shop or on our website. If we don't collect your personal data during checkout, we won't be able to process and deliver your order and comply with our legal obligations e.g. your details are passed to a courier company or royal mail. We will keep your details for a reasonable period afterwards in order to fulfill any contractual obligation such as a refund or exchange.
  • Our customer care team need to be able to respond to your queries, complaints or process a refund so we need your contact information in order to respond. We will keep a record of your information including notes on how we communicated with you and what was discussed. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with remarkable customer service and it helps us improve this service to you.
  • We keep your personal data to maintain, update and safeguard your account and to protect our business and your account from fraud or other illegal activities. We'll also monitor your browsing activity in order to identify and resolve any problems and protect the integrity of our websites.
  • When you place an order with us, your card details are collected by our third party payment processors Strip who use secure online capture and processing methods. This helps to protect you from fraud. We do this on the basis of our contractual and legitimate business interests.
  • In some locations we use CCTV to protect our customers, premises, assets and staff from crime. We do this on the basis of our legitimate business interests.
  • If we discover any criminal activity or alleged criminal activity through our use of CCTV, fraud monitoring and suspicious transaction monitoring, we will process this data for the purposes of preventing or detecting unlawful acts. We aim to protect the individuals we interact with from criminal activities.
  • With your consent, we will use your personal data, preferences and details of your transactions to keep you informed about relevant products and tailored special offers, discounts, promotions, competitions and events by email and post. As ever, you can always opt out of hearing from us through these channels at any time.
  • To comply with our legal obligations, we will send you communications required by law or which are legally necessarye.g. significant updates to this Privacy Notice, product recall notices and legally required information relating to your orders. These messages are to inform you about changes to the service we provide you and will not include any promotional content and so do not require prior consent when sent by email or phone.
  • If you enter a competition or prize draw run by us we will use your information to contact you in the event of you winning based on your agreement to the terms and conditions of the competition at the time of entry. The personal data relating to your competition entry will be anonymised after 3 months, unless you are drawn as a winner in which case the terms and conditions of the competition may require a longer period of retention for marketing purposes.
  • To display the most interesting content to you on our website we’ll use data we hold about your product purchases and so on. We do so on the basis of your consent for our website to place cookies
  • We use your data to develop, test and improve our systems and products. We’ll do this on the basis of our legitimate business interests. e.g. customer research to improve our service
  • To comply with our contractual or legal obligations to share data with law enforcement.

Protection of your personal data

The security of your personal data is very important to us and we take a lot of care to handle and store it as best we can and in line with new legislation as we know it is important to you as well as us.

Here are some ways we secure your data:

  • The security of your personal data is very important to us and we take a lot of care to handle and store it as best we can and in line with new legislation as we know it is important to you as well as us.
  • Here are some ways we secure your data:
  • We do not store your card details ourselves, but instead utilise Strip and paypal who are a PCI compliant payment processing provider for all orders placed online and over the phone.
  • We use a reservation system that is password protected.
  • We monitor and check our data security systems for possible vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security.

  How long will we assume your consent for mailings?

After your initial consent to sign up to our mailings, we assume you still want to hear from us if you're engaging with us by opening our emails, visiting the website, placing an order from us or re-registering in-store. If you haven't done any of these things for a period of three years, we will opt you out of further communication.

If you've given us consent to receive postal communications, we often only send out menus and vouchers to our most active customers so we would encourage you to regularly re-register in-store to re-confirm that you still want to hear from us.

 

Length of time we keep your personal data

We only keep your data for as long as is necessary for the purpose it was collected. After that period, your data is deleted.

For instance, if you reserve a table with us or place an order with us, we keep your details for 7 years.  

If we don't see you in-store or online for a period of seven years, we will automatically delete your details.

Who we need to share your personal data with and why

We will never sell or trade your contact details with any third parties, unless we have asked you to do so.

There are some instances where we may have to share your information based on our legal obligations, for instance:

  • Fraudulent activity in our shops or online systems
  • If the police/government ask us to disclose information we may be required to share your personal data with them, however we would assess this sort of request very carefully
  • For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies

For further information please email emma@theambrette.co.uk

 Your rights over your personal data

You have a choice as to whether or not you receive marketing information from us and you can withdraw your consent from specific communication channels at any time.

