Last Revised: Monday, 25th of May 2021.


Please read carefully the following terms and conditions, also referred to as Website Terms, of Takeaway Eat LTD before placing any orders using our website understanding that by doing so you agree in being bound by our Website Terms. The use of our website is also dependent on our Website Terms. The terms and conditions, including our cookies policy, will show you the way Takeaway Eat LTD, which we may refer to as “Takeaway Eat LTD", "Takeaway Eat”, “we”, “us” or “our”, provide access to our website, https://www.TakeawayEat.com and/or the Takeaway Eat mobile applications or others to place your orders.


Occasionally, we may change the current Website Terms and we are within our rights to do so. Our current Website Terms will be updated on this page. You may wish to print a copy of the Website Terms. The only language we use to present our Website Terms is English.Protecting your personal information is something that we take very seriously and is controlled by both our Privacy and Cookies Policy.Please note that regarding Website Terms when the term “Website” is used it not only includes any current but also any future updated version of our website. Remember the Website includes https://www.TakeawayEat.com as well as our Takeaway Eat mobile application, mobile website, mobile application, affiliate website or related website you use to access our Website may also occasionally be developed.If you are using our website in part or in full it is indicative that you are accepting our full Website Terms. If you are not in agreement with any of our Website Terms then you should not proceed and leave our Website immediately. You can only place orders using our Website if you agree to our full Website Terms. We therefore suggest you read our Website Terms in full before using our website https://www.TakeawayEat.com.

I. USE AND SALES TERMS AND CONDITIONS


1. INTRODUCTION TO TAKEAWAY EAT AND OUR ROLE


1.1. Takeaway Eat LTD Company Details: Takeaway Eat LTD is a registered company in England and Wales. Our registered company number is 12818113 and our registered office is at the following address: 20-22 Wenlock Road, London, N1 7GU


1.2. VAT number: Takeaway Eat LTD is currently not VAT applicable.


1.3. Orders for products: Takeaway Eat gives you the option to place an order (“Orders”) for the delivery of or to pick up products (“products”) from restaurants (“Restaurants”) shown on the Takeaway Eat website. Takeaway Eat acts in an agency capacity on behalf of the restaurant each time you place an order with them through our website. In this capacity, the sales of the products are concluded on behalf of the restaurant by us. The legal contract that comes with the supply and purchase of such items (“products”) remains, always, between you the customer and the restaurant.



2. ACCESS TO THE WEBSITE & TERMS



2.1. Access to the website: It is possible to access certain parts of Takeaway Eat's website without the need to place an order or submit details for a registration. Most of the pages of our website can be accessed by everyone.


2.2. Accepting terms: When you access any section of the Takeaway Eat website, you confirm you accept all our website's terms and conditions. If you disagree with any of our terms and conditions, you must immediately leave the site and you won't be able to use it to place orders for any products.


2.3. Revising our terms: At any time, Takeaway Eat reserves the right to revise the website terms. The terms are binding on you, so it is up to you to keep checking the website on a regular basis for any revisions. The terms and conditions that are in place at the time an order is made by you through Takeaway Eat are the terms and conditions you are subject to.


2.4. Responsibility: It is your responsibility to ensure you can access the website by making the relevant arrangements to gain access. It is solely your responsibility to make sure anyone accessing Takeaway Eat's website with a device using your internet connection knows about our terms and conditions and are complying with these terms and conditions.


2.5. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 


3. YOUR STATUS



3.1. Age and capacity: When you order through Takeaway Eat's website, you confirm to us that you are over the age of 18 and have the legal capacity to enter into a contract with a restaurant to which you are legally bound.


3.2. If you suffer from any food intolerances, food allergies or other food related conditions, you understand and agree to make direct contact with the restaurant prior to making an order to check the food is suitable for your specific circumstances.


3.3. Alcoholic products, cigarettes and other smoking products:


3.3.1. You fully understand and agree to all of the following: it is illegal for anyone who is not over 18 years of age to purchase, or even attempt to purchase, any alcoholic product and it is illegal to purchase, or even attempt to purchase, any alcoholic or smoking product for anyone who is not over 18 years of age.

3.3.2. A request will be made to you for proof of age by the restaurant upon delivery or collection of an order if it includes any alcoholic or smoking products such as cigarettes. A restaurant has the right to not provide alcoholic products or other smoking products to you as part of your order when: you're unable to comply with a request for proof to show you aren't under the age of 18 or if the restaurant isn’t satisfied you have met these requirements or; the restaurant has reasonable suspicion to believe you've purchased alcoholic products, other smoking products for anyone who is not over 18 years of age.



4. HOW TO ORDER AND HOW IT'S PROCESSED



4.1. Compiling your order: After selecting a restaurant, deciding what products you want to order from their menu and providing all relevant details you have the option to click on a button to proceed with and place your order by submitting your details to the restaurant. You must make sure all information you input for your order is accurate and amend any errors you find before clicking on the button. Once your details have been submitted any information you submitted that is found to be incorrect cannot be amended and you enter into a binding contract with the restaurant, however this is subject to section 4.2.


