THIS AGREEMENT sets out the terms and conditions that are applicable to the Restaurant's use of easyFood proprietary Technology as well as the easyFood website for the acquisition, creation and distribution of orders by customers for goods from the Restaurant. The initial agreement between easyFood and the Restaurant is for a period of 36 Months, after which the contract will be reviewed.
easyFood, primarily through its website www.easyfood.co.uk or its associated websites, apps and platforms which link you to our website (together, known as the "Website"), and its proprietary Technology, and other related hardware and software (together the "Product"), will give customers the ability to place Orders for takeaway food and drinks from the Restaurant, for delivery by, or collection at, the Restaurant. The website and apps provide a simple way of ordering your food online at your convenience. You choose from the restaurants, pick from the menus provided on the website and build your order and press submit.
easyFood members can view past orders and save favorite orders and gain loyalty discounts.
By joining, members can view their order history, rate past orders and earn discounts.
By reading the Agreement of the Terms and Conditions and continuing to use the App and Websites you are agreeing to comply with their obligations set out in this agreement.
The Hardware known as the EPOS system will be Delivered and Installed: Installation of the hardware will take place at a mutually agreed time between easyFood and the Restaurant in question. It will be carried out after payment in full of the Upfront Payment has been made by the Restaurant.
Profile set-up: Within 14 days of the receipt of payment in full, and having received all the information that has been requested from the Restaurant to the complete and correct form, easyFood undertakes to set up the Restaurant's Profile on the easyFood Website.
Product care: The Restaurant will use, store and maintain the hardware in such a way as to allow it to receive an internet signal, and so that all Orders that are received can be processed as soon as possible.
Product malfunctions: The Restaurant must notify easyFood if the hardware malfunctions.
Product repair – Overview: easyFood authorise the product provider to carry out repairs on behalf of easyFood, using their designated/authorised agent in most cases this will be done promptly a repair or replacement of the Product in case of malfunction, where in easyFood is of the opinion that the malfunction is a result of misuse, unauthorised alteration or accidental damage by the Restaurant or repairs have been conducted by an agent that isn’t authorised by easyFood.
easyFood will not be responsible for repairs and replacements, if this was the case.
Product upgrades: easyFood may need to periodically upgrade or modify the hardware at any time. easyFood will notify the Restaurant in advance of any such upgrade or alteration of the amount of charges applicable.
Ownership: The hardware remains the property of the leasing organisation at all times. On termination of the Agreement, the Product must be returned by the Restaurant to easyFood in good working condition.
Execution of Orders: The Restaurant is required to receive, process, prepare and deliver the customers' orders that have been placed through the Website or App received from easyFood. The restaurant shall ensure this is done accordance with best practice of Food Safety and Hygiene regulations and health & safety and any other statutory or regulatory requirement. Food prepared, processed and delivered must correspond to what is stated in the Order, and must take into account any customer requirements that have been submitted alongside the Orders, including in relation to customer allergies.
Rejection of Orders: The Restaurant should always try it’s best to accept all Orders. Where the Restaurant needs to reject or terminate an Order, it must communicate promptly as possible with the customer about such a rejection. You have a maximum of 4 minutes to accept all orders, if the order does not get accepted easyFood will contact you to notify you of the order. giving you the opportunity to accept, failure to respond the order will be rejected.
Acceptance of Card Orders: The Restaurant must permit the customer the option of paying via debit or credit card.
Order Accuracy: When the Restaurant delivers a customer’s Order, the Restaurant is required to ensure that the Order contents corresponds with the Order the customer has placed via the easyFood website and the App.
Customer Identification: Where an Order has been paid for via a credit or debit card, on delivery of the Order, the Restaurant must ask for proof of identification from the customer. This will be in the form of the signed card that has been used to place the Order. The Restaurant must check that the credit or debit card matched the receipt data.
Alcohol & other prohibited goods: Restaurant who want to sell or supply alcohol in England and Wales must have a licence or other authorisation from a licensing authority - usually a local council. The law and policy governing this area is overseen by the Home Office. Where an Order contains alcohol, or any other products that are subject to age restrictions, the Restaurant must acquire proof of age from the customer upon delivery. The Restaurant will take every other precaution needed to ensure the customer is of a legal age for the purchase of alcohol.
Receipts: The Restaurant will provide each customer with an official receipt and if requested a VAT receipt in relation to an Order.
