YESTAKEAWAY WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions ("Website Terms") on which we, EATIN TAKEAWAY Ltd. ("we" or "YESTAKEAWAY"), provide our services through our website https://www.yestakeaway.com and YESTAKEAWAY mobile application through which you access our website or services. Please read these Website Terms carefully before ordering any food products as your purchase offered on our 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.
I. TERMS AND CONDITIONS OF USE AND SALE
1. COMPANY DETAILS AND SERVICE
1.1. Company details: EATIN TAKEAWAY Ltd. is a company registered in England and Wales with registered company number 10340650, whose registered office is at Blades Enterprise Centre, John Street, Sheffield, S2 4SW.
1.2. Service: We provide a way for you to communicate your orders ("Orders") for food items ("Products") from restaurants ("Restaurants") for delivery or takeaway displayed on the Website (the "Service").
2 TERMS AND ACCESS TO WEBSITE
2.1. Access to the Website: You may access user area of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone. You may even order online as a guest without having to register on our website.
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. AGE & RELATED RESTRICTIONS
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 SELECT RESTAURANT AND ORDER FOOD ONLINE AND HOW IT IS PROCESSED
4.1. Selecting your Restaurant: You will be prompted to enter your post-code or city name and you will be provided with a list of restaurants and you may choose nearest to where you live or work.
4.2. Selecting your Order: Once you have selected the Restaurant, then you may proceed to choose the food from the menu and provide the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "check out", "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. In some situations, you may choose to contact the Restaurant on a personal basis and correct the mistakes made while ordering food. In this case, the Restaurant reserves the right to allow the changes to be made to your order.
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 still wish to change or cancel your Order, you have to contact the Restaurant in your personal capacity in order to communicate your change/amend or cancel requests. However, if the Restaurant has already started preparing your order and changed the status of the order from ‘Pending’ to ‘In Preparation’ or similar and the food has been used to start cooking your food then the Restaurant reserves the right to not allow changes or cancellation of 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 valid reason. The Restaurants also reserve the right to amend the delivery or pick-up time of the order depending on how busy they are. Any change in your order shall be communicated to you.
4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Restaurants work very hard to achieve the delivery times while accepting the orders online. 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. Delivery Cost & VAT: The prices quoted on the website are exclusive of VAT. Restaurants registered on our website sets their own delivery charges. If you opt that your food should be delivered to you, then the delivery charge may be applied to your final bill and any online payment administration charge imposed by the Restaurant or by us (if you pay for your Order online). These will be added to the total amount due where applicable.
5.2. Incorrect price: Due to volume & variety of different menus uploaded on our website it is possible that some of the menus may include incorrect prices due to human error. If the correct price for an Order is higher than the price stated on the Website, either we or the Restaurant in-charge 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. In case you’re charged more, we or the restaurant owner will make every effort to compensate you in respect of incorrect higher pricing.
5.3. Method of Payment: 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. Payments made by Cards: For payments made by credit or debit card, the Restaurant may require you to show the payment card to the Restaurant at the time of delivery or pick-up as proof of identification and also to verify that the name on the card matches with that on the receipt. 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. Promotional Coupon Codes: A discount may apply to your Order if you use a promotional coupon code as listed & authorised by the Restaurant on our website. The coupon codes are subject to Coupon Code Terms & Conditions. 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 authorised payment for an Order using credit or debit card, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Restaurant or cancelled for any other reason. The refund to your bank account depends on your bank or card issuer. This is normally 3 to 5 working days but could be longer. You acknowledge and agree that neither us nor the concerned Restaurant will be 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. We are committed to providing excellent customer care to the users of our website. The customer care team will make every reasonable effort to try and assist you with any problems with your Order. You can contact us by clicking on the Contact Us button at the bottom of the main page of the website or by calling the telephone number as shown on the Contact Us form. We’ll endeavour to try to respond to your request at the earliest possible.
6.2. Order Enquiries: We encourage you to contact the Restaurant directly if your Order is taking longer than expected or you have any other problems with your Order. Please make sure you supply your order number so that the Restaurant Owner or in-charge at that time can provide satisfactory response. In case the restaurant owner or in-charge is not able to resolve your concerns please 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. We cannot promise to resolve your enquiry immediately or on the same day as we may not be able to reach the Restaurant as they may be busy. However we will try to provide a satisfactory response within reasonable timeframe.
6.3. Order Amendments/Cancellation: Amending or cancellation of your order after it has been submitted online and payment has been authorised, your first point of contact should be the Restaurant. However if the Restaurant has already changed the status of your order to ‘In Preparation’ or similar and food has been used to cook your order, the Restaurant reserves right to not allow any changes to your order. In case you’re not satisfied with the response from the Restaurant you may contact our Customer Care team as described above and they will attempt to contact the Restaurant in order to communicate your requests. We promise you that we’ll make all reasonable efforts to accommodate your change or cancellation requests, however in these situations the Restaurant’s decision will be final. This does not limit your statutory rights.
