(1) Introduction
These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with any part of these terms of use, do not use our website.
These terms of use also contain provisions relating to orders for the supply of meals made via our website. When you register with the website – whether as a customer or a restaurant – and when you make an order via the website we will ask you to expressly agree to these terms of use.
(2) Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence in Clause 3 below, all these intellectual property rights are reserved.
You grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to copy, store, host, transit, send or distribute, and to publish on the website all material that you submit to, publish on, or request that we publish on the website. You grant to us the right to sub-license any or all of these rights. You also grant to us the right, under Section 101A of the Copyright, Designs and Patents Act 1988, to bring an action for infringement of any or all of these rights.
(3) Licence to use website
You may view, download for caching purposes only, and print pages from the website for your own use, subject to the restrictions below.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or otherwise sub-license material on the website;
(c) edit or otherwise modify any material on the website (save that registered restaurants may edit their listings using the “My Account” pages on the website); or
(d) redistribute material from this website (save for our newsletter, which may only be redistributed within your business).
(4) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or any of the areas of, or services on, the website.
You must not use our website:
(a) in any way which is unlawful, illegal, fraudulent or harmful; or
(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to store, host, copy, distribute, display, publish, transmit or send material which is illegal or unlawful, or which will or may infringe a third party's legal rights, or which could give rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website.
You must not use our website-based ordering system to to make any false or hoax orders.
(5) Restricted access
Access to certain areas of our website is restricted.
We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password in our sole discretion.
(6) Our Services
We act as an intermediary between customers and restaurants.
Where an order is placed via our website, we are not a party to the order itself, are not responsible for the rights and obligations of customers and restaurants in relation to that order, and you agree not to hold us liable or to seek to hold us liable in relation to the order.
If you have any question or complaint concerning any customer or restaurant contacted via the website, you should direct that question or complaint to the customer or restaurant concerned.
(7) Prices
Prices are as quoted on our website during the order process.
Where delivery charges are payable, they will be specified on the website and added to the total price. If you do not or are unable to take delivery of a meal, we (or, where you have opted to pay on delivery, the relevant restaurant) will nonetheless be entitled to charge you the full price of the order.
All prices quoted on the website are inclusive of any VAT.
(8) Terms for customers
Before ordering any meals from our website, you must become a registered user. You can register with the website by clicking “user sign up”, completing the HTML form provided, and clicking on the account activation link in the email we will send you.
Once you are registered and have logged in to the website, you can submit an order to a restaurant via our website by completing the following steps: (i) review the relevant restaurant's menu and add the items you would like to purchase to your order (by clicking the “add” buttons) and click “proceed”; (ii) check whether you have made any input error during the order process (and if you have, correct them using the website interface; (iii) once you are happy that the order is correct, click “proceed” again; and (iv) select whether to pay online or on delivery (as available) (at which point your order will become binding).
If you have selected to pay online, you will be asked to insert your payment details, which will be sent directly to Paypal for processing.
We will send you an email acknowledgement of your order promptly following its receipt.
If you are a customer, you warrant that:
(a) you are legally able to enter into contractual relations; and
(b) you will not purchase or attempt to purchase any alcoholic drinks from a restaurant unless you are at least 18 years of age.
(9) Cancellation policy
Subject to Clause 11 below, you acknowledge that once an order has been submitted, you will have no right to cancel the order (the cancellation right which may be available to consumers under the Distance Selling Regulations does not apply to contracts for the supply of prepared meals).
Restaurants may cancel orders if: (i) the restaurant is unable to deliver the meal by virtue of a shortage of ingredients, kitchen capacity or delivery capacity; and (ii) the restaurant makes all reasonable efforts to notify the customer of the cancellation of the order on these grounds within 10 minutes of the time of receipt of the order at the restaurant.
(10) Delivery policy
Meal deliveries will be made to the address you specify during the order process.
If you are a customer, you warrant that:
(a) your delivery address submitted to our website and/or the any restaurant is correct and reasonably locatable; and
(b) you will be able and available to receive and pay for deliveries of meals ordered via our website.
(11) Returns and refunds policy
If your meal delivered or received is incomplete, incorrect, of poor quality or otherwise unsatisfactory, you should contact the restaurant concerned immediately and directly. The restaurant concerned will be responsible for providing a replacement meal or issuing a refund to you in appropriate circumstances.
You will not hold us liable in respect of any of these matters.
(12) Terms for restaurants
You may register as a restaurant with our website by clicking “owner sign up”, completing the HTML form provided, and clicking on the account activation link in the email we will send you. Alternatively, where we agree, you may register as a restaurant by providing us with all the information we request (which we will then add to the website database). In either case, we will ask you to expressly agree to these terms of use.
Registered restaurants will have access to “My Account” pages enabling them to complete and update listings on the website.