Redelivery and refunds: In the event that such a redelivery, refund or proportionate price reduction is given to a customer, this shall not affect the Restaurant Charges that are due to easyFood.
Reviews: The restaurant have a responsibility to provide outstanding customer service and do its best to monitor any poor reviews or low star ratings and do its best to provide a positive experience on the customer's visit/s and respond to any negative feedback.
Information given to easyFood: The Restaurant must undertake to check that all of the details in its menu or otherwise provided to easyFood for inclusion on the Website is accurate at all times. It must comply with all statutes, regulations and laws including consumer information about ingredients which could potentially cause an allergic reaction. This must be kept up to date. easyFood have the right to know who your existing merchant/s are such.
Allergens: The Restaurant must provide and easyFood with details of all of the Allergen Information it has in relation to the food that the Restaurant prepares. It’s the Restaurant's responsibility to provide this information to easyFood as fast as possible. They must also check that that the Website contains the correct Allergen Information at all times.
Ensuring the safety of customer is of paramount concern. If easyFood is not satisfied with a Restaurant's commitment to providing accurate and timely information about ingredients. This particularly applies to Allergen Information. easyFood maintains the right to suspend the Restaurant from the Website or terminate this Agreement.
Prices: The Restaurant agrees that the prices listed on the Menu including any delivery charges it has will be on display on the Website, and they shall be the same as the prices offered in its premises.
Updates & errors: The Restaurant shall be exclusively responsible for ensuring that all information displayed on the Website is correct and kept up to date. All Menu information must correspond exactly to the data contained on the Menu. The Restaurant shall report to easyFood any errors in the Menu or on the Website. The Restaurant agrees that if there is a contradiction between the data on the Website and the data provided by the Restaurant, the information provided on the Website will be the one that remains.
Changes & costs: easyFood will update and change the contents of the information about Restaurant that is displayed on the Website as soon as possible following the receipt of a written request from the Restaurant. easyFood reserves the right to charge an administrative fee to the Restaurant for any changes. In such a case, easyFood will notify the Restaurant in advance of the change of the amount of administrative fees applicable.
Opening hours: The Restaurant must inform easyFood of its trading hours, and of any changes to such Opening Hours when they happen. If the hours of operation are on a Restaurants the Menu, easyFood will assume that these are the Opening Hours unless the Restaurant informs easyFood otherwise.
Offline times during Opening Hours: The Restaurant must ensure that they remain online and able to process orders. Orders using the hardware during Opening Hours, with the exception of closures for emergencies and planned closures must be communicated to easyFood in writing in advance. Where a closure has been planned, the Restaurant must provide easyFood with a date from which Opening Hours will return to normal.
Gross Order Value: The Gross Order Value is the total amount charged by the Restaurant to the Customer for an Order. This includes the value of the goods plus the Restaurant's delivery charges (if any), plus the Customer Admin Charge (if any), plus applicable taxes.
Card Orders: If a customer pays for an Order by credit or debit card, and the payment has been withheld because of errors in the Restaurant's preparation or delivery of the Order, the Restaurant is not entitled to any payment from easyFood in relation to such Order and must take up their dispute with the Customer. Card orders are processed through a third party payment facilitator.
General: The Restaurant acknowledges and agrees that easyFood may display on the Website ratings and reviews provided by customers regarding the Restaurant or an Order.
Removal: If a review is offensive, explicit or derogatory or otherwise breaching easyFood guidelines, we hold the right to remove such reviews. The Restaurant acknowledges that easyFood is under no obligation (but reserves the right and sole discretion at any time and for any reason) to remove or edit any other Reviews.
Reviews by Restaurant: The Restaurant agrees that it shall not itself provide or cause any other party to provide any Reviews that are fraudulent or otherwise breach easyFood review guidelines.
Liability: To the fullest extent permitted by law, easyFood assumes no responsibility or liability to the Restaurant for any Reviews.
CONSENTS & COMPLIANCE WITH LAWS: The Restaurant will insure that it has acquired or will acquire and keep up to date any consents, licences, permits, approvals or authorisations of any person that is required in connection with signing this Agreement or executing the running of its business.
Franchises: If any part of a Restaurant's business brand becomes subject to a license or a franchise arrangement, the Restaurant will be required to obtain the necessary Consents from its licensors or franchisors for the inclusion on the Website of the licensors or franchisors business, name, brand or logo. The restaurant will insure that easyFood is fully indemnified for any or claims made against or incurred by easyFood due to any failure to obtain such Consents.
