Terms & Conditions

IMPORTANT LEGAL NOTICE

This page sets out the terms and conditions ("Website Terms") on which we, FoodX ("we", "us" or "FoodX"), provide our services through restaurant-specific websites powered by FoodX, together with any FoodX mobile website, application or other service through which you access our services (together, the "Website").

A restaurant-specific website powered by FoodX may operate under that Restaurant's own domain name, branding and identity. Each such website enables customers to place Orders only with the Restaurant identified on that Website.

FoodX provides the technology and platform infrastructure behind these Restaurant Websites, including account functionality, online ordering and related services.

Please read these Website Terms carefully before ordering any Products through the Website. Your purchase of Products offered through the Website is subject to these Website Terms.

By accessing the Website, creating an account or placing an Order, you agree to be bound by these Website Terms.

We may amend these Website Terms from time to time. The version in force when you place an Order will apply to that Order. You should therefore review these Website Terms periodically and may wish to save or print a copy for future reference.

These Website Terms are available in the English language.

Use of personal information submitted through the Website is governed by our Privacy Policy. Use of cookies and similar technologies is governed by our Cookies Policy.

For the avoidance of doubt, references to the "Website" include any current or future version of a Restaurant Website powered by FoodX, whether accessed through a Restaurant's own domain name, mobile website, FoodX application or another supported device or platform.

If you do not accept these Website Terms, you should not use the Website or place an Order through it.

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I. TERMS AND CONDITIONS OF USE AND SALE

1. OUR ROLE

1.1 FoodX Service

FoodX provides technology and online ordering services which enable you to communicate your orders ("Orders") for food, drink and other products ("Products") to the takeaway, restaurant, café or other food business identified on the relevant Website (the "Restaurant").

Each Restaurant Website is specific to the Restaurant identified on that Website. FoodX does not operate the Website as a general marketplace from which you can order from multiple Restaurants at the same time.

1.2 Contract With the Restaurant

Unless expressly stated otherwise, the legal contract for the preparation, sale and supply of Products is between you and the Restaurant with which you place your Order.

FoodX provides the technology through which the Order is communicated and may provide related account, payment and support services.

FoodX does not prepare the food or other Products supplied by the Restaurant.

1.3 Payments

Where you choose to pay online, your payment will be processed securely by Stripe on behalf of the Restaurant.

Online payments for Products are processed directly through the Restaurant's connected Stripe account. FoodX does not receive, hold or control the customer payment made to the Restaurant for the Products ordered.

The Restaurant is the seller and supplier of the Products and is responsible for the payment received in connection with those Products, including any refunds, disputes or chargebacks relating to the Order, subject to the applicable Stripe arrangements and consumer law.

FoodX provides the technical integration that enables the Restaurant to accept online payments through its Website but does not itself act as the seller of the Products.

Where cash payment is available, payment is made directly to the Restaurant.

Any separate FoodX service charge shown at checkout is a charge for the FoodX service and is separate from the payment made to the Restaurant for the Products, as explained in section 1.4.

1.4 FoodX Service Charge

FoodX may charge the customer a separate service charge for use of the FoodX ordering service.

Where applicable, the service charge and the total amount payable will be clearly displayed before the Order is submitted.

The FoodX service charge is separate from the Restaurant's charge for the Products.

2. WEBSITE ACCESS AND TERMS

2.1 Website Access

You may access certain areas of the Website without placing an Order or registering an account.

Certain features, including access to saved customer information and Order history, may require you to sign in to a FoodX account.

2.2 Acceptance of Terms

By accessing or using the Website, you agree to comply with these Website Terms.

If you do not agree to these Website Terms, you should stop using the Website.

2.3 Revision of Terms

FoodX may revise these Website Terms from time to time.

The version displayed when an Order is placed will normally apply to that Order.

Material changes affecting registered customers may also be communicated electronically where appropriate.

2.4 Responsibility for Access

You are responsible for making any arrangements necessary to access the Website and for ensuring that anyone accessing the Website using your account is aware of these Website Terms.

2.5 FoodX Account

An account created through a Restaurant Website powered by FoodX is a FoodX account.

Your account is not technically limited to the Restaurant Website through which you originally registered.

Where supported, the same FoodX account may be used to sign in to other Restaurant Websites powered by FoodX without creating a separate account for each Restaurant.