4.2. Amendments to or cancellation of an order: As soon as you submit an order and payment is authorised, you do not reserve the right to make changes to or request a cancellation of that order and no refunds will be applicable. Further information in relation to rejecting orders and refunds can be found in sections 4.4 and 5.6. In the event you want to make changes to or request a cancellation of an order, you have the option to contact Takeaway Eat's support team (explained in section 6.3) who will attempt to liaise with the restaurant to relay your requests. Please bear in mind that we are not guaranteed to get in contact with the restaurant when we attempt to contact them. They may decline a request we relay to them on your behalf especially if an order is being processed by them at the time of the request.


4.3. Authorisation of payments: If the payment for your order has not been authorised, the order won't get processed nor will any of its details be passed on to the restaurant that you placed the order with.


4.4. Order processing and restaurant rejections: Once your order has been received by us, we'll relay it to the restaurant you placed the order with. You will receive an email confirmation from Takeaway Eat notifying you when this has happened and that the restaurant is processing your order. Please bear in mind a confirmation page which could be shown on our website and emails which you could possibly receive to confirm your order placement both provide confirmation of the contract between you and the restaurant for the purchase and sales of products. These confirmations do not guarantee the restaurant will fulfil the requirements of your order. All Takeaway Eat restaurants are urged to accept and complete every order and to inform us of any rejected orders without delay. If your order is rejected by the restaurant you will receive a notification from us, usually by email, as quickly as reasonably possible but only if they have informed us of the order being rejected. Orders can be rejected by a restaurant any time for several reasons including, but not limited to, being very busy and bad weather. By rejecting an order, the restaurant will have breached the agreement between you and them. In this event, and in accordance with section 5.6, payments you made to them for the rejected order will be refunded to you.


4.5. Delivering your order: It is up to the restaurant to provide you with times you should expect for deliveries and to pick up orders and these are estimated times only. There are no guarantees from Takeaway Eat and the restaurant in relation to the accuracy of the estimated times given to you by the restaurant.


4.6. Takeaway Eat acts in a commercial agent capacity on behalf of the restaurant in which you place your order with through our website.



5. PAYMENTS AND PRICING


5.1. Costs of delivery and VAT: The website will show quoted prices. VAT is included rather than excluded in the total price, however it is possible for administrative charges, charges for services and costs of deliveries (in the event you requested a delivery and not a collection) to be excluded from the quoted price on the main website but included in the total price shown at the checkout before entering your payment details or choosing your payment details.

5.2. Pricing errors: Takeaway Eat’s website displays menus from many different restaurants; therefore, it is not impossible for menus to show prices that may be incorrect. If our website shows a price which is lower than the actual correct price, we’ll usually make contact with you prior to any order related to the incorrect price from being dispatched. In this scenario, both Takeaway Eat and the restaurant are not obliged to provide the order for the incorrect lower amount shown on our website or to provide compensation in relation to the incorrect lower amount.

5.3. Methods of payment: You can make payment for an order either in cash at the delivery or collection point or alternatively via our website with a credit/debit card. Payment must be accepted in full before your order is provided to you.


5.4. Payments by card: If you pay for an order with a credit/debit card, the restaurant may request you to show them the card at the delivery or collection point to identify you as the correct recipient of the order and to compare the card details with the card details of the receipt to see if they correspond. There will be occasions where the processing of credit/debit card payments and transactions will be delayed, possibly resulting in such payments either being deducted within a maximum of sixty days from the bank account related to the order or applicable charges being made to the credit/debit card.

5.5. Vouchers for credit and discounts: You may be entitled to a discount or credit bonus for your order using a voucher or promotional code that is approved by Takeaway Eat, accepted on https://www.TakeawayEat.com and when you make a payment using a credit/debit card. If you wish to read the terms and conditions in full for using discount or credit bonus vouchers, please refer to the section “Voucher Terms and Conditions”. As required by procedures set out by banks, the bank provider or the issuer of your credit/debit card will ringfence the order's total cost to safeguard funds for the payment of the order. This will take place prior to any awarded credit bonuses or discounts and you can expect the ringfencing process to last between three to five working days, however this is dependent on the bank provider or the issuer of your credit/debit card meaning in some cases it could take longer than five days. The ringfenced amount will be unavailable to you for the said period. The application of any credit bonuses or discounts will take place when the bank provider or the issuer of your credit/debit card transfers funds to Takeaway Eat to pay for your order. At this stage, any credit bonuses or discounts will be credited to your balance (instead of being transferred to Takeaway Eat) when the bank provider or the issuer of your credit/debit card releases the funds. Takeaway Eat and the restaurant are not liable to you for and are in no way responsible for the time it takes for the bank provider or the issuer of your credit/debit card to release funds into your account whether they are delayed or otherwise.