Loss of Consents: The Restaurant will inform easyFood in writing immediately if any of the Consents described in these terms has been revoked or suspended, or the Restaurant can no longer rely on any such Consents.
Compliance with laws: The Restaurant will insure that it complies with all applicable laws and regulations. This covers health and safety, VAT, data protection and food standards, and will retain evidence to easyFood of such compliance which must be submitted upon request.
Website terms & conditions: The Restaurant will comply with the Websites terms and conditions. These terms and conditions can be found on the Website. They may from time to time be amended so please insure you check regularly. The key area is the sections relating to compliance with relevant security and data protection provisions when dealing customer data and when receiving, processing and delivering customer Orders. The Website terms and conditions are considered a part of this Agreement.
Taxes: The Restaurant is required to ensure that it is responsible for self-assessing, claiming and remitting all its applicable taxes.
Inspections: The Restaurant concedes that easyFood retains the right to inspect the Restaurant's premises at the discretion of easyFood . This will be to ensure that easyFood is satisfied that the Restaurant is compliant with all necessary regulations.
easyFood branding: Where the Restaurant agrees to market the easyFood and the easyFood Website through menus, posters or other relevant advertising material, the Restaurant agrees to do so in accordance with easyFood guidelines, consent and instructions.
Marketing: The Restaurant will consent to easyFood sending them direct marketing communications about easyFood products or services, as well as some of the organisations that easyFood is partnered with via e-mail, post or other means of communication. easyFood receive the right to retain customer third party information for purpose of marketing and to improve third services.
Non-disparagement: The Restaurant is under obligation to refer positively to easyFood in relation to Customers, and must not inform customers who have placed Orders to place a future Orders directly with the Restaurant, in an attempt to circumvent the Website.
Ownership of IPR: All IPR in connection with the Service, the hardware or the Website shall be owned by easyFood and nothing in this Agreement shall constitute a transfer of those IPR to any other party.
Licence of Restaurant IPR: The Restaurant gives easyFood the right to use the Restaurant's name, Menu, logo and other material for the purposes of providing the Service for the duration of the Agreement.
Third-party IPR: The Restaurant confirms that all material submitted for use on the Website does not violate, infringe or conflict with the IPR of any third party. The restaurant shall defend any claim brought against it or where easyFood Ltd are named as party to the infringement of Intellectual Property Rights of a third party (IPR Claims). The Restaurant shall pay all costs and damages awarded or agreed to in settlement of an IPR Claim against it, further the Restaurant shall:
Third-party IPR claims: If a third party issues a claim against easyFood for the violation of IPR relating to the Restaurant's name, Menu, logo and any other material provided by the Restaurant, the Restaurant shall fully indemnify and keep easyFood indemnified against losses, damages or claims and all costs resulting from such claims.
“IPR” means: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
easyFood makes the Website available for 24 hours of the day but is under no obligation to do so.
easyFood has the right to interrupt the access to the Website at any time and without any notice for the purposes of maintaining and upgrading the Website.
easyFood intends for the Website to comply with relevant laws and regulations. This includes the laws that relate to the management of personal data. Should easyFood give the Restaurant access to making changes on the Website, the Restaurant shall be responsible for any such changes and shall fully indemnify easyFood from damages or claims made against or incurred by easyFood due to any act or omission of the Restaurant.
Restaurant easyFood Website
The Restaurant agrees that easyFood may, create a website relating to such Restaurant with a domain name chosen by easyFood hereafter known as the “Restaurant easyFood Website”.
The Restaurant easyFood Website may: (i) contain a link to the Website and enable customers to send Orders to the Restaurant via the Website; and (ii) reproduce any of the materials provided by the Restaurant to easyFood .
With the exception of the Restaurant's name, Menu and logo, all IPR in the Restaurant Website shall at all times remain the property of easyFood .
easyFood may in its sole discretion at any time and for any reason, permanently remove or disable the Restaurant Website, as well as at the request of the Restaurant.
The Restaurant accepts that upon the termination of this Agreement, the Restaurant easyFood Website will be permanently remove or otherwise disable.
Orders through Restaurant websites:
If, in easyFood opinion, the Restaurant is in violation of its obligations in accordance to this Agreement or operating in a fashion which is harmful to easyFood 's business or reputation, including without limitation by reasons of:
poor customer service;
the Restaurant being unable to process Orders as a result of the Hardware being turned off;
easyFood receiving evidence that a Restaurant does not have the necessary Consents for the use of the Websites business, name, brand or logo; may suspend the provision of the Services under this Agreement including by removing the Restaurant's Profile from the Website.
