1. INTRODUCTION AND OUR ROLE
1.3. Service: We provide a way for you to communicate your
orders ("Orders") for products ("Products") to delivery or
takeaway restaurants ("Restaurants") displayed on the Website
2. WEBSITE ACCESS AND TERMS
2.1. Website access: You may access some areas of the
Website without making an Order or registering your details with us. Most areas
of the Website are open to everyone.
2.2. Acceptance of terms: By accessing any part of the
Website, you indicate that you accept these Website Terms. If you do not accept
these Website Terms, you should leave the Website immediately, and you will not
be able to order any Products through the Website.
2.3. Revision of terms: We may revise these Website Terms at
any time. You should check the Website regularly to review the current Website
Terms, because they are binding on you. You will be subject to the policies and
terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: 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
3. YOUR STATUS
3.1. Capacity and age: By placing an Order through the
Website, you warrant that:
3.1.1. You are legally capable of entering into binding
3.1.2. You are at least 18 years old.
3.2. Alcohol and cigarettes: Furthermore, you acknowledge
and agree that:
3.2.1. Pursuant to the Licensing Act 1964, it is an offence
for any person under the age of 18 to buy, or attempt to buy, intoxicating
liquor, or for any person over the age of 18 to buy intoxicating liquor on
behalf of any person under the age of 18;
3.2.2. Cigarettes are not for sale to persons under the age
of 18; and
3.2.3. Orders containing either alcohol or cigarettes can
therefore not be accepted from or on behalf of persons under the age of 18.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. Compiling your Order: Once you have selected the
Products you wish to order from the menu of your chosen Restaurant and provided
the other required information, you will be given the opportunity to submit
your Order by clicking or selecting the "proceed", "place my
order" or similar button. It is important that you check all the
information that you enter and correct any errors before clicking or selecting
this button; once you do so we will start processing your Order and errors
cannot be corrected.
4.2. Amending or cancelling your Order: Once you have
submitted your Order and your payment has been authorised, you will not be
entitled to change or cancel your Order, nor will you be entitled to a refund
(please refer to paragraph 4.4 for details of the process relating to rejected
Orders). If you wish to change or cancel your Order, you may contact our
Customer Care team as described in paragraph 6.3 and they will attempt to
contact the Restaurant in order to communicate your requests. However, there is
no guarantee that we will be able to reach the Restaurant or that the
Restaurant will agree to your requests as they may have already started processing
4.3. Payment authorisation: Where any payment you make is
not authorised, your Order will not be processed or communicated to the
4.4. Processing your Order and Restaurant rejections: On
receipt of your Order, we will begin processing it by sending it to the
relevant Restaurant and will notify you by email that your Order has been
received and is being processed. Please note that any confirmation page that
you may see on the Website and any Order confirmation e-mail that you may
receive each merely indicate that your Order has been received and is being
processed by us, and does not necessarily mean that your Order has been
accepted by the Restaurant. We encourage all our Restaurants to accept all
Orders and to communicate any rejection promptly, and we will notify you
(generally by email) as soon as reasonably practicable if a Restaurant rejects
your Order. However, Restaurants have the discretion to reject Orders at any
time because they are too busy, due to weather conditions or for any other
4.5. Delivery of your Order: Estimated times for deliveries
and collections are provided by the Restaurants and are only estimates. Neither
we nor the Restaurants guarantee that Orders will be delivered or will be
available for collection within the estimated times.
5. PRICE AND PAYMENT
5.1. VAT and delivery costs: Prices will be as quoted on the
Website. These prices include VAT but may exclude delivery costs (if you opt
for delivery instead of collection) and any online payment administration
charge imposed by the Restaurant (if you pay for your Order online). These will
be added to the total amount due where applicable.
5.2. Incorrect pricing: This Website contains a large number
of menus and it is possible that some of the menus may include incorrect
prices. If the correct price for an Order is higher than the price stated on
the Website, we will normally contact you before the relevant Order is
dispatched. In such an event, neither we nor the relevant Restaurant is under
any obligation to ensure that the Order is provided to you at the incorrect
lower price or to compensate you in respect of incorrect pricing.
