GEneral TERMS AND CONDITIONS
Last Updated 19 June, 2017
1. ABOUT US
1.1. Company details: HomeFood Delivered Limited ("we" or "us" or "HomeFood"), is incorporated and registered in the England and Wales, with registered office at 57 Greatorex St, London, E1 5NP, United Kingdom. Our Company registration number is 10727564.
1.2. VAT number: 277 5480 64
1.3. Service: We provide a way for you to communicate your orders ("Orders") for Meals to independent private caterers (our “HomeCooks”) displayed on our Services.
1.4 Purpose: The purpose of our Services is to provide a simple and convenient service to you, linking you to our HomeCooks and allowing you to order Meals from them. HomeFood markets Meals on behalf of our HomeCooks.
2. SITE ACCESS AND TERMS
2.1. Site access: You may access some areas of the Sites without making an Order or registering your details with us. Most areas of the Sites are open to everyone.
2.2. Acceptance of terms: By accessing any part of the Services, you indicate that you accept these Site Terms. If you do not accept these Site Terms, you should leave the Site immediately, and you will not be able to order any Meals through the Site. If you have any questions relating to these Site Terms please contact firstname.lastname@example.org before you place an Order. If you do not accept these terms and conditions in full, please do not use our Services.
2.3. Appstore Terms and Operating System Requirements. Your use of the Apps is also controlled by [the Apple Media Services Terms and Conditions]/[Android Appstore Terms and Conditions] for your applicable jurisdiction, available here: http://www.apple.com/legal/internet-services/itunes/ and here: https://play.google.com/intl/en_uk/about/play-terms.html
2.4. Revision of terms: We may revise these Site Terms at any time. You should check the Site regularly to review the current Site 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. We advise you to print a copy of these Site Terms for future reference. In addition, we may make the certain more significant changes to the Services and/or these Site Terms, but if we do so and these changes will materially or adverse your rights or use of the Services, we will notify you of such changes.
2.5 Which provisions of the Terms should you pay particular attention to? The key terms that you should consider in particular detail are:
HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
PRICE AND PAYMENT
CHANGES TO THE SERVICES AND THESE TERMS
OUR RESPONSIBILITY FOR LOSS OR DAMAGE
2.6. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Site Terms and that they comply with them.
3. YOUR STATUS
3.1. Capacity and age: By placing an Order through a Site, 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.
4.1 Account Creation. In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.
4.2 Accurate and up-to-date Information. All the registration information you submit must be truthful and accurate. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information to maintain its accuracy.
4.3 What to do if you want to delete your Account. You can delete your Account at any time, for any reason, by following the instructions on the Site. At this point, we should remind you that we also have certain rights to suspend or terminate your Account.
4.4 You are responsible for your Account. You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password). Accordingly, you are responsible for all activities that occur under your Account.
4.5 What to do if you become aware of, or suspect, unauthorised use of your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of security.
5. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
5.1. Compiling your Order: Once you have selected the Meals you wish to order from your chosen HomeCook and provided the other required information such as number of portions required and payment information, you will be given the opportunity to submit your Order by clicking or selecting the "Pay Now” 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.
5.2. 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 5 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact our Support team as described in paragraph 7.1 and they will attempt to contact the HomeCook in order to communicate your requests. However, there is no guarantee that we will be able to reach the HomeCook or that the HomeCook will agree to your requests as they may have already started processing your Order.
5.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant HomeCook.
5.4. Processing your Order and HomeCook rejections: On receipt of your Order, we will begin processing it by sending it to the relevant HomeCook. After the HomeCook has confirmed your Order, we will notify you by email that your Order has been accepted and the payment is being processed. Please note that any confirmation page that you may see on the Services 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 HomeCook. We encourage all our HomeCooks to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email or through the Site) as soon as reasonably practicable if a HomeCook rejects your Order. However, HomeCooks have the discretion to reject Orders at any time because they are too busy, or for any other reason. If the HomeCook has not responded to your Order within 3 days, the Order will automatically be rejected and the payment will not be processed.
5.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the HomeCooks and are only estimates. Neither we nor the HomeCooks guarantee that Orders will be delivered or will be available for collection within the estimated times.