Term: This Agreement becomes binding when it has been signed by both parties.
Termination by easyFood : easyFood may at any time choose to terminate this Agreement immediately by giving written notice to the Restaurant.
Effect of termination: Upon termination of this Agreement, easyFood will send the Restaurant a notice confirming the termination of the agreement.
Cached websites: easyFood will act decisively to remove or disable the Restaurant's Website Profile and Restaurant easyFood Website promptly following termination of this Agreement. However, the Restaurant acknowledges and accepts that easyFood has no control over cashed data that remains on Customers web browsers.
General: Nothing that is outlined in this Agreement limits or excludes easyFood or the Restaurant’s liability for death or personal injury caused by its negligence, or any other liability that cannot be limited or excluded under applicable law.
Exclusion of easyFood liability: easyFood will not be liable to the Restaurant, whether in contract, tort, breach of statutory duty, or otherwise, for any damages, costs, direct or indirect losses including without limitation loss of profit, or any consequential loss suffered by the Restaurant and arising out of or in connection with this Agreement.
Indemnity: The Restaurant fully indemnifies easyFood and will keep easyFood indemnified against any losses, damages or claims made against easyFood by a customer or any third party in relation to the Restaurant's failure to deliver an Order or the Restaurant's inability to comply with this Agreement and any applicable laws, rules and regulations in force at the time.
easyFood shall not be liable to the Restaurant as a result of any delay or failure to perform its requirements under this Agreement because of a Force Majeure Event. A Force Majeure Event refers to an event beyond the control of easyFood including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, import and export restrictions, faults, breakdowns or other operational interruptions.
easyFood may alter the nature of this Agreement without prior notice. The Restaurant will be informed of the amendments in writing either email, or post.
The Hardware supplied by easyFood gives the ability to market goods and services directly to Restaurant patrons. easyFood reserve the right to make use of this marketing platform as part of this Agreement. Should the Restaurant have any objection to the nature or content of the material that is displayed vis the Hardware, the Restaurant have 24 hours from the application of this material to contact easyFood and express concerns of the content displayed. easyFood will make an assessment and give the restaurant the final decision.
Third party assignment
easyFood reserves the right to outsource any of its services and its obligations under this Agreement to any third party of its choosing.
The Restaurant however can only make use of third parties in respect to the facilitation of the Agreement with the express permission of easyFood .
CONFIDENTIALITY of Agreement
The content and the nature of the Agreement must not be disclosed under any circumstances during the period this Agreement is in effect. Should the agreement cease and desist any time the confidential nature of this will still apply, with the exception of requirements by law.
In the event of any dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, the parties shall seek to settle that dispute by mediation in accordance with the London Court of International Arbitration Mediation Procedure (the Procedure), with which it is deemed to be incorporated by reference into this Agreement.
If any (or all) of these terms or conditions of the Agreement are made to become void for whatever reason, what remains enforceable in this Agreement will remain in full effect. All void terms or conditions will be altered to the extent required to make the Agreement valid, legal and enforceable.
Governing law: The easyFood Agreement shall be governed in accordance with English law.
Jurisdiction: The parties all agree to issue any dispute that arises in relation to this Agreement to the jurisdiction of the courts of England and Wales.
Customer using easyFood Webpage
This web site is owned and operated by easyFood .co.uk. easyFood provides access for you to place orders, linking to the site or use of software or downloading software to the site easyfood.co.uk.
As a user of easyfood .co.uk you are advised to print a copy of the web terms for your own reference. We maintain the right to modify the web terms occasionally by changing them on this site.
Remember that references to "Website" in these Website Terms include any current or future variation of our website easyfood.co.uk and any easyFood mobile application through which you obtain our website & related services, in each case whether accessed through any current or future platform or device.
I. TERMS AND CONDITIONS OF USE
1. easyFood Details
1.1. Company details: easyFood is an organisation registered in England and Wales with registered company number 07242208, whose registered office is at SK Building, Birchall Street, Digbeth, Birmingham, B12 0RP.
1.2. Service: We provide a method for you to convey your orders ("Orders") for products ("Products") to delivery or takeaway restaurants ("Restaurants") on the Website (the "Service").
