Here you will find our Terms & Conditions / Privacy Policy

Terms & Conditions

This page tells you the terms and conditions on which food and drink on this website (Products) will be supplied by us to you. Please read these carefully before ordering. You should understand that by ordering any Products, you agree to be bound by these terms and conditions. We reserve the right to amend the Terms & Conditions at any time by posting changes online and you should periodically review them on this site.

Upon placing an order, a contract is formed between you and Waterfall (“Us or “We”). No other party is involved in any aspect of the contract between us.

Information About Us
This website is operated by Silverdale Spice Ltd t/a Waterfall (We or Us).
Business address: 4 The Parade, Silverdale Road, Earley, Reading, RG6 7NZ.

Purpose / Service
This site is intended to provide a simple and convenient service to our customers enabling them to see our menu and place orders with us online. By creating an account, which is free, customers can view and add items from previous orders, save different delivery addresses, change their contact information and password.

Changes
We always try and ensure all information given on the website is accurate, but it is subject to change without notice. It is not intended to give rise to any legally binding obligation and may not be considered to make any representation on any matter.

Waterfall also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the site.

Waterfall may use anything you transmit or post for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.

Your Status
By placing an order through this site, you confirm that:

You are legally capable of entering into binding contracts; and
You are at least 18 years old.
If you are purchasing alcohol and appear to be under the age of 21 you will be required to prove that you are over 18. Only the following forms of I.D. will be accepted: Passport, Photo Driving License.

Customer Responsibilities
When making an order via our website you must carefully check the order details prior to clicking the “Place Order” button.

It is your responsibility to enter an accurate and complete delivery address (where applicable) to ensure we can find the correct address without unnecessary delay. Orders that we are unable to deliver due to incorrect address details will be charged in full.

You must ensure that delivery can be made to the address at the selected time period. If we are unable to make delivery at the given address at that time then we will consider the order cancelled at full cost. No rescheduling of delivery will be permitted.

In the case of addresses that are irregular or difficult to locate, it is your responsibility to clearly mark special delivery instructions in the box provided. Failure to do so may result in a delayed delivery, or the order being cancelled by us.

Password/Account Security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Waterfall is not liable for any loss or damage which may arise as a result of any failure by you to protect your password or account.

How the Contract Is Formed
After placing an online order, you will receive an auto-generated email message acknowledging your order. Subsequently unless you will receive another email refusing the order the contract between us is confirmed.

We may try to contact you should there be any issues with the order to do with but not limited to:

Availability of particular dishes/items
Specific requests you may have made
Timing / Delivery issues.

All transactions are at our discretion. We reserve the right to decline any order and are not obligated to give any reason. In exceptional circumstances we may have to change the order details and/or timings for example if we are unable to supply a particular menu item. In this situation you will have the right to cancel the order and if you decide to do so will receive a full refund.

Amendment and Cancellation of Orders
You will not have any right to amend or cancel an order once accepted by us. However, if you wish to cancel or amend an order or delivery time after it has been placed please contact us by phone as soon as you can. We will try and accommodate such requests but if, for example we have already started preparing your order, this may not be possible.

Where we agree to a cancellation and you have already paid, we will aim issue a refund within 7-10 working days. Once an order has been placed, unless we agree to a cancellation request which is entirely at our discretion, you will be liable for payment in full.

Delivery and Collection Times
We do our utmost to ensure orders are ready for collection or are delivered at the time indicated when an order is placed. Unfortunately there may be factors beyond our control that prevent us from achieving this such as heavy traffic, roadworks, severe weather conditions, transport breakdown etc.. Where possible we will try and notify you of delays. We shall have no liability whatsoever for any delay or failure to deliver or for orders that are not ready for you to collect on time where such delay or failure is caused by a circumstance beyond our reasonable control.

Promotions and Discounts
From time to time we may offer discounts or other promotions which you can take advantage of when ordering online using designated offer codes. Such offers are subject to their own specific terms and conditions and are always subject to availability. Promotions or discounts may be refused or withdraw at any time.

Online Purchase of Alcoholic Drinks
Where we offer alcoholic drinks for sale via this site, these are the specific conditions that apply.

All transactions are at our discretion and we are not obligated to give any reason if supply is refused. We will not supply you if we believe:

You are excessively drunk.
Alcohol will be passed to under 18’s.

If you appear to be under the age of 21 years old you will be required to prove that you are over 18. Only the following forms of I.D. will be accepted: Passport or Photo Driving Licence.

The person placing and paying for the order must be present at when collecting or at the delivery address and only they can take delivery.

Intellectual Property
The website and apps and the content, functionality and design of the websites and apps is protected in the UK and elsewhere in the world by copyrights, trade marks, designs and/or design rights and other intellectual property rights either used by us under licence from a third party or owned by Waterfall. None of the websites and apps, the websites and apps content, the websites and apps functionality or the websites and apps design, nor any part of any of each, may be used in any manner whatsoever, except either as provided for in these Terms or in the text on the websites and apps or within the strict terms of the written permission of Waterfall obtained for the proposed use in advance of such use (and in respect of which Waterfall neither warrants nor represents that your proposed use will not infringe any third party rights).