Restaurants must:
(a) ensure that their listings on our website accurately describe the kinds of cuisine they offer, their menu, their name, their address, their other contact details, the characteristics of meals, their opening hours and available delivery times, the forms of payment they accept and their prices and delivery charges;
(b) ensure that prices stated on our website are VAT-inclusive;
(c) keep their listing on our website (including without limitation menus) up-to-date, either using the “my account” interface on the website;
(d) deliver meals ordered in accordance with any agreed order, unless: (i) the restaurant is unable to deliver the meal by virtue of a shortage of ingredients, kitchen capacity or delivery capacity; and (ii) the restaurant makes all reasonable efforts to notify the customer of the cancellation of the order on these grounds within 10 minutes of the time of receipt of the order at the restaurant; and
(e) not sell or attempt to sell any alcoholic drinks to any customer who is or may be under 18 years of age.
We may from time to time agree to update a restaurant's website listing, but any such update service may be subject to a fee (to be agreed).
If a restaurant accepts “cash on delivery” orders made via our website, the restaurant must pay to us a fixed fee of £15.99 plus VAT per month (which amount we may vary from time to time in our sole discretion). This amount will be charged monthly in advance and must be paid by direct debit.
If a restaurant accepts “online payment” orders made via our website, the restaurant must pay to us 8.5% of the total (VAT- and delivery-inclusive) amount of such orders plus VAT if applicable (which percentage we may vary from time to time in our sole discretion). We will deduct this amount from online payments received by us in relation to restaurant orders, and will remit the balance to the restaurant on a monthly basis.
Restaurants warrant that they will only use customer information we provide for the purpose of contacting customers in relation to orders made by the customer and for the purposes of fulfilling orders made by the customer. Restaurants must delete/destroy such information within a reasonable time following the completion of a customer order.
We may provide to any restaurant a window sticker advertising our website. Where we provide a window sticker to a restaurant, the restaurant must display the window sticker in a reasonably prominent position in the restaurant, for so long as the restaurant is advertised on our website.
We may from time to time provide fax machines to restaurants. Where we do so, the following conditions will apply: (i) we will retain ownership of the fax machine; (ii) the restaurant will pay to us a deposit of £50.00; (iii) the restaurant will be responsible for maintaining the fax machine in proper environmental conditions and in good working order; (iv) the restaurant will return the fax machine to us in good working order (to the address given below) within 14 days of a request from us to return the fax machine; and (v) unless the restaurant fails to return the fax machine within that period or returns a fax machine that is not in good working order, we will retain the £50.00 deposit.
(13) Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
We do not warrant that meals offered on or ordered via the website will be available, that meals ordered via the website will conform with any description on the website, or that meals ordered via the website will be of satisfactory quality. Nor do we warrant that customers are bona fide or that they will receive or pay for meals delivered by restaurants.
We warrant to registered restaurants that we will provide the paid-for website services with reasonable care and skill.
Subject to this, and to the maximum extent permitted by applicable law we exclude all representations, warranties and conditions.
(14) Indemnity
You will indemnify us and keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
(15) General limitations of liability
Nothing in these terms of use shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, and to the extent that the information on this website is provided free-of-charge, you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website, and we hereby exclude all such liability.
In addition, and subject to the first paragraph of this Clause 15, we will not be liable for any consequential, special or indirect loss or damage arising under these terms of use or in connection with our website, whether arising in tort, contract, or otherwise; nor will we be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms of use or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise; nor will we be liable for any loss or damage arising out of any event or series of events beyond our reasonable control.
(16) Breaches of these terms
Without prejudice to our other rights under these terms of use, if you breach these terms in any way, or if we reasonably suspect that you have breached any of these terms in any way, we may:
(a) delete or edit any of your listings;
(b) send you one or more formal warnings;
(c) temporarily suspend your account and/or your access to the website;
(d) delete your account with the website and/or permanently prohibit you from using the website;
(e) block computers using your IP address from accessing the website;
(f) contact your internet services provider and request that they block your access to the website; and/or
(g) bring court proceeding against you for breach of contract or otherwise.
Where we suspend or prohibit your access to the website or a part of the website, you must not take any action to circumvent such suspension or prohibition (including without limitation using a different account).
(17) Variation
We may revise these terms of use from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(18) Filing
We will not file a copy of these terms of use specifically in relation to you, and they may not be accessible on our website in future. You should therefore print a copy of these terms of use for future reference.
(19) Entire agreement
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(20) Law, jurisdiction and language
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use shall be subject to the exclusive jurisdiction of the courts of England.
These terms of use are provided in the English language only.
The full name of our company is Webnosh Limited.
Our company is registered in England and Wales.
Our registration number is 06496073 and our registered office is at 15-19 Cavendish Place, London W1M 0DD.
Our email address is info@webnosh.com.
Our VAT number is 932 6761 11