5.6. Order rejections: As required by procedures set out by banks, the issuer of your credit/debit card will ringfence the order's total cost to safeguard funds for the payment of the order once an order has been paid by you using a credit/debit card and is authorised. Following this, if the restaurant then rejects an order (as explained in section 4.4) or decides to cancel it for another reason, the funds for the order will be credited back in to your balance, instead of being transferred to Takeaway Eat, when the bank provider or the issuer of your credit/debit card releases the funds. Takeaway Eat and the restaurant are not liable to you for and are in no way responsible for the time it takes for the bank provider or the issuer of your credit/debit card to release funds into your account whether they are delayed or otherwise.

6. CARING FOR CUSTOMERS



6.1. General: Takeaway Eat prides itself on excellent customer service and cares for its customers. Our support team is here to assist you with any queries and issues you may have in relation to your order. You have the option to contact our support team by clicking on the 'contact us' button or alternatively you can reach us by phone using the number shown on our website. All points raised in section 6.1 are subject to sections 6.5 and 11.


6.2. Questions about an order: If you're experiencing any complications with an order, for example the order is taking more time than you were expecting, you have the option to contact our support team, as explained in section 6.2, who will make a reasonable effort to get in touch with the restaurant to relay your concerns.


6.3. Changes to or cancellation of an order: If you want to amend or request a cancellation of an order after it has been submitted and an authorised payment has been made by you, then you have the option to contact our support team. They will make a reasonable effort to get in touch with the restaurant to relay your requests on your behalf. Please bear in mind that we are not guaranteed to get in contact with the restaurant and they may decline a request especially if an order is being processed by them at the time of the request.


6.4. Feedback and complaints: If you are unhappy with anything in relation to the products or services you received from a restaurant, we suggest leaving feedback to express your views. This can be done on the https://www.TakeawayEat.com “reviews” page where you can leave star ratings, comments and reviews. All reviews submitted on our website ensures that product and service quality is regularly maintained and improved upon.

6.5. Compensation: If you are unhappy with anything in relation to the products or services you received from a restaurant, and are looking for either a refund, a proportionate reduction in price or any other forms of compensatory payments, you must contact them directly to submit a complaint. If it is relevant to your case specifically, you may be expected to follow a restaurant’s own complaints policy and procedures. In the event you can’t get in contact with a restaurant or if they will not deal with your complaint, you have the option to contact our support team in no more than 48 hours after your order was placed who will make a reasonable effort to get in touch with the restaurant on your behalf to make a compensation claim for you. Please remember the legal contract which comes with the supply and purchase of items (“products”) remains, always, between you the customer and the restaurant you ordered the products from. Product quality and services provided by restaurants is out of the control of Takeaway Eat and is in no way our responsibility. We are unable to provide you with and are in no way responsible or liable for providing you with any form of compensation on a restaurant’s behalf.


7. LICENCE


7.1. Permitted use terms: Takeaway Eat permits you to do the following providing you follow the rules set out in section 7 and its subsections: use the website https://www.TakeawayEat.com, print and/or download content from https://www.TakeawayEat.com for personal but not commercial use.


7.1.1. Under no circumstances should you misuse the website in any way. This includes hacking and scraping the website.


7.1.2. Unless stated to the contrary, intellectual property rights (e.g. trademarks and copyrights) on https://www.TakeawayEat.com and published content on the site, including images and photographs with no limitations, is owned by Takeaway Eat or Takeaway Eat's licensors. They are under the protection of all the rights granted to us under worldwide copyright laws and treaties. Using extracts or content from our website is strictly forbidden if it is not used in accordance with section 7.1. when the purpose for using them is in relation to our website's terms.


7.1.3. You are not allowed to make modifications to digital copies of our material or any paper copies of our material that is printed by you in accordance with section 7.1. Any graphics (e.g. photographs and pictures), video or audio content you use must include all text that accompanies it.


7.1.4. You must always acknowledge Takeaway Eat's status as author of the website's material.


7.1.5. You must not use the website or any material from the website for commercial use unless you have a licence from Takeaway Eat.


7.2. Limits of use: Unless stated in section 7.1, or if you have our prior consent in writing, our website cannot be used and you are not allowed to reproduce any part of it or store it within another website. Including our website in an electronic retrieval system, whether it is public or private, or any other service is prohibited.


7.3. Reservation of rights: Rights which aren't specifically explained in our website terms and conditions are reserved.



8. WEBSITE ACCESSIBILITY



8.1. Availability of website: At Takeaway Eat, we do our utmost to make sure our website is accessible 24/7 for all our clients, however we have no obligations in relation to this and are not liable for any times the website is not accessible for any reason.


8.2. Suspension of access: Website accessibility can be suspended at any time on a temporary basis and we are not required to provide any notice for this kind of event.