This does not combine the Restaurants into one marketplace. Each Restaurant Website remains specific to the Restaurant identified on that Website.

3. YOUR STATUS

3.1 Capacity

By placing an Order through the Website, you confirm that you are legally capable of entering into the relevant contract.

Where applicable, you must meet any minimum age requirement applying to the relevant Products.

3.2 Age-Restricted Products

You acknowledge that certain Products, including alcohol, tobacco or other age-restricted Products, may only legally be sold to persons who meet the applicable minimum age requirement.

Orders containing age-restricted Products must not be placed by or on behalf of a person who is not legally entitled to purchase those Products.

3.3 Proof of Age

The Restaurant or delivery person may require acceptable proof of age before supplying an age-restricted Product.

Where legally required proof of age cannot be provided, the relevant Product may be withheld.

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

4.1 Compiling and Submitting Your Order

Once you have selected the Products you wish to order and provided the required information, you will be given an opportunity to review the Order before submitting it.

You are responsible for checking:

• the Products selected;
• quantities;
• delivery or collection selection;
• delivery address where applicable;
• contact information;
• applicable discounts; and
• the total amount payable.

You should correct any errors before submitting the Order.

By submitting an Order, you are making an offer to purchase the Products from the Restaurant.

4.2 Changing or Cancelling an Order

Restaurants may begin preparing Products shortly after an Order is submitted or accepted.

You should therefore contact the Restaurant as soon as possible if you wish to change or cancel an Order.

The Restaurant may be unable to accept a cancellation or alteration once preparation has begun.

Nothing in these Website Terms affects any statutory rights you may have where Products are defective, not supplied, materially different from what was ordered or where you otherwise have a legal right to a remedy.

4.3 Payment Authorisation

Where online payment is required, the payment must be successfully authorised before the Order can be processed.

If payment cannot be authorised, the Order may not be transmitted to or accepted by the Restaurant.

4.4 Processing and Restaurant Acceptance

After you submit your Order, FoodX will transmit the relevant information to the Restaurant.

You may receive an electronic acknowledgement confirming that the Order has been received or is being processed.

An automated acknowledgement does not necessarily mean that the Restaurant has accepted your Order.

The Restaurant may reject an Order where it cannot reasonably fulfil it, including because of:

• Product availability;
• operational capacity;
• delivery restrictions;
• incorrect information;
• payment problems;
• suspected fraud;
• technical problems; or
• other reasonable operational circumstances.

Where an Order is rejected, you will normally be informed electronically.

4.5 Delivery and Collection Times

Any delivery or collection times shown on the Website are estimates.

Restaurants will make reasonable efforts to meet estimated times but exact times cannot be guaranteed.

Circumstances including traffic, weather, customer demand, staffing, distance and other operational factors may affect fulfilment times.

5. PRICE AND PAYMENT

5.1 Prices and Charges

Prices displayed on the Website include VAT where VAT is applicable unless otherwise stated.

Additional charges may apply, including:

• delivery charges;
• FoodX service charges;
• bag charges;
• optional tips; and
• any other charges clearly displayed at checkout.

The total amount payable will be displayed before you submit the Order.

5.2 Incorrect Pricing

Restaurants are responsible for setting their Product prices.

If a clear pricing error is identified before an Order is accepted, FoodX or the Restaurant may contact you.

You may be offered the opportunity to proceed at the correct price or cancel the affected Product or Order.

Neither FoodX nor the Restaurant is required to honour an obvious pricing error where doing so would be unreasonable.

5.3 Payment Methods

Available payment methods will be displayed on the Website and may include:

• debit or credit card;
• digital payment methods;
• PayPal where available;
• cash; or
• other payment methods supported from time to time.

Available methods may differ between Restaurants.

5.4 Online Payment Processing

Card and other online payments may be processed by independent payment service providers.

FoodX may facilitate these payments as part of the FoodX service.

Your bank or payment provider may apply authorisations, security checks or temporary holds to funds.

FoodX is not responsible for processing times controlled by your bank or payment provider.

5.5 Discounts and Promotional Codes

Where a valid discount, promotional code or other offer applies, the relevant reduction will normally be displayed before the Order is submitted.