2. WEBSITE ACCESS AND TERMS
2.1. Acess to the website: By going onto easyFood you will have instant access to some pages without placing any order or registering with easyFood .
2.2. Acceptance of terms: By going onto easyFood .co.uk you accept these Website Terms as stated. If for any reason you do not accept these Website Terms, you will need to leave the Website now. You will not be able to order any Products through the Website.
2.3. Revision: We continue to make changes and as we do, please note the terms on the website may get changed time to time. We advice that you view this page when you make visits as you are bound to the terms. You are subject to the policies, terms and conditions in force at the time that you place an Order through the Website.
2.4. Your Responsibility: You need to be responsible for ensuring that all individuals who are using the Website through your internet connection know about these Website Terms and that they adhere with them all.
3. YOUR STATUS
3.1. Ability and age: By making an Order via the Website, you accept that:
3.1.1. You are legally capable of entering into a binding contract; &
3.1.2. You are 18 years or older.
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. PLACING AN ORDER ON easyFood : HOW TO ORDER/PROCESS
4.1. Your Order: First you choose a restaurant to order from, after you have selected your Items from the menu provided. You will be given the option to submit your order by selecting the Accept button. Make sure you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so, your order will be processed and any errors cannot be rectified.
4.2. Amendments/Cancellation Order: when you have placed your order and the payment details have been authorised we will not be able to amend or cancel your Order, you will also not be entitled to a refund (please refer to paragraph 4.4 for details of the process pertaining to rejected Orders). If you want to amend or cancel your order, you will have to get in touch with easyFood customer service team, the team will attempt to contact the restaurant to see if they agree, we cannot guarantee the restaurant will honor your request. (see paragraph 6.3).
4.3. Payment authorisation: Only payments that have been authorised will be processed, if your payment fails the order will not be submitted. We use reputable third parties who provide a high quality and secure service for the payment gateway.
4.4. Processing and Rejections: once payment has been authorised, you will receive a notification by email with the details of the restaurant accepting your order. any confirmation page or email confirming your order, is an indication to you, that your order has been received , and does not necessarily mean that your Order has been accepted by the Restaurant. Restaurants do have the right to reject orders if they are too busy etc. however we do encourage restaurants to accept all orders they can fulfill.
4.5. Delivery: Delivery and collection with the Estimated times are provided by the restaurant. Estimated times may vary depending on how busy the restaurant is.
5. PRICING AND PAYMENTS
5.1. VAT and delivery: the prices will be ready to view of the website, when you have selected all your products the end screen will total the value added the VAT amount 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: The easyFood site holds a number of restaurant menus and it is possible that restaurant will make changes to the pricing on the menu which will differ on our website, if this was the case easyFood and the restaurant are not obliged to process the order at the incorrect price.
5.3. Payment methods: Payment method choices are on the restaurant web payment page please select one of the options to make your payment, or if you have selected cash, you will need to pay cash at the point of sale when the items are delivered or when you collect your items.
5.4. Card payments: when you pay by credit or debit card, for proof of identification and to insure the card matches the receipt, you may be required to show the card to the Restaurant at the point of delivery, if someone has made payment on your behalf please notify the restaurant if this was to happen. Please note that there could be delays with the processing of card payments and transactions; this may result in payments taking up to several days to show on your account most cases it would normally take three to four working days. 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.
5.6. Reject: 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 the total amount for your Order. If your Order is then rejected by the Restaurant or it has been cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will release the relevant amount back into your account. This can take between 3 to 5 working days depending on your bank or card issuer. You acknowledge and agree that neither easyFood nor the relevant Restaurant will be liable to you in regarding this delay by your bank or card issuer in the release of funds back into your account.
6. CUSTOMER CARE
6.1. Changing or cancelling your Order: when you have placed your order and the payment details have been authorised we will not be able to amend or cancel your Order, you will also not be entitled to a refund. If you want to amend or cancel your order, you will have to get in touch with easyFood customer service team, the team will attempt to contact the restaurant to see if they agree, we cannot guarantee the restaurant will honor your request.
6.2. Complaints or feedback: If you are displeased with the Products or the service you have received from a Restaurant, please consider providing feedback in the form of ratings, comments and reviews on the Website that encapsulates your views.
6.3. Compensation: if you feel the restaurant have dissatisfied you with the quality of food or service you received and you wish to seek the following
you will need to contact the Restaurant directly to issue your complaint and follow the Restaurant's complaint procedures. easyFood cannot provide you with any compensation, if however you cannot get in touch with the restaurant we will do so on your behalf and we will also put the restaurant under review to make sure the restaurant are meeting a high standard.