8.3. Security of information: Transmitting information digitally through online means is never 100% safe. Takeaway Eat carries out every lawfully necessary safeguarding and Data Protection principles measures to protect your data to the best of our capability, however there are no guarantees when it comes to the security of data transmissions to https://www.TakeawayEat.com and all such transmissions are at your own risk.


9. VISITOR MATERIAL AND REVIEWS


9.1. General:


9.1.1. With the exception of any data used to identify you that is outlined in Takeaway Eat's Privacy Policy, all material that's either posted or uploaded by you on our website, for example reviews, will be deemed to be nonconfidential and not private or privileged information. Any material you post, upload or transmit on our website is also a confirmation by you that you are the owner of or are in control of all legal rights of that material. You understand and agree that: Takeaway Eat are not morally or legally bound in relation to material you submit on our website and; we or someone appointed on our behalf are allowed to make copies of, fully disclose, give out, incorporate (or otherwise) material you submit on our website and any data, graphical items, sounds, text content and otherwise that is included in the material for commercial and noncommercial reasons.


9.1.2. You confirm any material posted, uploaded or transmitted on our website by you doesn't currently and will not in the future breach any of the terms in sections 9.2 and 9.3 and its corresponding subsections.


9.2. Policies for visitor material: You aren't allowed to post, upload or transmit any material on our website (for example reviews and otherwise) that:


9.2.1. are in breach of all relevant and applicable laws including local, national and international laws;

9.2.2. are not lawful or fraudulent;

9.2.3. are a form of nonpermitted or unapproved advertising

9.2.4. has viruses, malware or any other programs that are harmful


9.3. Policies for visitor reviews: All reviews submitted by you on our website mustn't breach any of the following rules (please be aware there may be other rules not stated in this list):


9.3.1. is damaging to anyone’s reputation, contains obscenities, or material which causes offence;

9.3.2. encourages violence or is discriminatory;

9.3.3. breaks the rights of a third party’s intellectual property

9.3.4. breaches a moral or legal obligation due to another party (e.g. duty of care);

9.3.5. encourages activities that are not legal or is an invasion of someone’s privacy;

9.3.6. gives a false impression that its origins are from Takeaway Eat, is affiliated, endorsed, associated or partnered; or

9.3.7. used as a way of pretending to be someone else or to give a false or misleading account of how you are affiliated or endorsed with someone else.


9.4. Removing reviews: Please be aware there may be other prohibited acts not stated in sections 9.2 and 9.3 and their corresponding subsections. We are within our rights to delete or make amendments to reviews or other material by visitors on our website, such as posts, uploads, transmissions or otherwise, at our own discretion and at any time we see fit if we: ascertain a breach of section 9.2 or 9.3 has occurred; find material to be objectionable; find material that exposes Takeaway Eat or any other party to harm or any kind of liability or; for any alternative reason. Takeaway Eat are under no obligation to carry out any of the above unless the law states otherwise.


9.5. Use of reviews: Reviews and other material by visitors on our website is displayed for the sole purpose of providing information only. Visitor material does not represent any advice given by Takeaway Eat. Reviews and other material by visitors are a reflection of customers' personal opinions on products and services ordered through either our website, other parties not affiliated with Takeaway Eat or otherwise. Any feedback provided by customers is theirs alone and does not represent the opinions of Takeaway Eat. To the maximum extent that is permitted by the law, and in a way that is appropriate for the situation, we are not responsible or liable to anyone for reviews and other material by visitors on our website. This includes but is not restricted to errors, defamation, obscene content, omissions or content which is untrue that you may come across within materials posted by visitors on our website.


9.6. Images: Food images that are displayed on our website are for display purposes only. Please bear in mind such images may not be an accurate representation of the restaurant's products, the actual food they prepare and produce as part of your order or the food you receive from them.


9.7. Liability: You agree that you will indemnify Takeaway Eat against damages, claims against us and losses as well as any costs in relation to these where a restaurant or another third party incurs or makes them against Takeaway Eat because of (or connected to) reviews or other submitted material provided by you which breaches a contractual representation, warranty, agreement or restriction from section 9 or any of its corresponding subsections.


9.8. Disclosure to authorities and courts: You accept that Takeaway Eat will work with any competent authoritative organisation or person and give them our full cooperation if they request or order us to provide them with identities and locations of users who posts on our website reviews or otherwise that breaches sections 9.2, 9.3 or other relevant laws or prohibitions. You agree to relinquish Takeaway Eat, within the maximum extent that is permitted by the law, from any liabilities linked to any disclosures explained in this section.

10. LINKS GOING TO AND COMING FROM OTHER WEBSITES


10.1. Websites of third parties: Any link on our website that is connected to a website operated by a third party is there for the sole purpose of making your experience on https://www.TakeawayEat.com more convenient. You will be directed off our website if you use any such link. Takeaway Eat does not review, and has no control over, any website operated by a third party. We are in no way responsible for anything contained on third party websites such as times they are available or content. We don't represent or endorse these sites, content contained within them or any outcome resulting from the use of these sites or content contained within them. Please be aware accessing any website operated by a third party via a link on our website is at your own risk.


