Terms & Conditions
Last updated 08 April 2021
IMPORTANT LEGAL NOTICE
Please read these Website Terms carefully before placing any order for goods, service and/or vouchers from our partner Merchants (defined below) (“Orders”) through the Website. By placing Orders through the Website (whether now or in the future), you agree to be bound by these Website Terms. Standard use of the Website (without placing Orders) is also subject to these Website Terms.
Our Website is made available to customers free of charge. We do not guarantee that any of our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability on all or part of our Website for business and operational reasons.
TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1.Company details: Innovate Energy Solutions Ltd. is a company registered in England and Wales with registered company number 10731302, whose registered office is at Thomas House, 84 Eccleston Square, London, UK, SW1V 1PX.
1.2.VAT number: Our VAT number is GB285285665.
1.3.Product Orders: We provide a way for you to communicate your Orders for goods, products, services (including takeaways) and/or vouchers ("Products") for consumption at, collection from or delivery by restaurants, bars, clubs, cafes, hotels and entertainment venues ("Merchants") displayed on the Website.
The legal contract for the supply and purchase of Products is between you and the Merchant that you place your Order with and we will conclude the sale of Products on behalf of, and agent for, the Merchants in all cases.
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 with the Merchant; and
3.1.2.You are at least 18 years old.
3.2.You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Merchant directly to check that the food is suitable for you, before placing your Order directly with them.
3.3.Alcohol, cigarettes and other smoking products:
3.3.1.You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol, or for any person to buy, or attempt to buy, alcohol, tobacco or other smoking products on behalf of any person who is under the age of 18;
3.3.2.If your Order includes any alcohol, cigarettes or other smoking products, you may be asked to provide proof of your age on collection or service of your Order or when you exchange your Voucher.
3.4.Refusal of service
3.4.1.You acknowledge and agree that an Order you have placed for a Product or Voucher through the Website may not be served and you will be not entitled to a refund if:
220.127.116.11.You fail to adhere to a reasonable request from a Merchant which is aimed at promoting or adhering to their licensing objectives, including promoting any internal or venue-specific policies/procedures.
18.104.22.168.You are refused alcohol by a Merchant because you are intoxicated or they believe you are purchasing it on behalf of someone who is intoxicated.
22.214.171.124.You are unable to provide proof that you are aged 18 or over to the satisfaction of your Merchant, or if the Merchant reasonably believes that the alcohol, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone 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 or Vouchers you wish to order from the menu of your chosen Merchant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", “confirm”, "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 you will be entering into a contract with the Merchant and errors cannot be corrected (subject to paragraph 4.2. below).
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 unless the merchant has rejected your Order and the terms of clause 4.4 apply.
4.3.Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Merchant.
4.4.Processing your Order and Merchant rejections: On receipt of your Order, we will send it to the relevant Merchant and will notify you that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and / or any Order confirmation that you receive, each confirms that you have a contract for the sale of Products with a Merchant but does not necessarily mean that your Order will be fulfilled by the Merchant. We encourage all our Merchants to accept all Orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if a Merchant rejects your Order. However, Merchants have the ability to reject Orders at any time because they are too busy or for any other reason. In doing so, Merchants will be in breach of their agreement with you and any payment made in respect of the Order will be returned to you in accordance with paragraph 5.6 below.
4.5.Serving of your Order: Estimated times for service, collections or delivery are provided by the Merchants and are estimates only. Time shall not be of the essence. Neither we nor the Merchants guarantee that Orders will be served or will be delivered or available for collection within the estimated times.
5. PRICE AND PAYMENT
5.1.VAT: Prices will be as quoted on the Website, including VAT. The VAT applicable to your Order will be shown separately on the Order page of the Website.
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, neither we nor the relevant Merchant 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 when you place your Order.
5.4.Card payments: You may be required to show the card to the Merchant at the time of service, collection or delivery or when you redeem a Voucher as proof of identification and so that they can check that the card corresponds 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 offers: A credit or discount may apply to your Order if you use a promotional offer or code recognised by the Website and endorsed by us, 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 Merchant 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 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 Merchant (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 Merchant 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.Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you should speak with the Merchant’s staff at the venue where you placed your Order. If the Merchant is unable to resolve your problem you can contact us via the website and one of our Customer care advisers will attempt to contact the Merchant in order to follow up on your query.