6.4. Complaints procedure: You may decide to leave a review when you are not satisfied with the service received from a Restaurant. However, when a Restaurant receives a negative review, it is our duty to find out the reason what led to a less than satisfactory review. As reviews form an opinion about the quality of food and service offered by the Restaurant, negative reviews can drastically reduce the business for our partner Restaurants. So negative reviews will not be instantaneously published instead a fair chance will be given to the Restaurant to correct the mistake made, if any. Restaurants in their own capacity may apologise to you or may offer you a discount on your next order as a goodwill gesture. The acceptance of such an offer is at your sole discretion.
6.5. Refunds: We encourage you to contact the Restaurant directly to seek any refunds, in part or in full, in case of less than satisfactory service or food quality served. If applicable follow the Restaurant's own complaint procedures. If the Restaurant refuses to deal with your complaint, you can contact our Customer Care Team as described above within 24 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 the Restaurants are independent businesses and we are not liable under any circumstance whatsoever to provide compensation to you on behalf of the Restaurant.
You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
a) Misuse is not allowed of any data posted on the website this includes any pictures or content (including by hacking or "scraping").
b) The copyright and other intellectual property rights in the Website and in material published on it are owned by us. 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 your own personal and non-commercial use is strictly prohibited.
c) You agree not to use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text without permission from us.
d) You agree that 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.
e) We reserve any rights not expressed in these Website Terms.
8. SERVICE ACCESS
a) While we try to ensure the Website is normally available twenty four (24) hours a day, but we will not be liable to you if the Website is unavailable at any time or for any period.
b)We reserve the right to suspend your access to the Website should we discover your account has been misused to either impersonate someone else or for some other reason not stated here.
c)Whilst we encrypt your information and store in our secured databases. 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. 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 harmful material or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
While we try to ensure that information on the Website is correct, we make no assumption that it is completely accurate. We constantly make changes to the material on the Website to improve service, speed and correct any incorrect pricing (if any). This may be done at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering.
The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over the actions or discrepancies of any Restaurants. We cannot be held liable under any circumstance whatsoever that the food ordered from any Restaurant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
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 or delivered within the estimated times.
We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly. However, we do not guarantee that Restaurants will accept all Orders, and Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
The foregoing disclaimers do not affect your statutory rights against any Restaurant.
11. Restaurant Partners Service Agreement
Payment processing services for [Restaurants Partners] on [Yestakeaway.com] are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a [Restaurant Partner] on [Yestakeaway], you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of [Yestakeaway] enabling payment processing services through Stripe, you agree to provide [Yestakeaway] accurate and complete information about you and your business, and you authorize [Yestakeaway] to share it and transaction information related to your use of the payment processing services provided by Stripe.
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.
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:
a) any loss of profits, sales, business, or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill; or any indirect or consequential loss.
Limitation of liability: Subject to clauses above, 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.
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.
SITUATIONS & EVENTS OUTSIDE OUR CONTROL
a) 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").
b) 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:
c) strikes, lock-outs or other industrial action;
d) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
e) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
f) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
g) impossibility of the use of public or private telecommunications networks; and
h) the acts, decrees, legislation, regulations or restrictions of any government.
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.
GOVERNING LAW AND JURISDICTION
Our Website Terms shall be governed by and construed in accordance with English 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 English courts.
YESTAKEAWAY COUPON CODE TERMS & CONDITIONS
1. The following general terms and conditions will apply to all vouchers issued by YESTAKEAWAY from time to time for use on the Website, promotional coupon codes or discount vouchers.
2. The Coupon Codes or the Vouchers may only be redeemed towards online Orders from Restaurants made through our Website.
3. Discount Vouchers must be used by the deadline specified on the offers section and by entering the relevant coupon code and will expire after such date.
4. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
5. Unless otherwise provided or specified in the Specific Voucher Terms:
5.1 Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;
5.2 Voucher or Coupon Code will be valid and available to use online till the date set by the Restaurant and may be used only once per order;
5.3 Only one Voucher or Coupon Code may be used when ordering online food in one transaction;
5.4. If due to a website error or for any other reason, the user is able to avail multiple discounts by using different coupon codes to get discount that was not originally intended for either by us or by the Restaurant, we reserve the right to cancel that order or inform the customer multiple discounts are not allowed in one order. And the order price will be subsequently changed and the customer will be requested to pay any outstanding balance.
5.5 Vouchers or Coupon codes may not be exchanged for cash.
15. We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason.
16. We reserve the right, at any time and in its sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.
17. All standard terms and conditions from time to time for use of the Website and the Service apply.