10.2. Permissions for linking: You are permitted to use links to our homepage providing you meet the following criteria:


10.2.1. they are done in a way that is fair, not illegal and is not detrimental to, or exploits, Takeaway Eat's reputation in any way;

10.2.2. no links are created that originate from websites you do not control or imply any kind of endorsement or association with Takeaway Eat when they do not exist;

10.2.3. a website that you link from must be compliant with all measures in our terms and conditions and this is particularly the case for everything outlined in section 9 and its sub sections

10.2.4. Takeaway Eat reserves the right to remove permissions related to linking at any point we see fit and on any grounds 

11. DISCLAIMERS


11.1. Information on website: Although we do our utmost to make sure information presented on our website isn’t incorrect, we cannot make any guarantees or promises that such information will be precise or not incomplete. Changes to website content or the ways it functions, products and listed costs may be carried out by us, without any notification to you, at any time. It is possible for out of date material to exist on our site, however we are not committed or obliged to make updates to any such material.


11.2. Allergies, dietary and other menu information: Any restaurant signing up with Takeaway Eat must provide information about their menus that is current and up to date. This information is then included on a page on our website exclusive to that restaurant. Takeaway Eat will make the most reasonable efforts possible to accurately republish any dietary and allergy information on our website or applications so it appears exactly as it does on the restaurant's own menu. If you or anyone you are ordering for on their behalf has a food allergy, intolerance or any other preferred dietary requirements, then you should, at all times, inform the restaurant you have ordered the food from directly prior to the order placement. When informing a restaurant about a food allergy, intolerance or any other preferred dietary requirements please do so by contacting them directly and not by leaving a note for them through our website.


11.3. Actions and omissions by restaurants: The legal Supply and Purchase of Products contract is always between the following parties: you and the restaurant you ordered with. Any omissions or actions carried out by the restaurant is something that cannot be controlled by Takeaway Eat. You fully understand and accept the following terms when you use our website (please be aware these terms do not limit the preceding terms' generality):


11.3.1. We can’t promise or guarantee that any products you receive from a restaurant who you order with through our website will fulfil your expectations and be an acceptable quality. All warranties related to these are disclaimed by Takeaway Eat.

11.3.2. Delivery and collection times are provided solely by the restaurant and are estimated times only. Takeaway Eat and the restaurants can’t guarantee the availability of deliveries or collections within the given times.

11.3.3. Our restaurants are encouraged by us to accept and complete every order and to communicate rejected orders as quickly as reasonably possible. If your order is rejected by a restaurant, Takeaway Eat will inform you of any rejected orders as quickly as reasonably possible. We will usually send you a notification of any rejected orders by email. Takeaway Eat can’t make any guarantees that a restaurant will accept or fully complete their orders. Orders can be rejected by a restaurant at their own discretion and at any time for several reasons including, but not limited to, being very busy, bad weather or if you don’t provide relevant identification to show you are the legal age to purchase alcoholic or smoking products such as cigarettes and tobacco.

11.3.4. The preceding disclaimers don’t change your statutory rights as a consumer against a restaurant.


11.4. Term exclusions: We make our website accessible to you and allow you to use it under the basis that you understand, acknowledge and agree that, to the maximum extent permitted by the law, we will not be responsible for any warranties, representations, undertakings, conditions, offers, advertisements or others in relation to the use of our website or content placed on our website. Any undertakings or possible other terms (which includes any warranties, conditions, offers, undertakings, representations or others which apply to your use of the website, or otherwise incorporated or implied into statute law, common law or other laws and the website terms).

12. LIABILITY


12.1. General: The terms of our website do not limit, or make us exempt from, our liability for the following: fatalities and personal injuries caused by our negligence; fraudulent activities relating to misrepresentation and; other liabilities that can’t be limited or excluded under any applicable laws. The terms of our website don’t change your statutory rights.


12.2. Liability exclusions: The terms of this section are subject to section 12.1. We won't be held accountable or liable for any of the following (even if we can foresee such events) that arise because of our website, through the use of our website or in connection with our website and regardless of whether we're in a contract with you or not, any breaches to statutory duties that have occurred, tort (not excluding negligence) or otherwise:


12.2.1. losses of the following: business, profits, revenue or sales;

12.2.2. data, information and software being corrupted or lost;

12.2.3. losing business opportunities;

12.2.4. a loss of expected savings;

12.2.5. goodwill losses; or

12.2.6. consequential or indirect losses.