5.3. Payment methods: Payment for Orders must be made by an
accepted credit or debit card through the Website or in cash to the Restaurant
at the point of delivery to you.
5.4. Card payments: If you pay by credit or debit card, you
may be required to show the card to the Restaurant at the time of delivery as
proof of identification and so that they can check that the card conforms with
the receipt data for the Order. Please note that from time to time there may be
delays with the processing of card payments and transactions; this may result
in payments taking up to sixty (60) days to be deducted from your bank account
or charged to your credit or debit card.
5.5. Credit and discount vouchers: A credit or discount may
apply to your Order if you use a promotional voucher or code recognised by the
Website and endorsed by this website, and you pay for any balance by credit or
debit card. Please refer to our Voucher Terms & Conditions for the full
terms and conditions applicable to the use of credit and discount vouchers.
Please note that because of standard banking procedures, your bank or card
issuer will initially "ring-fence" the full amount of the Order
(before any credit or discount) in your account for between 3 to 5 working days
(or longer, depending on your bank or card issuer), and this amount will
therefore be unavailable in your account for that period. The credit or
discount will be applied at the time your bank or card issuer transfers the
funds for your Order to us, at which point the credit or discounted amount will
not be transferred to us and will instead be released by your bank or card
issuer back into your available balance. You acknowledge and agree that neither
we nor the relevant Restaurant will be responsible or liable to you in relation
to this delay by your bank or card issuer in the release of funds back into
5.6. Rejected Orders: Because of standard banking
procedures, once you have submitted an Order that you are paying for by credit
or debit card and your payment has been authorised, your bank or card issuer
will "ring-fence" the full amount of your Order. If your Order is
subsequently rejected by the Restaurant (as described in paragraph 4.4 above)
or cancelled for any other reason, your bank or card issuer will not transfer
the funds for the Order to us, and will instead release the relevant amount
back into your available balance. However, this may take between 3 to 5 working
days (or longer, depending on your bank or card issuer). You acknowledge and
agree that neither we nor the relevant Restaurant will be responsible or liable
to you in relation to this delay by your bank or card issuer in the release of
funds back into your account.
6. CUSTOMER CARE
6.1. General: Customer care is extremely important to us.
Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to
assist you where possible if you have any problems with your Order. You can
contact our Customer Care team by clicking or selecting the "Need
help?", "Help" or similar button or by calling the telephone
number shown on the Website.
6.2. Questions about your Order: If your Order is taking
longer than expected or you have any other problems with your Order, you can
contact our Customer Care Team as described above and one of our Customer Care
Advisers will attempt to contact the Restaurant in order to follow up on your
6.3. Changing or cancelling your Order: If you wish to
change or cancel your Order after it has been submitted and payment has been
authorised, you may contact our Customer Care team as described above and they
will attempt to contact the Restaurant in order to communicate your requests.
However, there is no guarantee that we will be able to reach the Restaurant or
that the Restaurant will agree to your requests as they may have already
started processing your Order.
6.4. Complaints or feedback: In the event that you are dissatisfied
with the quality of any Products or the service provided by a Restaurant,
please consider providing feedback in the form of ratings, comments and reviews
on the Website (together, "Reviews") to reflect your experience. The
Reviews are an important part of our quality control process.
6.5. Compensation: If you are dissatisfied with the quality
of any Products or the service provided by a Restaurant and wish to seek a
refund, a proportionate price reduction or any other compensation, you should
contact the Restaurant directly to lodge your complaint and, where appropriate,
follow the Restaurant's own complaint procedures. If you are unable to contact
the Restaurant, or the Restaurant refuses to deal with your complaint, you can
contact our Customer Care Team as described above within 48 hours of placing
your Order and one of our Customer Care Advisers will attempt to contact the
Restaurant in order to request compensation on your behalf. Please note that we
have no control over Restaurants and the quality of the Products or service
that they provide, and we not able to provide, and have no responsibility or
liability for providing, any compensation to you on behalf of any Restaurant.
