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.