12.3. Liability limitations: The terms of this section are subject to sections 11, 12.1 and 12.2. Takeaway Eat's liability to you in relation to other losses that arise because of our website, through the use of our website or in connection with our website and regardless of whether we are in a contract with you or not, any breaches to statutory duties that have occurred, tort (not excluding negligence) or otherwise, would never be more than whichever of the following is the lowest amount: double the order's value or £100.


12.4. Additional costs: Any associated or extra costs you incur through using our website, or in connection with our website, are solely your responsibility and you agree to assume full responsibility for such costs. This also includes, but not limited to, servicing costs, costs for repairs or equipment adaptation, software expenses, costs for data owned by you, licence and leasing costs or otherwise.

13. TERMINATION


13.1. Grounds for termination: Your right to use the website may be immediately suspended or terminated by us at our discretion and at any time. We would provide you with a written notice (for example by email) to inform you of any such decision and at our own discretion if we think that:


13.1.1. you have breached section 7.1. ‘Licence’ when using our website;

13.1.2. you post, upload or transmit any material on our website, for example reviews or otherwise, that breaches either sections 9.2 or 9.3

(‘Policies for visitor material’ and ‘Policies for visitor reviews’);

13.1.3. you’ve breached section 10.2. ‘Permissions for linking’; or

13.1.4. you’ve breached any other website term related to material.


13.2. Your obligations upon termination: If your right to use the website has been suspended or terminated by us, all website extracts that have been downloaded or printed by you must be destroyed instantly.

14. WRITTEN COMMUNICATIONS


14.1. Relevant laws state that we should send you some communications or information in writing. You acknowledge and accept that communication with Takeaway Eat will usually be through electronic means when it comes to you using our website, applications or others and placing orders for products through them. You will be contacted by us through email or we will provide information notices on our website for you. For the purpose of the contract, you agree to communication through electronic means. You acknowledge and agree that all contractual information, notifications, information and additional communications that we provide you electronically are compliant with all the legal requirements that cover all written communications. This condition doesn’t change your statutory rights as a consumer.

15. EVENTS OUT OF THE CONTROL OF US


15.1. We are in no way responsible or liable for failing to fulfil, or for any delays in relation to the performance of, our website terms obligations due to unforeseeable circumstances such as a force majeure event or any other event out of our control.


15.2. A force majeure event is an extraordinary event or circumstance, including actions, nonoccurrences, accidents and omissions, beyond the control of Takeaway Eat. They include, but are not restricted to, all the following:


15.2.1. industrial action or other industrial disputes, lockouts or strikes

15.2.2. riots or similar disturbances, civil commotions, invasions, acts of terrorism (e.g. a terrorist attack) or a threat of a terrorist attack, war (regardless of whether it has been declared or if it has not), threat of war or perpetration for such an event or armed conflict;

15.2.3. earthquakes, electromagnetic pulse, epidemics, explosions, extreme adverse weather conditions, fires, floods, loss at sea, biological, chemical or nuclear contaminations, sonic booms, subsidence, storms, volcanic eruptions or any other natural disasters;

15.2.4. failure of transport networks and any scenario where it is impossible to use air travel, maritime transport, railways, road transport or any other type of transport whether it is public or private;

15.2.5. any scenario where it is impossible for the use of telecommunications networks whether they are public or private and;

15.2.6. interference from civil or military authorities, an official order that has the force of law by any Government (decree), an act of any Government and any Government’s legislation, regulation or restriction.


15.3. Our requirements and obligations under the website terms will be suspended throughout the duration of any force majeure event, therefore the timeframe for us to meet these requirements will be extended for the duration of such an event. We will reasonably do what we can to bring about the end of a force majeure event. Alternatively, we may come up with a solution to meet our requirements and obligations of the website terms in spite of the force majeure event.

16. ADDITIONAL TERMS AND CONDITIONS


16.1. Privacy policy: The protection of your privacy, security and personal data is paramount to Takeaway Eat and we are committed to safeguarding these. We will always process any collected personal data in accordance with the terms of our privacy policy. Please take the time to review the terms of our privacy policy.


16.2. Other terms: We suggest reading through our ‘Cookies Policy’ if you would like information on the ways we use cookies and the reasons we use them to enhance the website’s quality and your user experience. You can visit the ‘Vouchers Terms and Conditions’ page if you would like information about using our website’s promotional offers, discounts and credits. The ‘Competition Terms and Conditions’ page contains information about the relevant terms and conditions for competitions Takeaway Eat may occasionally run. By referring to these in section 16.2, they are incorporated into the terms of our website.


16.3. Severability: If any website terms are found by a competent authority (that has the legally delegated or invested authority, capacity, or power to do so) to be invalid, not legal or impossible to enforce then the term, condition, or provision that is deemed to be invalid, not legal or impossible to enforce would be severed from the rest of the terms, conditions and provisions within the website terms. The remaining terms, conditions and provisions would still be valid to the maximum extent that is permitted by the law.