 

How can you stop the use of your personal data for direct marketing?

There are several ways you can stop direct marketing communications from us:

  • Click the ‘safeunsubscribe’ link in any email communication that we send you. We will then stop any further emails
  • If you want to opt out of the text club, text opt out to 07401913339
  • Contact our data manager emma@theambrette.co.uk  

Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated. We estimate no longer than 2 weeks for email and 8 weeks for postal communications.

Requesting access and making changes to your personal data

You also have the right to access and rectify mistakes in the data we hold about you at any time.

You can also make any changes to your personal information by contacting our data manager emma@theambrette.co.uk

In order to keep your information confidential, we will ask you to verify your identity before proceeding with any requests. If there is a third party acting on your behalf, we will check that they have your permission to act.

Legitimate Business Interests

In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.

 Contacting the Regulator

If you are at all unhappy about the handling of your data, you can send a complaint to the Information Commissioner’s Office by calling 0303 123 1113 or go online to www.ico.org.uk/concerns

If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence.

 Questions?

We hope this Privacy Notice has been helpful in setting out the way we handle your personal data and your rights to control it.

If you have any questions that haven’t been covered, email us at emma@theambrette.co.uk or write to Emma Biswal 14-15 Beer Cart Lane, Canterbury, CT1 2NY

 
6. VIRUSES, HACKING AND OTHER OFFENCES
6.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to our site.  You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
6.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  The Company will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use the Website will cease immediately.
6.3 The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
 
7. LINKING TO THE WEBSITE
7.1 If you would like to link to the Website, you may do so subject to the following conditions:
7.1.1 You link only to the home page of the Website and do so in a manner that is fair and legal and which does not replicate the Website in any way;
7.1.2 You do not remove, distort or otherwise alter the size or appearance of The Ambrette logo or any other content on the Website;
7.1.3 You do not create a frame or any other browser or border environment around the Website;
7.1.4 You do not in any way imply that the Company is endorsing any products or services other than its own;
7.1.5 You do not misrepresent your relationship with the Company nor present any other false information about the Company;
7.1.6 You do not otherwise use any trade marks displayed on this website without express written permission from the Company;
7.1.7 You do not link from a website that is not owned by you; and
7.1.8 Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
7.1.9 You represent and warrant that your website or the server that hosts your website is free from viruses or other forms of harmful computer code and that you have taken all reasonable steps to ensure that this is the case.
7.2 The Company expressly reserves the right to revoke the linking permission granted in clause 7.1 without notice and to take any action it deems appropriate.
7.3 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of this clause 7.
 
8. LINKING FROM THE WEBSITE
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.  The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
8.1 LINKS FROM OTHER WEBSITES
If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
8.1.1 you do not remove, distort or otherwise alter the size or appearance of The Ambrette logo;
8.1.2 you do not create a frame or any other browser or border enviroment around this website;
8.1.3 you do not in any way imply that the Company is endorsing any products or services other than its own;
8.1.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;
8.1.5 you do not otherwise use any of The Ambrette trade marks displayed on this website without express written permission from the Company;
8.1.6 you do not link from a website that is not owned by you; and
8.1.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
 
You represent and warrant that your website or the server that hosts your website is free from viruses or other forms of harmful computer code and that you have taken all reasonable steps to ensure that this is the case.
 
The Company expressly reserves the right to revoke the right granted in paragraph 3.1 for breach of these terms and to take any action it deems appropriate.
 
You shall fully idemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 3.1.
 
9. JURISDICTION AND APPLICABLE LAW
9.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although the Company retains the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.
9.2 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
 
10.VARIATIONS
The Company may revise these Terms of Use at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes the Company makes, as your continued use of the Website will constitute deemed acceptance of any updated or amended terms.  Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Website.
 
11.SEVERANCE
 If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
 
If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
 
12. FORCE MAJUERE
The Company party shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control, and in such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
 
13. YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact: INFO@THEAMBRETTE.CO.UK
 
Thank you for visiting the Website.