Liablity
Should you be dissatisfied in any way with the goods and services provided relating to an order placed via this website or in the event of any claims for damage caused by the fulfilment of the order or by the goods and services themselves, you must take this up with us. Suppliers to Waterfall disclaim any liability in connection with orders.

Our liability for failing to deliver Products of satisfactory quality or otherwise breaking this contract is limited to the price of those Products.

Under no circumstances, including, but not limited to, negligence, shall Waterfall be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Waterfall or a Waterfall authorized representative has been advised of the possibility of such damages. In no event shall Waterfall have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this site.

Disclaimer
Waterfall shall not be liable for any damages or injury resulting from your access to, or inability to access, this site, or your reliance on any information provided at this site. Without limiting the foregoing, everything on the site is provided to you “as is” without warrantee of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Waterfall does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Waterfall does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Waterfall) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Third Party Rights
Only you and Waterfall shall be entitled to enforce the Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (rights of Third Parties) Act 1999 or otherwise.

Law, Jurisdiction & Language
Any matter that arises out of your use of the website shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be construed in English.

You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the website. To the extent that the website would infringe any law of a jurisdiction other than England, then you are prohibited from accessing the website or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms.

Privacy Policy

We take the security of your information very seriously.

This website is intended to provide a simple and convenient service to our customers enabling them to see our menu and place orders with us online. By creating an account, which is free, customers can view and add items from previous orders, save different delivery addresses, change their contact information and password.

Whether you just place an order or create an account (and provide more information about yourself), all your data will be handled in the strictest confidence.

We operate a privacy policy which is in keeping with the applicable UK and European rules and regulations regarding the handling of personal data which we collect via our website. Unless you expressly authorise us to use your data for certain specific purposes, none of the personal data which we store in our databases shall be disclosed to third parties or used for any purposes other than to facilitate the placing and fulfilment of orders or to compile anonymous usage statistics. You have a right to access, modify or delete any personal data of yours which we hold.

We use leading technologies to prevent any unauthorised access to your information.

All your personal Information shall be held and used in accordance with the Data Protection Act 1998 (the “Act”). By accessing this website, you agree to the terms of this Privacy Policy and consent to the processing of your data as described.

What Information do we collect?
We only collect personal information from our visitors on a voluntary basis. Personal information provided will only be used for the purposes outlined at the time of collection.

You can access the Welcome page and browse our site without disclosing your personal information.

When you visit our Website you may provide us with two types of information:

personal Information you provide to us on an individual basis during ordering or registering for an account; and
website use information collected as you and others browse our Website.

If you create an account you can amend your personal information instantly via the My Account section at any time.

We maintain the highest standards of security, however the transmission of information via the Internet is not completely secure. So, whilst we will do our best to protect your Information, we cannot ensure the security of your data transmitted to our Website. Any information you submit is sent at your own risk. Once we have received your Information we will use strict procedures and security features to prevent unauthorised access.

Similar to other commercial websites, our Website uses a technology called “cookies” and web server logs to collect information about how our Website is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our Website, and the websites visited just before and just after our Website.

What Are Cookies?
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.

How Do We Use Information We Collect from Cookies?
As you browse on our Website, the website uses cookies to differentiate you from other users to prevent you from seeing unnecessary advertisements or requiring you to log in more than is necessary for security. Cookies, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting our Website and which parts of the website are most popular. This helps us gather feedback so that we can improve our Website and better serve our customers. Cookies do not allow us to gather any personal Information about you and we do not generally store any personal Information that you provided to us in your cookies.

How Do We Use the Information That You Provide to Us?
We use your Information in the following ways:
to ensure that content from our Website is presented in the most effective manner for you and your computer;
to allow you to register an account or order any products and services available on our Website where you choose to do so;
to notify you about changes to our service;
in accordance with your authorisation at the point of Registration;
if you have given your consent, to contact you with information about products, services and special offers that we feel may be of interest to you or to ask you to participate in customer research.

We may pass your Information to carefully selected third party organisations:

if we buy or sell the business or assets in which case we may disclose your Information to the seller or buyer of such business or assets;

if we are under a duty to disclose or share your personal data to comply with any legal obligation or in order to enforce or apply our terms and conditions and other agreements or protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.

Your Consent
By using our Website you consent to our collection and use of your Information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on our Website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

Where we store your personal data
Data and Information that we collect from you may be transferred to and stored at a destination outside the European Economic Area (“EEA”). You consent to our sending and storing Your Information outside the EEA. We will take all steps reasonably necessary to ensure that your Information is treated securely and in accordance with this Privacy Policy.

Information About Us
This website is operated by Silverdale Spice Ltd t/a Waterfall (We or Us).
Business address: 4 The Parade, Silverdale Road, Earley, Reading, RG6 7NZ.

You may request access to all your Information that we collect online and maintain in our database by writing to the Data Controller at our address above. We are entitled to charge a reasonable fee for this service.

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