16.4. Entire Agreement: Our website terms, and any external documentation linked to the website terms, represent the agreement in its entirety between you and Takeaway Eat. The website terms take the place of and extinguishes all previously held discussions, communication (including negotiations) and prior perceptions, arrangements and agreements between you and Takeaway Eat in relation to content within any contract.


16.5. No waiver: If you or Takeaway Eat either delays or fails to partially or fully enforce any of the website term’s provisions, it won’t be viewed to be a waiver of either party’s rights or legal remedies.


16.6. Assignment: You won’t be able to transfer your rights, contractual entitlements or obligations from the terms of the website unless you have submitted a formal request to Takeaway Eat in writing and we have approved this request by giving you consent beforehand. Takeaway Eat can transfer our rights, contractual entitlements or obligations from the website terms without permission in writing from you beforehand to any Takeaway Eat affiliate, purchased business, a business we are linked to through a joint venture or any business we’re sold to.


16.7. Headings: Any headings or titles included in the website terms are there for your convenience and for no other reason. These headings and titles don’t influence the interpretation of our website terms.

17. GOVERNING LAWS AND JURISDICTION


17.1. All aspects of the website terms are governed by the laws of England and are constructed based on interpretation of English Law. This includes disputes or claims made against Takeaway Eat in relation to our website terms and; disputes or claims in relation to anything not outlined in the website terms. All disputes and claims, relating to the website terms or otherwise, are under the jurisdiction of The Courts of England who have the power to settle such disputes and claims.



17.2. Your consumer rights are supported by all the relevant compulsory provisions of the laws of the country you are a resident of and as a consumer you shall benefit from these. Nothing that is stated in Takeaway Eat's website terms and conditions (including section 17.1) affects your consumer rights under compulsory provisions of the laws of the country you are a resident of.

II. Terms and conditions for Takeaway Eat vouchers

General


1. All following terms and conditions, under “General” in “Terms and conditions for Takeaway Eat vouchers”, are applicable for every voucher Takeaway Eat may occasionally issue to be used on our website. This includes paycode vouchers which are credit value vouchers and vouchers for discount and promotional offers (referred to as “discount vouchers” but simply referred to as “vouchers” when referring to both “paycode vouchers and discount vouchers at the same time”).


2. Individual vouchers are subject to their own terms and conditions which are under the sections “Specific terms for vouchers”. These specific terms are specified either on the voucher itself or when you are issued with the voucher itself. All specific terms will be deemed as additional content to the general voucher terms and/or a modification of those terms.


3. You can only redeem a voucher towards a restaurant order that is made online and through our website. A voucher may only be used towards a cash order if the restaurant you place the order with accepts this method of payment.

Specific terms for paycode vouchers


4. Unless we state otherwise, you can only use a discount voucher for a specific fixed amount if the total cost for an order is valued at no less than £10.00. You are not required to spend a specified minimum amount when it comes to the use of discount or paycode vouchers that offer a percentage off your order.


5. You must apply online for a paycode voucher through a registered customer account on our website https://www.TakeawayEat.com. This must be done when the issuance of the paycode voucher takes place and/or before the deadline that is displayed on the paycode voucher and not any time after this by inputting the applicable paycode voucher code. The paycode voucher expires if the paycode voucher code isn’t applied by the correct date. When you apply a paycode voucher before its date of expiry, the applicable amount will be added to the registered account of the customer on our website. Unless the specific voucher terms states otherwise, credited funds must be spent in a time less than six months from when you are issued with that paycode voucher.


6. If the total value of your order comes to an amount that is less than the value of a paycode voucher that’s credited to your account, you will not receive any change or cash for the remaining amount as this is to be considered a voucher and cannot be exchanged for any cash value. Any remaining funds will instead be available to you in the form of credit that is held in your customer account which can be used for future orders with Takeaway Eat.


7. If the total value of your order comes to an amount that is more than the value of a paycode voucher that’s credited to your account, you must pay the remaining sum online using either cash, a credit or debit card.


8. The following are designed and valid for single use only: paycode vouchers and paycode voucher codes. A paycode voucher code is void once it is used irrespective of whether it was used with or without authorisation. It is solely the responsibility of the recipient of the paycode voucher to make sure their code is used by themselves and nobody else.

Specific terms for discount vouchers


9. You must use a discount voucher when the issuance of the discount voucher takes place and/or before the deadline that is displayed on the discount voucher and not any time after this by inputting the applicable discount voucher code. The expiry date for discount vouchers is after such dates.


10. If the number of redeemed discount voucher codes exceeds 2,000 per code, the discount voucher code’s period of validity will automatically end irrespective of the date of expiry.

General terms for the use of all vouchers


11. All rights related to the use of vouchers belong to the person who is the original recipient of the voucher and such rights are not transferrable. Unless you have Takeaway Eat’s prior consent in writing, you are not allowed to directly/indirectly make copies of, reproduce, duplicate, distribute or publish any Takeaway Eat voucher (in any way, shape or form) to be used by any entity apart from either the original recipient or for storage within a system for data retrieval. For example, we may decide to refuse or cancel a voucher and a voucher may be invalidated if you circulate or distribute it without Takeaway Eat’s prior consent in writing on online messaging boards or websites that advertise bargains.


