CLICK N DELIVER WEBSITE TERMS AND CONDITIONS
This document sets out the terms and conditions ("Website Terms") on which we, Click n Deliver Ltd ("we" or "Click n Deliver"), provide our services through our website http://www.clickndeliver.co.uk and any Click n Deliver mobile application through which you access our website or services (together, "Website"). Please read these Website Terms carefully before ordering any products through, the Website, as your purchase of any products offered on the Website is subject to these Website Terms. By ordering products via the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference.
These Website Terms are only in the English language.
For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website http://www.clickndeliver.co.uk and any Click n Deliver mobile application through which you access our website or services, 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).
By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1.Company details: Click N Deliver is a company registered in England and Wales with registered company number 10756441, whose registered office is at Kemp House, 152 – 160 City Road, London, EC1V 2NX
1.2.Service: We provide a way for you to communicate your orders ("Orders") for products ("Products") to delivery or takeaway restaurants ("Restaurants") displayed on the Website (the "Service").
2. WEBSITE ACCESS AND TERMS
2.1.Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
2.2.Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
2.3.Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
2.4.Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3. YOUR STATUS
3.1.Capacity and age: By placing an Order through the Website, you warrant that:
3.1.1.You are legally capable of entering into binding contracts; and
3.1.2.You are at least 18 years old.
3.2.Alcohol and cigarettes: Furthermore, you acknowledge and agree that:
3.2.1.Pursuant to the Licensing Act 1964, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;
3.2.2.Cigarettes are not for sale to persons under the age of 18; and
3.2.3.Orders containing either alcohol or cigarettes can therefore not be accepted from or on behalf of persons under the age of 18.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1.Compiling your Order: Once you have selected the Products you wish to order from the menu of your chosen Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected.
4.2.Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.
4.3.Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Restaurant.
4.4.Processing your Order and Restaurant rejections: On receipt of your Order, we will begin processing it by sending it to the relevant Restaurant and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Restaurant. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
4.5.Delivery of your Order: Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.
5. PRICE AND PAYMENT
5.1.VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Restaurant (if you pay for your Order online). These will be added to the total amount due where applicable.
5.2.Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3.Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Restaurant at the point of delivery to you.
5.4.Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5.5.Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by CLICK N DELIVER, and you pay for any balance by credit or debit card. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
5.6.Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Restaurant (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. CUSTOMER CARE
6.1.General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the "Need help?", "Help" or similar button or by calling the telephone number shown on the Website.
6.2.Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Restaurant in order to follow up on your query.
6.3.Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.
6.4.Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Restaurant, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process.
6.5.Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant directly to lodge your complaint and, where appropriate, follow the Restaurant's own complaint procedures. If you are unable to contact the Restaurant, or the Restaurant refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Restaurant in order to request compensation on your behalf. Please note that we have no control over Restaurants and the quality of the Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.
7.1.Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercialuse on the following basis:
7.1.1.You must not misuse the Website (including by hacking or "scraping").
7.1.2.Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
7.1.3.You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4.You must ensure that our status as the author of the material on the Website is always acknowledged.
7.1.5.You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
7.2.Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3.Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. SERVICE ACCESS
8.1.Website availability: While we try to ensure the Website is normally available twenty four
(24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
8.2.Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
8.3.Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9.VISITOR MATERIAL AND REVIEWS
9.1.2.You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2.Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
9.2.1.breaches any applicable local, national or international law;
9.2.2.is unlawful or fraudulent;
9.2.3.amounts to unauthorised advertising; or
9.2.4.contains viruses or any other harmful programs.
9.3.Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
9.3.1.contain any defamatory, obscene or offensive material;
9.3.2.promote violence or discrimination;
9.3.3.infringe the intellectual property rights of another person;
9.3.4.breach any legal duty owed to a third party (such as a duty of confidence);
9.3.5.promote illegal activity or invade another's privacy;
9.3.6.give the impression that they originate from us; or
9.3.7.be used to impersonate another person or to misrepresent your affiliation with another person.
9.4.Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non- exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
9.5.Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
9.6.Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Restaurant or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.7.Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER WEBSITES
10.1.Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
10.2.Linking permission: You may link to the Website's homepage (www.clickndeliver.com), provided that:
10.2.1.you do so in a fair and legal way which does not damage or take advantage of our reputation;
10.2.2.you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
10.2.3.any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
Website information: While we try to ensure that inf