7.1. Terms of permitted use: You are permitted to use the
Website and print and download extracts from the Website for your own personal
non-commercial use on the following basis:
7.1.1. You must not misuse the Website (including by hacking
7.1.2. Unless otherwise stated, the copyright and other
intellectual property rights in the Website and in material published on it
(including without limitation photographs and graphical images) are owned by us
or our licensors. These works are protected by copyright laws and treaties
around the world and all rights are reserved. For the purposes of these Website
Terms, any use of extracts from the Website other than in accordance with
paragraph 7.1 is prohibited.
7.1.3. You must not modify the digital or paper copies of
any materials that you print off in accordance with paragraph 7.1 and you must
not use any pictures, photographs or any other graphics, video or audio
sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the
material on the Website is always acknowledged.
7.1.5. You are not allowed to use any of the materials on
the Website or the Website itself for commercial purposes without obtaining a
licence from us to do so.
7.2. Limitation on use: Except as stated in paragraph 7.1,
the Website may not be used, and 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 our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted
in these Website Terms are reserved.
8. SERVICE ACCESS
8.1. Website availability: While we try to ensure the
Website is normally available twenty four (24) hours a day, we do not undertake
any obligation to do so, and we will not be liable to you if the Website is
unavailable at any time or for any period.
8.2. Suspension of access: Access to the Website may be
suspended temporarily at any time and without notice.
8.3. Information security: The transmission of information
via the internet is not completely secure. Although we take the steps required
by law to protect your information, we cannot guarantee the security of your
data transmitted to the Website; any transmission is at your own risk.
9. VISITOR MATERIAL AND REVIEWS
9.1.1. Other than personally identifiable information, which
or upload to the Website (including without limitation Reviews) ("Visitor
Material") will be considered non-confidential and non-proprietary. By
posting, uploading or transmitting any Visitor Material, you represent and
warrant that you own or otherwise control all of the rights to such Visitor
Material. You agree that we will have no obligations with respect to any Visitor
Material, and that we and anyone we designate will be free to copy, disclose,
distribute, incorporate and otherwise use any Visitor Material and all data,
images, sounds, text and other things embodied in it for any and all commercial
or non-commercial purposes.
9.1.2. You represent and warrant that that any Visitor
Material you post, upload or transmit does not and will not breach any of the
restrictions in paragraphs 9.2 to 9.3 below.
9.2. Visitor Material Policy: You are prohibited from
posting, uploading or transmitting to or from the Website any Visitor Material
(including any Reviews) that:
9.2.1. breaches any applicable local, national or
9.2.2. is unlawful or fraudulent;
9.2.3. amounts to unauthorised advertising; or
9.2.4. contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular (but without
limitation), any Reviews that you submit through the Website must not:
9.3.1. contain any defamatory, obscene or offensive
9.3.2. promote violence or discrimination;
9.3.3. infringe the intellectual property rights of another
9.3.4. breach any legal duty owed to a third party (such as
a duty of confidence);
9.3.5. promote illegal activity or invade another's privacy;
9.3.6. give the impression that they originate from us; or
9.3.7. be used to impersonate another person or to
misrepresent your affiliation with another person.
9.4. Removal of Reviews: The prohibited acts listed in
paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do
not undertake, except as required by law, any obligation) and have the sole
discretion to remove or edit at any time any Reviews or other Visitor Material
posted, uploaded or transmitted to the Website that we determine breaches a
prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may
expose us or any third parties to any harm or liability of any type, or for any
9.5. Use of Reviews: The Reviews and other Visitor Material
contained on the Website are for information purposes only and do not
constitute advice from us. Reviews and Visitor Material reflect the opinions of
customers who have ordered through the Website or other third parties, and any
statements, advice or opinions provided by such persons are theirs only.
Accordingly, to the fullest extent permitted by law, we assume no
responsibility or liability to any person for any Reviews or other Visitor
Material, including without limitation any mistakes, defamation, obscenity, omissions
or falsehoods that you may encounter in any such materials.