12. Unless the specific voucher terms states otherwise:


12.1. You can’t use vouchers in conjunction with one another. Vouchers can’t also be used in conjunction with other discount or promotional offers that Takeaway Eat may occasionally advertise and provide;

12.2. A voucher can only be used by the original recipient and is valid for single use only;

12.3. a customer or a household will be limited to no more than one voucher for each promotional offer and

12.4. All rights related to the use of vouchers belong to the person who is the original recipient of the voucher and such rights are not transferable.


13. When using any Takeaway Eat voucher, you warrant to Takeaway Eat that you’re the recipient who is duly authorised to accept the voucher and you will use it in a manner that conforms with all of our website terms, is lawful, legal and that is honest and sincere. If we, at our own discretion, have any reason to believe a voucher is being misused or used in a way that is in breach of our website terms, not lawful or legal or dishonest or insincere, we may decide to cancel or reject that voucher.

Miscellaneous


14. As required by procedures set out by banks, the bank provider or the issuer of your credit/debit card will ringfence the order's total cost to safeguard funds for the payment of the order. This will take place prior to any awarded credit bonuses or discounts and you can expect the ringfencing process to last between three to five working days, however this is dependent on the bank provider or the issuer of your credit/debit card meaning in some cases it could take longer than five days. The ringfenced amount will be unavailable to you for the said period. The application of any credit bonuses or discounts will take place when the bank provider or the issuer of your credit/debit card transfers funds to Takeaway Eat to pay for your order. At this stage, any credit bonuses or discounts will be credited to your balance (instead of being transferred to Takeaway Eat) when the bank provider or the issuer of your credit/debit card releases the funds.


15. You can not exchange vouchers for cash


16. Takeaway Eat are in no way liable to households or customers for losses or claims that arise as a result of us refusing, rejecting, cancelling or withdrawing any of our vouchers. We are also not liable for households or customers failing to, or being unable to, use any Takeaway Eat voucher for whatever reason.


17. We are within our rights to make additions or amendments to the website terms that are related to using vouchers or to modify or terminate a voucher at our own discretion, at any time we reasonably see fit and without any notice.


18. All the standard terms and conditions, privacy policy, cookies policy and other website terms from time to time for the overall use of the website https://www.TakeawayEat.com and the service which is provided apply in full and should be treated as so.

III. Terms and conditions for Takeaway Eat competitions


1. The generalised terms and conditions that follow (or “general terms for competitions”) apply to all Takeaway Eat’s competitions.


2. Individual competitions are subject to extra terms and conditions which are under the sections “specific terms for competitions”. These additional terms are specified in relation to each individual competition. All these specific terms will be deemed as additional content to the general competition terms and/or a modification of those terms.


3. Individual United Kingdom residents, who are 18 years of age or over, are eligible to enter Takeaway Eat’s competitions. The following are ineligible to enter: employees who work for Takeaway Eat or any of our affiliated, associated or subsidiary companies and agents or family members of any of these employees or anyone else who has connections with any Takeaway Eat competition.


4. It is the responsibility of the competition winners to make sure they accept any prizes they win as explained in (and in accordance with) all applicable specific and general competition terms.


5. If a competition prize isn’t claimed or accepted within the stated period of that competition’s specific terms, Takeaway Eat will have the right to redraw a new competition winner.


6. When you complete and submit a form to enter one of our competitions, this will be regarded as acceptance by you of all general competition terms and any specific competition term that is applicable.


7. All general competition terms and specific competition terms that are applicable are governed by English and Welsh law and are exclusively under the jurisdiction of the courts of England.


8. Personal data collected by Takeaway Eat for any of our competitions is processed in accordance with the applicable and relevant data protection laws, legislations and regulations of the United Kingdom. Further information about Takeaway Eat’s Privacy Policy can be found at:https://www.takeawayeat.com/privacypolicy.


9. We are within our rights to make alterations or amendments to the general competition terms or specific competition terms relating to any of our competitions and/or withdraw a competition at any time we reasonably see fit without giving any prior notice in writing.


10. Takeaway Eat’s decision is absolute, irrevocable and binding for all matters related to our competitions and we won’t enter into any correspondence.


11. All the standard terms and conditions, privacy policy, cookies policy and other website terms from time to time for the overall use of the website https://www.TakeawayEat.com and the service which is provided apply in full and should be treated as so.


18. CREDITS TO USE OF IMAGARY USED ON WEBSITE AND MOBILE APPLICATIONS


1. Font Awesome material is fully open source and is GPL friendly.


2Material from FreePik mockups used for mobile application demonstration graphics credited to user user17882893.





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