6. PRICE AND PAYMENT
6.1. VAT and delivery costs: Prices will be as quoted on the Services. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection). These will be added to the total amount due where applicable.
6.2. Incorrect pricing: This Site contains a large number of Meals and it is possible that some of the Meals may include incorrect prices. If the correct price for an Order is higher than the price stated on the Site, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant HomeCook 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.
6.3. Payment methods: Payment for Orders must be made directly to the HomeCook by an accepted credit card, debit card or PayPal account through the Site.
6.4. Card payments: 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.
6.5. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit card, debit card or PayPal 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 HomeCook (as described in paragraph 5.4 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 HomeCook 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.
7. CUSTOMER SUPPORT
7.1. General: Customer support is extremely important to us. Subject to paragraphs 7.5 and 12, our Customer Support team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Support by sending an email to email@example.com
7.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Support team as described above and we will attempt to contact the HomeCook in order to follow up on your query.
7.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Support team as described above and they will attempt to contact the HomeCook in order to communicate your requests. However, there is no guarantee that we will be able to reach the HomeCook or that the HomeCook will agree to your requests as they may have already started processing your Order.
7.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Meals or the service provided by a HomeCook, please consider providing feedback in the form of ratings, comments and reviews on the Site (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process.
7.5. Compensation: If you are dissatisfied with the quality of any Meals or the service provided by a HomeCook and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the HomeCook directly to lodge your complaint and, where appropriate, follow the HomeCook’s own complaint procedures. If you are unable to contact the HomeCook, or the HomeCook refuses to deal with your complaint, you can contact our Customer Support team as described above within 48 hours of placing your Order and we will attempt to contact the HomeCook in order to request compensation on your behalf. Please note that we have no control over HomeCooks and the quality of the Meals or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any HomeCook.
8.1. Terms of permitted use: You are permitted to use the Site and print and download extracts from the Site for your own personal non-commercial use on the basis that the licence is:
non-transferable – you can’t pass this right to someone else;
non-exclusive – other people can access and use the Site;
revocable – we have the right to remove your ability to use the Site in accordance with these Terms; and
limited – the licence does not extend beyond what has just been described above.
8.2 Certain Restrictions. The rights granted to you in these Terms are subject to a number of important restrictions, particularly relating to how you access and use the Site, HomeFood’s property that is comprised in the Site and other users’ Visitor Material. In particular, you agree that your use of the Site is subject to the following restrictions:
8.2.1 You must not misuse the Site (including by hacking or "scraping").
8.2.2 Unless otherwise stated, the copyright and other intellectual property rights in the Site 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 Site Terms, any use of extracts from the Site other than in accordance with paragraph 7.1 is prohibited. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights, except for the limited access rights expressly set forth in their Site Terms. HomeFood and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.
8.2.3 You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 8.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
8.2.4 You must ensure that our status as the author of the material on the Site is always acknowledged.
8.2.5 You are not allowed to use any of the materials on the Site or the Site itself for commercial purposes without obtaining a licence from us to do so.
8.2.6 You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site.
8.2.7 You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, otherwise that as permitted by applicable law for interoperability purposes.
8.2.8 You shall not access the Site in order to build a similar or competitive website, product, or service.
8.2.9 Except as expressly stated in these Terms, you agree that no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
8.3. Limitation on use: Except as stated in paragraph 8.1, the Sites may not be used, and no parts of the Sites may be reproduced or stored in any other Site or included in any public or private electronic retrieval system or service, without our prior written permission.
8.4. Reservation of rights: Any rights not expressly granted in these Site Terms are reserved.
9. SERVICE ACCESS
9.1. Site availability: While we try to ensure the Site 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 Site is unavailable at any time or for any period. The Site is provided over the Internet and so the quality and availability of the Site may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Site or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Services, and for paying any data charges that may be charged to you by your network provider in connection with your use of the Services.
9.2. Suspension of access: Access to the Site may be suspended temporarily at any time and without notice.
9.3. 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 Site; any transmission is at your own risk.
9.4 No Support or Maintenance. Subject to customer support in relation to your Orders as described above/below, you acknowledge and agree that HomeFood will have no obligation to provide you with any support or maintenance in connection with the Site.
9.5 Ownership. Excluding any Visitor Material (this term is defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by HomeFood, HomeFood’s suppliers or, in the case of other users’ Visitor Material, other users of the Site. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 8. HomeFood and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.
