Terms and Conditions

 1. Definitions

1.1 "Company" refers to FOOD 2 TAKEAWAY LTD, T/A food2takeaway.com at 2 Costons Avenue, Greenford, Middlesex UB6 8RJ, Registered in England No: 08507211, VAT No 170 1723 37.

1.2 “Partner Restaurant" refers to any person, firm, company or unincorporated association which subscribes to the Service by executing the relevant Application Form.

1.3 “Services” refers to the services provided by the Company in accepting orders for Products from Customers and processing and transmitting such orders to the Partner Restaurant, and services offered as part of marketing for Partner Restaurant.

1.4 “Customer” refers to any person or party that orders Products from the Partner Restaurant, through the Company.

1.5 “Products” refers to any goods or service that members of the public may obtain from the Partner Restaurant using the Company's food ordering and processing Services.

 

2. IMPORTANT LEGAL NOTICE

2.1 This page (together with our Privacy Policy and Cookies Policy) sets out the terms and conditions (“Website Terms”) on which the Company offers Services through our website http://www.food2takeaway.com and any FOOD 2 TAKEAWAY LTD mobile application through which you access our website or services (together, “Website”). Please read these terms and conditions cautiously before placing any orders for any products from our Website, as your purchase of any products offered on our Website is subject to these terms and conditions. You should understand that by ordering products through our Website (whether now or in the future), you agree to be bound by these terms and conditions. The use of our Website is also subject to these terms and conditions.

2.2 We may update these Terms and Conditions from time to time and you will be informed of any changes through a suitable announcement on the Company’s Website. The changes will apply to the use of the Company’s website after we have given an announcement. If you do not wish to accept the updated Terms and Conditions you should not continue to use the Company’s website. If you continue to use the Company’s website after the date on which the changes come into effect, your use of the Company’s website shows your agreement to be bound by the new Terms and Conditions.

2.3 Use of your personal information submitted via the Website is governed by our Privacy Policy and Cookies Policy.

2.4 For the prevention of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website www.food2takeaway.com and any of the Company’s mobile or any other application through which our website or services are accessed, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).

2.5 Please tick the checkbox to confirm your acceptance of these terms and conditions. Please understand that if you do not accept these terms and conditions, you will not be able to order any products from our Website.

 

3. OUR ROLE

3.1 The Company provides a system for you to communicate your orders to Partner Restaurants (“Partner Restaurants”) displayed on this Website.

3.2 Customer care is extremely vital to the Company; consequently in the event that you are disappointed with the quality of food or service ordered through our Website, subject to paragraph 6 below, the Company will issue a refund to a maximum amount equal to the value of the original order. An important part of our quality control process is that customers provide ratings and feedback on our Website to reflect their experiences with Partner Restaurants. Please note that any complaints must be lodged with our customer care team using the Company’s Website and e-mail address within 48 hours of placing the order.

3.3 You may access some areas of our Website without making an order and registering your details with us. Most areas of our Website are open to everyone.

3.4 By accessing any part of our Website, you specify that you accept these terms and conditions. If you do not accept these terms and conditions, you must leave our Website immediately.

 

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

4.1 Once you have chosen your order from the menu of your chosen Partner Restaurants you will be given the chance to submit your order by clicking on “proceed”, “place my order” or similar button. Please note it is vital that you check the information that you enter and correct any mistakes before clicking on this button since once you click on this any errors cannot be amended.

4.2 If at any time prior to you clicking on the “proceed”, “place my order” or similar button, you decide that you do not wish to continue with your order, you should close the application window.

4.3 On receipt of your order, the Company will begin processing your order and we will send you an email notification when your order has been received and that your order is being processed.

4.4 Where any payment you make is not authorised you will be returned to the previous page on our Website and we shall not be obliged to provide the services.

4.5 You have the right to cancel an order up to the point the order is referred to the Partner Restaurant. This must be minimum of 1 hour before the time you requested delivery of the order. When you cancel your order refund will be made less the charges for payment processing.

4.6 Please note that from time to time there may be delays with processing 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 card.

4.7 All queries regarding foods shown on our website should be directed to the Partner Restaurant.

4.8 After you submit an order to us, you will be given an Order Number and the details of this order will be sent in an email. Please note that this is acknowledgement of your order, not acceptance of order.

4.9 Acceptance of your order will only happen when we send you an additional email confirming that the Partner Restaurant has received and accepted your order. If the Partner Restaurant is unable to fulfil your order you will receive an email stating that your order has been declined.

 

5. PRICE AND PAYMENT

5.1 All prices include VAT but may leave out delivery costs, which will be added to the total amount due, where applicable.

5.2 Our Website contains a large number of menus and it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is higher than the price stated on our Website, the Company will normally contact you before the order in question is dispatched. The Company is under no constraint 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 for all orders must be made by credit or debit card as stated on our Website or Cash on delivery. Cash payments are made directly to the Partner Restaurant fulfilling the order.

5.4 Once your order has been accepted, this signifies a contract between you the Customer and the Partner Restaurant. Any transactions made by credit or debit card on our website is processed by the Company as an authorised agent of the Partner Restaurant.

5.5 Prices are subject to amendments and all foods are subject to availability.

5.6 An order may be subsequently cancelled by a Partner Restaurant after you have received an email stating the order has been accepted. The Company and our Partner Restaurants reserves the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.

5.7 A discount may apply to your order if you use a promotional code recognised by our Website and validated by the Company.
 

6. COMPLAINT

6.1 The company is fully responsible for any chargeback, refund and complaints subject to the following terms.

6.2 In the event that you have a complaint about the quality of food or service provided by the Partner Restaurants on our Website then any compensation should be pursued directly from the Partner Restaurant.