9.6. Liability: You agree to indemnify us against any
losses, damages and claims (and all related costs) incurred by or made against
us by a Restaurant or any other third party arising out of or in connection
with any Reviews or other Visitor Material that you provide in breach of any of
the representations and warranties, agreements or restrictions set forth in
this paragraph 9.
9.7. Disclosure to authorities and courts: You acknowledge
that we will fully co-operate with any competent authority requesting or
directing us to disclose the identity or location of anyone posting any Reviews
or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other
applicable restriction and you release us to the fullest extent permitted by
law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER WEBSITES
10.1. Third party websites: Links to third party websites on
the Website are provided solely for your convenience. If you use these links,
you leave the Website. We have not reviewed and do not control any of these
third party websites (and are not responsible for these websites or their
content or availability). We do not endorse or make any representation about
these websites, their content, or the results from using such websites or
content. If you decide to access any of the third party websites linked to the
Website, you do so entirely at your own risk.
10.2.1. you do so in a fair and legal way which does not
damage or take advantage of our reputation;
10.2.2. you do 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 us where none exists;
10.2.3. any website from which you link must comply with the
content standards set out in these Website Terms (in particular paragraph 9
(Visitor Materials and Reviews));
10.2.4. we have the right to withdraw linking permission at
any time and for any reason.
11.1. Website information: While we try to ensure that
information on the Website is correct, we do not promise it is accurate or
complete. We may make changes to the material on the Website, or to the
Service, Products and prices described on it, at any time without notice. The
material on the Website may be out of date, and we make no commitment to update
11.2. Allergy, dietary and other menu information: We try to
accurately copy the item names, descriptions, prices, special offer
information, heat and allergenic warnings and other information ("Menu
Information") from the menus that are provided to us by Restaurants.
However, it is the Restaurants that are responsible for providing this Menu
Information and ensuring that it is factually accurate and up-to-date, and we
do not undertake any such responsibility. If you are in doubt about allergy
warnings, contents of a dish or any other Menu Information, you should confirm
with the Restaurant directly before ordering.
11.3. Restaurant actions and omissions: The legal contract
for the supply and purchase of Products is between you and the Restaurant that
you place your Order with. We have no control over the actions or omissions of
any Restaurants. Without limiting the generality of the foregoing, you
acknowledge and accept the following by using the Website:
11.3.1. We do not give any undertaking that the Products
ordered from any Restaurant through the Website will be of satisfactory quality
or suitable for your purpose and we disclaim any such warranties.
11.3.2. Estimated times for deliveries and collections are
provided by the Restaurants and are only estimates. Neither we nor the
Restaurants guarantee that Orders will be delivered or will be available for
collection within the estimated times.
11.3.3. We encourage all our Restaurants to accept all
Orders and to communicate any rejection promptly, and we will notify you
(generally by email) as soon as reasonably practicable if a Restaurant rejects
your Order. However, we do not guarantee that Restaurants will accept all
Orders, and Restaurants have the discretion to reject Orders at any time
because they are too busy, due to weather conditions or for any other reason.
11.3.4. The foregoing disclaimers do not affect your
statutory rights against any Restaurant.
11.4. Exclusion of terms: We provide you with access to the
Website and Service on the basis that, to the maximum extent permitted by law,
we exclude all representations, warranties, conditions, undertakings and other
terms in relation to the Website and Service (including any representations,
warranties, conditions, undertakings and other terms which might otherwise
apply to the Website or Service, or be otherwise implied or incorporated into
these Website Terms, by statute, common law or otherwise ).
12.1. General: Nothing in these Website Terms excludes or
limits our liability for death or personal injury arising from our negligence,
our liability for fraudulent misrepresentation, or any other liability which
cannot be excluded or limited under applicable law. Nothing in these Website
Terms affects your statutory rights.
12.2. Exclusion of liability: Subject to clause 12.1, we
will under no circumstances whatever be liable to you, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, even if
forseeable, arising under or in connection with the Service or the Website
(including the use, inability to use or the results of use of the Service or
the Website) for:
12.2.1. any loss of profits, sales, business, or revenue;
12.2.2. loss or corruption of data, information or software;
12.2.3. loss of business opportunity;
12.2.4. loss of anticipated savings;
12.2.5. loss of goodwill; or
12.2.6. any indirect or consequential loss.