10. VISITOR MATERIAL AND REVIEWS
10.1.2 You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 10.2 to 10.3 below.
10.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Site any Visitor Material (including any Reviews) that:
10.2.1 breaches any applicable local, national or international law;
10.2.2 is unlawful or fraudulent;
10.2.3 amounts to unauthorised advertising; or
10.2.4 contains viruses or any other harmful programs.
10.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Site must not:
10.3.1 contain any defamatory, obscene or offensive material;
10.3.2 promote violence or discrimination;
10.3.3 infringe the intellectual property rights of another person;
10.3.4 breach any legal duty owed to a third party (such as a duty of confidence);
10.3.5 promote illegal activity or invade another's privacy;
10.3.6 give the impression that they originate from us; or
10.3.7 be used to impersonate another person or to misrepresent your affiliation with another person.
10.5 The following terms constitute our “Acceptable Use Policy”:
10.5.1 Protection of our reputation and third party rights. You agree not to use the Site to collect, upload, transmit, display, or distribute any Visitor Material (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
10.5.2 Protection of our systems. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
10.6 Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Site that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
10.7 Use of Reviews: The Reviews and other Visitor Material contained on the Site 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 Site 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.
10.8 Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
11. LINKS TO AND FROM OTHER WEBSITES
11.1. Third party websites: Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. 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 Site, you do so entirely at your own risk.
11.2. Linking permission: You may link to the Site's homepage (homefood.uk), provided that:
11.2.1 you do so in a fair and legal way which does not damage or take advantage of our reputation;
11.2.2 you do not establish a link from a Site that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
11.2.3 any Site from which you link must comply with the content standards set out in these Site Terms (in particular paragraph 10 (Visitor Materials and Reviews));
11.2.4 we have the right to withdraw linking permission at any time and for any reason.
12.1. Site information: While we try to ensure that information on the Site is correct, we do not promise it is accurate or complete. We may make changes to the material on the Site, or to the Service, Meals and prices described on it, at any time without notice. [The material on the Site may be out of date, and we make no commitment to update that material.]
12.2. 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 ("Meal Information") from the Meals that are provided to us by HomeCooks. However, it is the HomeCooks that are responsible for providing this Meal 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 Meal Information, you should confirm with the HomeCook directly before ordering.
12.3. HomeCook actions and omissions: The legal contract for the supply and purchase of Meals is between you and the HomeCook that you place your Order with. We have no control over the actions or omissions of any HomeCooks. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Site:
12.3.1. We do not give any undertaking that the Meals ordered from any HomeCook through the Site will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
12.3.2. Estimated times for deliveries and collections are provided by the HomeCooks and are only estimates. Neither we nor the HomeCooks guarantee that Orders will be delivered or will be available for collection within the estimated times.
12.3.3. We encourage all our HomeCooks 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 HomeCook rejects your Order. However, we do not guarantee that HomeCooks will accept all Orders, and HomeCooks have the discretion to reject Orders at any time because they are too busy, or for any other reason.
12.3.4 The foregoing disclaimers do not affect your statutory rights against any HomeCook.
13. OUR LIABILITY TO YOU (BUSINESS USERS ONLY)
13.1 Exclusion of terms: We provide you with access to the Site and Service 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 Site and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Site or Service, or be otherwise implied or incorporated into these Site Terms, by statute, common law or otherwise ).
13.2. General: Nothing in these Site 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 Site Terms affects your statutory rights.
13.2. Exclusion of liability: Subject to clause 13.1, 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 Service or the Site (including the use, inability to use or the results of use of the Service or the Site) for:
13.2.1. any loss of profits, sales, business, or revenue;
13.2.2. loss or corruption of data, information or software;
13.2.3. loss of business opportunity;
13.2.4. loss of anticipated savings;
13.2.5. loss of goodwill; or
13.2.6. any indirect or consequential loss.
13.3. Limitation of liability: Subject to clauses 12, 13.2 and 13.3, our total liability to you in respect of all other losses arising under or in connection with the Services, 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.
13.4. 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 Site, 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.
13.5 HomeCooks Liability. Subject to clause 13.1, you acknowledge and agree that HomeFood shall not be liable for any losses arising out of or relating to the Meals and that any such liability is that of the HomeCooks.