Promotions may be subject to additional conditions including:

• minimum spend;
• qualifying Products;
• excluded Products;
• collection or delivery restrictions;
• expiry dates;
• participating Restaurants; and
• limits on the number of uses.

5.6 Rejected or Cancelled Orders

Where an online-paid Order is rejected or cancelled and a refund is due, the appropriate refund will normally be returned to the original payment method.

Banks and payment providers control how quickly released or refunded funds appear in your account.

5.7 Promotional Offers

FoodX and Restaurants may amend, suspend or withdraw promotional offers at any time before an Order using the offer has been accepted.

Promotional discounts, voucher codes and offers cannot normally be exchanged for cash.

A promotion may have separate terms displayed alongside the offer.

5.8 FoodX Service Charge

A FoodX service charge may apply to an Order.

The amount of the service charge may change from time to time.

The current applicable service charge will be clearly displayed before you submit and pay for the Order.

6. CUSTOMER CARE

6.1 Questions About an Order

For questions directly relating to:

• food preparation;
• missing Products;
• incorrect Products;
• food quality;
• Restaurant delivery;
• collection; or
• the Restaurant's service,

you should normally contact the Restaurant directly using the contact information displayed on its Website.

6.2 Changing or Cancelling an Order

If you wish to change or cancel an Order, you should contact the Restaurant as soon as possible.

Changes and cancellations cannot be guaranteed once an Order has been submitted or preparation has started.

6.3 Complaints and Feedback

You may submit feedback or complaints to FoodX through the contact methods made available on the Website.

FoodX may use legitimate customer feedback for service monitoring, support and quality-improvement purposes.

6.4 Refunds and Compensation

Where the complaint concerns Products supplied by a Restaurant, the Restaurant is normally responsible for determining any appropriate refund or compensation.

Where FoodX processed the online payment, FoodX may facilitate a refund on behalf of the Restaurant.

Nothing in this section limits any statutory rights available to you.

7. LICENCE

7.1 Permitted Use

You may access and use the Website for your personal and lawful use.

You must not use the Website for fraudulent, unlawful or unauthorised purposes.

7.2 Restrictions

Unless expressly permitted, you must not:

• reproduce substantial parts of the Website;
• commercially exploit Website content;
• copy software or databases;
• use automated systems to extract Website data;
• interfere with the Website's operation or security; or
• use FoodX or Restaurant intellectual property without permission.

7.3 Reservation of Rights

All rights not expressly granted under these Website Terms are reserved by FoodX, the relevant Restaurant or the applicable rights owner.

8. SERVICE ACCESS

8.1 Website Availability

FoodX aims to make the Website available reliably but does not guarantee uninterrupted or error-free access.

8.2 Suspension of Access

FoodX may temporarily restrict or suspend access where reasonably necessary for:

• maintenance;
• system upgrades;
• security;
• technical problems;
• legal or regulatory requirements; or
• other operational reasons.

8.3 Internet Security

Although FoodX takes reasonable security precautions, transmission of information over the internet cannot be guaranteed to be completely secure.

You are responsible for protecting your own devices and account credentials.

9. VISITOR MATERIAL AND REVIEWS

9.1 User-Submitted Material

Where the Website allows you to submit reviews, feedback, photographs or other material ("Visitor Material"), you remain responsible for the material you submit.

9.2 Content Standards

Visitor Material must not:

• be unlawful;
• be knowingly false or misleading;
• be defamatory;
• threaten or harass another person;
• contain unlawful discriminatory or abusive content;
• infringe intellectual property rights;
• contain malicious software; or
• otherwise breach applicable law.

9.3 Reviews

Reviews should reflect genuine customer experience and should relate to the relevant Restaurant, Product or service.

FoodX may moderate or remove content that reasonably appears to breach these Website Terms.

9.4 Licence to Use Submitted Material

Where you submit Visitor Material for publication, you grant FoodX a non-exclusive, royalty-free licence to store, display and use that material for the operation, improvement and promotion of the FoodX service, subject to applicable data-protection law.

9.5 Disclosure

FoodX may disclose information relating to Visitor Material where required or permitted by law, including where necessary to investigate fraud, unlawful activity or infringement of another person's rights.

10. LINKS TO AND FROM OTHER WEBSITES

10.1 Third-Party Websites

The Website may contain links to websites or services operated by third parties.