7.1. Terms of permitted use: You are permitted to use the Website and print download extracts from the Website for your own personal non-commercial use under the following terms and conditions:
7.1.1. You must not misuse the Website (including by hacking).
7.1.2. The copyright and other intellectual property rights contained within the Website and the material published on it (including photographs and graphical images) are owned by us or our licensors. They are protected by copyright laws and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website is prohibited.
7.1.3. You cannot alter the digital or paper copies of any materials that you print off and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any text.
7.1.4. You are not permitted to use any of the materials on the Website including the Website itself for commercial purposes.
7.2. Limitation on use: The Website, or the entire website itself may not be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our consent.
8. SERVICE ACCESS
8.1. Website availability: While we try to ensure the Website is normally available 24 hours a day, 7 days a week, all year round, we are not obliged to do so, and we will not be liable if the Website is unavailable at any time or for any period.
8.2. Suspension of access: Your ability to access the Website may be suspended at any time and without notice for as long as we deem it necessary.
8.3. Security Information: Using the internet and the easyFood site, the transmission of information used on the internet is not always entirely secure. We follow the requirements by the Data Protection Act 1998 to protect your information, but we cannot guarantee the security of the data that is transmitted to the Website; any transmission is at your own risk.
9. VISITOR MATERIAL AND REVIEWS
Apart from the personally identifiable information, any material you post, transmit or upload to the Website is considered to be non-confidential and non-proprietary. By posting, uploading or transmitting anything via the Website, you confirm that you own or otherwise control all of the rights to the Material in question. You agree that we and anyone we assign will be free to copy, distribute, incorporate, publish and otherwise use any Material and all data, images, sounds, text for any commercial or non-commercial purposes.
9.2. Material Policy: You do not have permission to post, upload or transmit to or from www. easyFood .co.uk or other easyFood websites any Material (including any Reviews) that:
9.2.1. violates any local, national or international law;
9.2.2. is fraudulent;
9.2.3. amounts to advertising;
9.2.4. contains viruses or any other harmful or malicious programs.
9.2.5 used for hacking
9.3. Reviews Policy: Specifically, any Reviews that are submitted through the Website must not:
9.3.1. promote criminal activity;
9.3.2. encourage violence or discrimination;
9.3.3. encroach or violate the intellectual property rights of another person or organisation;
9.3.4. breach any legal duty you are bound to relating to a third party (such as a confidentiality agreement);
9.3.5. have any defamatory, obscene, inappropriate or offensive material;
9.3.6. invade another person’s privacy;
9.3.7. imply that they originate from us;
9.3.8. 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 not to be considered complete. We maintain the right and can at our discretion, remove, edit or replace any Reviews or other Material posted at any time. Anything that has been uploaded or transmitted to the Website that we consider violates a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any danger or legal liability of any type, or for any reason.
9.5. Use of Reviews: Reviews/ other Material contained on the website www. easyfood .co.uk are for information purposes only. The content of this Website does not constitute advice from us. Reviews/all Material are the opinions of customers who have had an experience on our Website or other third parties, and any statements, advice, comments or opinions provided by such persons are theirs only which has no reflection on us and we cannot remove these comments, we can advise you to improve your services if needed to improve customer satisfaction. As a result, and in accordance to the law, we assume no responsibility or legal liability to any entity for any Reviews or other Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any of these types of materials.
9.6. Liability: You agree to compensate us against any losses, damages and claims including all of the related costs that are incurred by or made against us by a Restaurant or any other third party, as a result of any connection with any Reviews or other Material that you provide that is in breach of any of the representations and warranties, agreements or restrictions outlined in this paragraph 9.
9.7. Disclosure to authorities and courts: You accept that we will fully co-operate with any lawful authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Material, that in breach of paragraph 9.2, 9.3 or any law, as well as any other restrictions, and you release us to the fullest extent permitted by law from all liability in relation to such disclosures.
10. LINKS TO AND FROM OTHER WEBSITES
10.1. Third party websites:
10.2. Linking permission: You may link to the Website's homepage (www. easyfood .co.uk), under the following conditions:
11.1. Website information: we will always try our best to keep the website information accurate, at times we will make changes to the material on www. easyfood .co.uk. We cannot guarantee the information will always be accurate, as changes might need to be made at short notice or without any notice.