6.2 If you are still not satisfied with the respond from the Partner Restaurant, you need to lodge in your complaint with the company within 48 hours of placing your order via the Company’s website or email address stating your order number and postcode.

6.3 Our Customer Care team will investigate your complaint and issue you a full refund once your complaint has been reviewed with the Partner Restaurant.

 

7. LICENCE

7.1 The content and design of these website pages are subject to copyright and are owned by the Company. You are welcome to print pages for personal use but no part of our website, our logos or trademarks may be replicated or conveyed in any way for any other purpose.

7.2 Other than having authorisation to access the website and use the services in accordance with these Terms and Conditions, you agree that nothing herein creates or allows present you any right in or ownership of any intellectual property rights existing in the presentation or format of the website or in any software, content, information, data or databases provided through the website or used in or forming part of the services. This includes without limitation any registered or unregistered trademarks, service marks, logos, designs, database rights, copyright, rights in domain names or data owned by or vested in the Company or any third party ("Intellectual Property").

 

8. SERVICE ACCESS

8.1 The Company will make all reasonable efforts to provide you with access to our website 24 hours per day without any interruptions. However, from time to time you may experience disruptions due to, for example, essential maintenance or problems beyond our control involving suppliers, communications, the Internet, your own computer or software failures.

8.2 The Company does not warrant that our Website will be available continuously and is not accountable for any downtime or disruption in website availability.

8.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk.

 

9. VISITOR MATERIAL AND CONDUCT

9.1 Other than personally identifiable information, which is covered under the Company’s Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. The Company will have no duties with respect to such material. The Company and anyone we elect will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

 

10. LINKS TO AND FROM OTHER WEBSITES

10.1 Links to third party websites on our Website are provided solely for your convenience. Those websites are not under the control of the Company and the Company is not accountable for the practices, content or availability of such websites. A link does not imply endorsement of sponsorship or affiliation with the linked site. If you decide to access linked third party websites, you do so at your own risk, and the Company will not be held accountable or responsible for any loss or damages caused by use of or reliance on any contents, goods or services available on such websites.

10.2 You may link to our Website homepage www.food2takeaway.com, provided that you do so in a fair and legal way which does not damage the Company’s reputation or take advantage of it.

10.3 The Company has the right to remove the linking permission at any time.

 

11. DISCLAIMER

11.1 While the Company tries to ensure that information on this Website is precise & accurate; we do not promise it is fully correct. The Company may make amendments to the material on our Website, or to the Services and prices defined in it, at any time without notice. The material on our Website may be out of date, and the Company makes no commitment to update that material. In particular, we do not promise that the information provided by the Partner Restaurants and displayed on this Website such as the menus, pricing and estimated times for deliveries is correct or up to date.

11.2 You are accountable for the security of your password that you used to register with this Website. The Company will not be responsible for any unauthorised transaction entered into using your name and password.

11.3 You should not under any circumstances give your password, credit/debit card details when contacting the Company. We only need your order number.

11.4 PLEASE NOTE: The Company attempts to correctly copy the item names, descriptions, prices, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Partner Restaurants. However, it is the Partner Restaurants that are accountable for providing this Menu Information and ensuring that it is truthfully correct. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Partner Restaurant directly before ordering.

 

12. TERMINATION

12.1 The Company may terminate or suspend (at our absolute discretion) your right to use our Website and your use of the Services immediately by notifying you in writing (including by email).

12.2 You are forbidden to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.

12.3 Upon termination or suspension of your membership you must immediately destroy any downloaded or printed extracts from our Website.

12.4 Please note that we have the capability to trace your IP address, and if necessary, contact your ISP (Internet Service Provider) in the event of a suspected breach of these Terms of Use.

 

13. LIABILITY

13.1 The Company and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all obligations and accountabilities for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, our Website or in connection with the use, inability to use or the results of use of our Website, any websites linked to our Website or the material on these websites.

13.2 The Company takes full accountability for the content of our Website and for the communication of orders to the Partner Restaurants as set out in these Terms and Conditions. The Company’s customer care team will, subject to your compliance with these terms and conditions and cooperation, use all reasonable endeavours to resolve any issues arising from the submission of orders through our Website including the processing of all credit or debit card refunds and charge-backs where appropriate. However, please note even though we are the Merchant-of-Record (MOR) and responsible for charge-backs and refunds, the legal contract for the supply and purchase of food and beverages is between you and the Partner Restaurants that you place your order with. The Company cannot take any responsibility that the Products ordered from the Partner Restaurants through our Website will be of satisfactory quality and any such warranties are disclaimed by the Company. Neither can the Company take any responsibility that the estimated delivery and collection times stated on this Website are accurate. These disclaimers do not affect your statutory rights against the Partner Restaurants.

13.3 If your use of material on our Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.

 

14. GOVERNING LAW AND JURISDICTION

14.1 The Terms of Use, Privacy Policy and any matter relating to our Website shall be governed by English law and any dispute shall be resolved exclusively in the courts of England.

 

15. YOUR STATUS

15.1 By placing an order through our Website, you certify that:

(a) You are legally capable of entering into binding contracts; and

(b) You are at least 18 years old.

 

16. WRITTEN COMMUNICATIONS

16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website or ordering products through our 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 our website. For contractual purposes, you agree to this electronic means of communication and you recognise 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.

 

17. EVENTS OUTSIDE OUR CONTROL

17.1 The Company will not be accountable or responsible for any failure to perform, or delay in performance of, any of our duties under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) impossibility of the use of public or private telecommunications networks; and

(f) the acts, decrees, legislation, regulations or restrictions of any government.