FoodX does not control independent third-party websites and is not responsible for their content, availability, security or privacy practices.

10.2 Links to FoodX-Powered Websites

You may link to publicly accessible pages of a FoodX-powered Website provided that the link is lawful, fair and does not falsely imply an association, endorsement or relationship that does not exist.

FoodX may withdraw linking permission where reasonably necessary.

11. DISCLAIMERS

11.1 Website Information

FoodX takes reasonable care in operating the Website but information may occasionally contain errors or become temporarily out of date.

Where FoodX becomes aware of a material error, it may take reasonable steps to correct it.

11.2 Restaurant and Menu Information

Restaurant-specific information, including:

• menus;
• Product descriptions;
• prices;
• opening hours;
• delivery areas;
• Restaurant policies; and
• Product availability,

is provided or controlled by the relevant Restaurant.

The Restaurant is responsible for keeping this information accurate and current.

11.3 Restaurant Products and Services

FoodX does not prepare Restaurant food or otherwise control the Restaurant's day-to-day preparation of Products.

The Restaurant is responsible for the preparation and supply of the Products ordered from it.

11.4 Statutory Rights

Nothing in these Website Terms excludes or limits any warranty, condition, right or remedy which cannot lawfully be excluded or limited.

12. LIABILITY

12.1 Liability That Cannot Be Excluded

Nothing in these Website Terms excludes or limits liability where it would be unlawful to do so, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any other liability which cannot legally be excluded.

12.2 FoodX Responsibility

FoodX is responsible for foreseeable loss or damage caused by FoodX's breach of these Website Terms or failure to exercise reasonable care and skill in providing the FoodX service.

12.3 Restaurant Responsibility

Because the Restaurant is responsible for preparing and supplying the Products, the Restaurant is responsible for matters arising directly from its Products and Restaurant services, except to the extent that the relevant problem was caused by FoodX.

12.4 Unforeseeable Loss

FoodX is not responsible for loss or damage which was not reasonably foreseeable when the relevant contract or transaction was entered into.

12.5 Business Losses

The Website is intended primarily for personal consumer use.

To the extent permitted by law, FoodX is not responsible for business losses arising from personal consumer use of the Website, including loss of profit, revenue, anticipated savings or business opportunity.

12.6 Consumer Rights

Nothing in these Website Terms affects your statutory rights as a consumer.

13. TERMINATION

13.1 Suspension or Termination

FoodX may suspend, restrict or terminate access to an account or the Website where FoodX reasonably believes that:

• these Website Terms have been materially breached;
• the Website is being used fraudulently;
• unlawful activity has occurred;
• there is a security risk;
• the account is being misused; or
• suspension is otherwise reasonably necessary to protect FoodX, a Restaurant, another customer or a third party.

13.2 Existing Obligations

Suspension or termination does not automatically cancel rights or obligations arising from an Order already accepted.

13.3 Customer Account Closure

You may request closure of your FoodX account.

Certain information may continue to be retained where required for legal, accounting, fraud-prevention, dispute-resolution or regulatory purposes, as explained further in the Privacy Policy.

14. WRITTEN AND ELECTRONIC COMMUNICATIONS

14.1 Electronic Communications

When using the Website, communications with FoodX and Restaurants will primarily take place electronically.

This may include communications by:

• email;
• SMS;
• Website notifications;
• in-app notifications; or
• other electronic methods.

14.2 Service Communications

FoodX and/or the relevant Restaurant may send communications that are reasonably necessary to operate the service, including:

• Order confirmations;
• payment information;
• delivery or collection information;
• account verification;
• password resets;
• security alerts;
• customer-service communications; and
• important service or account information.

These service communications are separate from marketing communications.

15. EVENTS OUTSIDE OUR CONTROL

15.1 Events Outside Reasonable Control

Neither FoodX nor the relevant Restaurant will be responsible for failure or delay caused by circumstances outside its reasonable control.

15.2 Examples

Such circumstances may include:

• severe weather;
• floods;
• fires;
• natural disasters;
• major road closures;
• strikes;
• civil emergencies;
• war;
• government action;
• widespread power failures;
• telecommunications failures;
• banking or payment-network outages; or
• significant third-party system failures.