11.2. Allergy, dietary and other menu information: The Restaurants are the ones who are ultimately responsible for providing the Menu Information and making sure that it is correct and in date, easyFood replicate the information given by the restaurant onto the website. If you have any questions about any of the allergen warnings, the contents of an order or any other Menu Information, you must contact the restaurant directly before placing your order.
11.3. Restaurant actions and omissions: easyFood do not have control over the actions or omissions of any Restaurants which result in the legal contract for the supply and purchase of all Products is solely between you and the Restaurant that you place your Order with.
By using the easyFood website you acknowledge and accept the following:
11.3.1. We disclaim any such warranties that the Products ordered from any Restaurant through the Website will be of satisfactory quality or suitable for your purpose.
11.3.2. Delivery and collection times are estimated by the restaurant and are only estimates. Neither we nor the Restaurant's guarantee that Orders will be delivered or will be available for collection within the estimated times.
11.3.3. There will be times the restaurant may not to able to accept orders, we will notify you as soon as we get a reasonable answer to why the order was rejected. We do encourage all our Restaurants to accept all Orders and to communicate any rejection promptly. We cannot guarantee that Restaurants will accept all Orders, and Restaurants have the discretion to reject Orders at any time because they are too busy, weather conditions, broken down equipment 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 give you with access to the www. easyfood .co.uk (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, loss of Data, personal injury 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 foreseeable, 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.;loss of anticipated savings;
12.2.2. loss or corruption of data, information or software;
12.2.3. loss of business opportunity;
12.2.4. any loss of profits, sales, business, or revenue
12.2.5. loss of goodwill; or
12.2.6. any indirect or consequential loss.
12.3. Limitation of liability: Subject to clauses 11, 12.4 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 lower.
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: At our discretion we can terminate or suspend you from using our website and services immediately, if we believe in our sole discretion that you have used the Website in breach of the easyFood (License terms & conditions); that you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews); that you have breached paragraph 10.2 which includes Links to and from other websites; and you have breached any other material terms of these Website Terms.
13.2. Obligations upon termination: Upon termination or suspension you have to immediately destroy any downloaded or printed extracts from the Website.
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 acknowledge that all contract that we provide to you meet all relevant legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
15.1. We are not liable nor are we responsible for the inability to perform, or for any delay in performance of, or our obligations under these Website Terms that is caused by events that are beyond our control such as a Force Majeure.
15.2. A Force Majeure incident includes but is not limited to any act, event, absence, error, mistake or accident beyond any reasonable control of ours and includes without limitation to:
15.2.1. strikes and all other industrial action;
15.2.2. civil disorder, rioting, foreign invasion, terrorist incident or prospect of terrorist incident, war or preparation for potential war;
15.2.3. fire, storm, rain, explosion, flood, earthquake, building collapse, pandemic or another natural occurrence;
15.2.4. Unviability of the railways, aircraft, shipping, road transport or other means of conveyance;
15.2.5. impossibility of the use of telecommunications networks;
15.2.6. any acts, laws or provisions issued by government.
15.3. the functionality of this Website Terms is deemed to be frozen for the period that any Force Majeure Event persists for. We will use all reasonable efforts to bring any Force Majeure Event to a swift end or to identify a different resolution to allow us to fulfil our requirements under these Terms. They may be carried out despite the Force Majeure Event.
16. ADDITIONAL TERMS
16.2. Cookie terms: It is advised that you review our Cookies Policy. This page will give you all the information about how and why cookies help improve your user experience.
16.3. Severability: If any of these Website Terms are determined by a legitimate authority to be unlawful, void or unenforceable to any degree, such term, condition or requirement will to that extent be removed from the remaining terms and conditions. These will continue to be valid to the fullest extent permitted by law.
16.4. Whole agreement: These Terms make up the agreement between you and us. These Terms surpass all previous arrangements between us relating to the content of any contract.
16.5. No waiver: Any delay, or inability by you or us in enforcing part or all of the Terms detailed on this website will not be interpreted as the voiding of your or our rights.
16.6 Advertisements: When using our services and products you are agreeing to view advertising material displayed on the easyFood website or the easyFood epso system displayed in the restaurant.
17. GOVERNING LAW AND JURISDICTION
17.1. These Terms shall be governed by and modified in accordance with English law. Any disputes that arise in relation to these Terms will be subject to the jurisdiction of the English courts exclusively.