6.2.Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Merchant, 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.
6.3.Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Merchant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Merchant directly to lodge your complaint and, where appropriate, follow the Merchant's own complaint procedures. If the Merchant refuses to deal with your complaint, you can contact us via the Website as described above within 48 hours of placing your Order and one of our Customer care advisers will attempt to contact the Merchant in order to request compensation on your behalf. Please note, however, that the legal contract for the supply and purchase of Products is between you and the Merchant that you place your Order with. We have no control over Merchants and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Merchant.
7.2.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 this clause 7 is prohibited.
7.3.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.
7.4.You must ensure that our status as the author of the material on the Website is always acknowledged.
7.5.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.
7.6.Limitation on use: Except as stated in this clause 7, 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.
7.7.Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. WEBSITE 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.
8.4.Account details: If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via the Website immediately.
8.5.Viruses: We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website shall cease immediately.
9. VISITOR MATERIAL AND REVIEWS
9.3.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.
9.4.Images: Any images of food, beverages or other items displayed on the Website are provided as a design feature of the Website only and may not be either (a) an image of food prepared or produced by the Merchant from which you choose to order; or (b) representative of the food you receive from a Merchant.
9.5.Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Merchant 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.
9.6.Disclosure to authorities and courts: You acknowledge that we will fully cooperate 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 this clause 9 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.servedup.co), 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 clause 9);
10.2.4.we have the right to withdraw linking permission at any time and for any reason.
11.1.Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
11.2.Allergy, dietary and other menu information: When a Merchant signs up with us, they have to provide us with up-to-date menu information. We then include this on their dedicated page on the Website. Where this information includes allergy or other dietary information, we will do our best to republish this information on the Website exactly as it appears on the Merchant's menu.
If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always ask the Merchant directly before placing your Order. Please do not only use the "notes" box for your food allergies or intolerances, please contact the Merchant directly.
11.3.Merchant actions and omissions: The legal contract for the supply and purchase of Products is between you and the Merchant that you place your Order with. We have no control over the actions or omissions of any Merchants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
11.3.1.We do not give any undertaking that the Products, or products exchanged for Vouchers, ordered from any Merchant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.3.2.Estimated times for service, collections and delivery are provided by the Merchants and are only estimates. Neither we nor the Merchants guarantee that Orders will be served or will be available for collection or delivery within the estimated times.
11.3.3.We encourage all our Merchants to accept all Orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if a Merchant rejects your Order. However, we do not guarantee that Merchants will accept and fulfil all Orders, and Merchants have the discretion to reject Orders at any time because they are too busy, if you fail to provide proof of age for purchases of alcohol, cigarettes or other smoking products when required, or for any other reason.
11.3.4.The foregoing disclaimers do not affect your statutory rights against any Merchant.
11.4.Exclusion of terms: We provide you with access to and use of the Website 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 your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, 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, 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 Website (including the use, inability to use or the results of use of the Website) for:
12.2.1.any loss of profits, sales, business, or revenue;
12.2.2.loss or corruption of data, information or software;
12.2.3.loss of business opportunity;
12.2.4.loss of anticipated savings;
12.2.5.loss of goodwill; or
12.2.6.any indirect or consequential loss.
12.3.Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, 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: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1you have used the Website in breach of clause 7;
13.1.2.you have posted Reviews or other Visitor Material in breach of clause 9;
13.1.3.you have breached clause 10.2; or
13.2.4.you have breached any other material terms of these Website Terms.
13.2.Obligations upon termination: Upon termination or suspension you must 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 agree to this electronic means of communication and you acknowledge 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.
15. EVENTS OUTSIDE OUR CONTROL
15.1.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
15.2.A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1.strikes, lock-outs or other industrial action;
15.2.2.civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, (whether declared or not) or threat or preparation for war;
15.2.3.fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
15.2.4.impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5.impossibility of the use of public or private telecommunications networks; and
15.2.6.the acts, decrees, legislation, regulations or restrictions of any government.
15.3.Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
16. ADDITIONAL TERMS
16.3.Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.4.Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.5.No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
16.6.Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
16.7.Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
17. GOVERNING LAW AND JURISDICTION
17.1.These Website Terms shall be governed by and construed in accordance with English and Welsh law. Disputes or claims arising in connection with these Website Terms (including non- contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.