15.3 Effect

Obligations affected by such circumstances may be suspended for the duration of the relevant event.

Nothing in this section removes a customer's right to a refund or other remedy where one is required by law.

16. ADDITIONAL TERMS

16.1 Privacy Policy

The collection and use of personal information through the Website is governed by the FoodX Privacy Policy.

16.2 Cookies Policy

Use of cookies and similar technologies is governed by the FoodX Cookies Policy.

16.3 Severability

If any provision of these Website Terms is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary.

The remaining provisions will continue in full force.

16.4 Entire Agreement

These Website Terms, together with policies expressly referred to in them and any Restaurant-specific terms presented before an Order is submitted, constitute the relevant agreement concerning your use of the Website.

Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.

16.5 No Waiver

If FoodX does not immediately enforce a right or remedy under these Website Terms, this does not mean that FoodX has waived that right or remedy.

16.6 Assignment

You may not transfer your rights or obligations under these Website Terms without FoodX's prior consent.

FoodX may transfer its rights or obligations where doing so does not reduce the legal rights available to you.

16.7 Headings

Section and paragraph headings are provided for convenience only and do not affect interpretation of these Website Terms.

16.8 Email, SMS and Marketing Communications

FoodX may send you marketing communications by email, SMS or other electronic means where permitted by applicable law and in accordance with your marketing preferences.

Marketing communications may include:

• FoodX news and services;
• promotional offers;
• discount codes;
• new features;
• Restaurant promotions; and
• offers relating to Restaurants whose websites are powered by FoodX.

Where consent is legally required for electronic marketing, acceptance of these Website Terms alone does not constitute that consent.

FoodX may request marketing consent or provide marketing preference choices separately when you register, order or otherwise use the Website.

You may opt out of marketing communications at any time by:

• using an unsubscribe link contained in an email;
• using the relevant SMS opt-out method where available;
• changing available marketing preferences; or
• contacting FoodX.

Opting out of marketing does not prevent FoodX or a Restaurant from sending service communications that are reasonably necessary in connection with your FoodX account or Orders.

FoodX may retain sufficient information on a suppression or do-not-contact list to ensure that a marketing opt-out continues to be respected.

16.9 FoodX Account, Restaurant Websites and Platform Communications

When you create an account through a Restaurant Website powered by FoodX, you are creating a FoodX account.

Although you may initially register through the website of a particular Restaurant, your FoodX account is not limited to that Restaurant Website.

Where functionality is available, your FoodX account may be used to sign in to other Restaurant Websites powered by FoodX without requiring you to register a new account for each Restaurant.

For example, if you have previously created a FoodX account through one Restaurant Website and later visit another FoodX-powered Restaurant Website, you may be able to sign in using the same account.

Each Restaurant Website nevertheless remains separate for ordering purposes.

When you visit a particular Restaurant Website:

• the menu displayed relates to that Restaurant;
• the Order you place is with that Restaurant; and
• you cannot use that Restaurant Website to place an Order with another Restaurant.

When signed in, information associated with your FoodX account may be available across FoodX-powered Restaurant Websites where needed to provide the account service.

This may include information such as:

• your name;
• email address;
• telephone number;
• account details;
• saved delivery addresses; and
• relevant account preferences.

You may be able to add, remove or update delivery addresses so that your FoodX account can be used when ordering from Restaurant Websites in different locations.

The use of this information is governed by the FoodX Privacy Policy.

FoodX may send service communications relating to your FoodX account regardless of the Restaurant Website through which the account was originally created.

Subject to applicable marketing law and your marketing preferences, FoodX may also send marketing communications relating to FoodX and promotions or offers associated with Restaurants whose websites are powered by FoodX.

Receiving or using a FoodX account does not itself mean that you have ordered from every Restaurant referred to in a FoodX marketing communication.

17. GOVERNING LAW AND JURISDICTION

17.1 Governing Law

These Website Terms are governed by the laws of England and Wales.

If you are a consumer living elsewhere in the United Kingdom, you will continue to benefit from any mandatory consumer protections applicable to you which cannot legally be excluded by these Website Terms.

17.2 Jurisdiction

The courts of England and Wales will have jurisdiction in relation to disputes arising from these Website Terms, subject to any right you may have as a consumer under applicable law to bring proceedings in another part of the United Kingdom.