12.3. Limitation of liability: Subject to clauses 11, 12.1
and 12.2, our total liability to you in respect of all other losses arising
under or in connection with the Service or the Website, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, shall in
no circumstances exceed twice the value of your Order or £100, whichever is
12.4. Additional costs: You assume full and sole
responsibility for any additional or associated costs that you may incur in
connection with or as a result of your use of the Website, including without
limitation costs relating to the servicing, repair or adaptation of any
equipment, software or data that you may own, lease, license or otherwise use.
13.1. Grounds for termination: We may terminate or suspend
(at our absolute discretion) your right to use the Website and the Service
immediately by notifying you in writing (including by email) if we believe in
our sole discretion that:
13.1.1. you have used the Website in breach of paragraph 7.1
13.1.2. you have posted Reviews or other Visitor Material in
breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3. you have breached paragraph 10.2 (Links to and from
other websites); or
13.1.4. you have breached any other material terms of these
13.2. Obligations upon termination: Upon termination or
suspension you must immediately destroy any downloaded or printed extracts from
14. WRITTEN COMMUNICATIONS
14.1. Applicable laws require that some of the information
or communications we send to you should be in writing. When using the Website
or ordering Products via the Website, you accept that communication with us
will be mainly electronic. We will contact you by email or provide you with
information by posting notices on the Website. For contractual purposes, you
agree to this electronic means of communication and you acknowledge that all
contracts, notices, information and other communications that we provide to you
electronically comply with any legal requirement that such communications be in
writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
15.1. We will not be liable or responsible for any failure
to perform, or delay in performance of, any of our obligations under these
Website Terms that is caused by events outside our reasonable control
("Force Majeure Event").
15.2. A Force Majeure Event includes any act, event,
non-occurrence, omission or accident beyond our reasonable control and includes
in particular (without limitation) the following:
15.2.1. strikes, lock-outs or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or
threat of terrorist attack, war (whether declared or not) or threat or
preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of railways, shipping,
aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private
telecommunications networks; and
15.2.6. the acts, decrees, legislation, regulations or
restrictions of any government.
15.3. Our performance under these Website Terms is deemed to
be suspended for the period that any Force Majeure Event continues, and we will
have an extension of time for performance for the duration of that period. We
will use our reasonable endeavours to bring any Force Majeure Event to a close
or to find a solution by which our obligations under these Website Terms may be
performed despite the Force Majeure Event.
16. ADDITIONAL TERMS
privacy and security. All personal data that we collect from you will be
Policy, which is incorporated into these Website Terms by this reference and is
16.2. Other terms: You should also review our Cookies Policy
the Website and Service, our Voucher Terms and Conditions for information
regarding the use of credits and promotional discounts on the Website, and our
Competitions Terms and Conditions for information regarding the terms
applicable to competitions that we may run from time to time. All of these are
incorporated into these Website Terms by this reference.
16.3. Severability: If any of these Website Terms are
determined by any competent authority to be invalid, unlawful or unenforceable
to any extent, such term, condition or provision will to that extent be severed
from the remaining terms, conditions and provisions which will continue to be
valid to the fullest extent permitted by law.
16.4. Entire agreement: These Website Terms and any document
expressly referred to in them constitute the whole agreement between you and us
and supersede all previous discussions, correspondence, negotiations, previous
arrangement, understanding or agreement between us relating to the subject
matter of any contract.
16.5. No waiver: 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.
16.6. Assignment: 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 of our affiliates or any business that we
enter into a joint venture with, purchase or are sold to.
16.7. Headings: The headings in these Website Terms are
included for convenience only and shall not affect their interpretation.
17. GOVERNING LAW AND JURISDICTION
17.1. These Website Terms shall be governed by and construed
in accordance with English law. Disputes or claims arising in connection with
these Website Terms (including non-contractual disputes or claims) shall be
subject to the exclusive jurisdiction of the English courts.