14. OUR LIABILITY TO YOU (CONSUMER USERS ONLY)
14.1 General: Nothing in these Site 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 Site Terms affects your statutory rights.
14.2 The Site is not bespoke to you. You acknowledge that the Site has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Site meet your requirements.
14.3 We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms are entered into and both we and you knew it might happen.
14.4 We are not liable for business losses. We only make the Site available for your domestic and private use. If you use the Site for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.5 No liability for Visitor Material. We do not control Visitor Material, you acknowledge and agree that we are not responsible for any Visitor Material, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any Visitor Material.
14.6 No liability for user interactions. Your interactions with other Site users are solely between you and such users. We simply host the Site and do not control your interactions with other users, you agree that HomeFood will not be responsible for any loss or damage incurred as the result of any such interactions.
14.7 No liability for damage caused by unauthorised access. We will not be responsible for any loss or damage incurred as a result of unauthorised access to your Account which is not within our reasonable control, including where you fail to comply with Section 0.
14.8 Limitation of liability: Subject to clause 14.1, our total liability to you in respect of all other losses arising under or in connection with the Services, 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.
14.9 HomeCooks Liability. Subject to clause 14.1, you acknowledge and agree that HomeFood shall not be liable for any losses arising out of or relating to the Meals and that any such liability is that of the HomeCooks.
14.10 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 Site, 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.
15. TERM AND TERMINATION
15.1 Duration of Terms. Subject to this Section 15, these Site Terms will remain in full force and effect while you use the Site.
15.2 When we might suspend or terminate your Account or Site access. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.
15.3 Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Site and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
15.3.1. you have used the Site in breach of paragraph 8.1 (License);
15.3.2. you have posted Reviews or other Visitor Material in breach of paragraphs 10.2 or 10.3 (Visitor Material and Reviews);
15.3.3. you have breached paragraph 11.2 (Links to and from other websites); or
15.3.4. you have breached any other material terms of these Site Terms.
15.4 Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Site, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your Visitor Material associated with your Account from our live databases – for this reason, we recommend you back up your Visitor Material.
15.5 What terms will continue after these Terms have been terminated? Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 8.2-8.4, 10 to 19.
16. WRITTEN COMMUNICATIONS
16.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site or ordering Meals via the Site, 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 Site.
16.2 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.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Site Terms that is caused by events outside our reasonable control ("Force Majeure Event").
17.2 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:
17.2.1. strikes, lock-outs or other industrial action;
17.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4. traffic, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5. impossibility of the use of public or private telecommunications networks; and
17.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under these Site 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 Site Terms may be performed despite the Force Majeure Event.
18. ADDITIONAL TERMS
18.2 If a court finds part of these Terms illegal, the rest will continue in force: If any of these Site 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.
18.3 Entire agreement: If you are a HomeCook or business user, these Site 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.
18.4 Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.5. We may transfer these Terms to someone else.: You may not transfer any of your rights or obligations under these Site Terms without our prior written consent. We may transfer any of our rights or obligations under these Site 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.
18.6 Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
18.7. Headings: The headings in these Site Terms are included for convenience only and shall not affect their interpretation.
19. GOVERNING LAW AND JURISDICTION
19.1 Which laws apply to these Terms and where you may bring legal proceedings? These Terms are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Site Terms in England or in the EU country in which you live.
19.2 Copyright/Trademark Information. Copyright © 2017 HomeFood Delivered Limited. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
19.3 Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at firstname.lastname@example.org
20.1 HomeFood would like to offer a free meal for 4 people; 4 separate HomeFood main meals only via Facebook. The meals provided will be the cuisine which you entered for that specific competition.
20.1 HomeFood has the right to withdraw this competition at any time.
21. VOUCHER TERMS AND CONDITIONS
1. All discounts, vouchers or codes only apply to first orders for new customers of HomeFood unless otherwise stated.
2. New customers are only permitted to use one discount voucher or code when placing their first order only. Subsequent orders will then not be eligible for any new customer discounts, vouchers or codes.
3. A new customer is defined as someone who registers, makes a meal selection and enters the discount or voucher code specified on the advert, coupon or leaflet, at checkout during their order procedure.
4. A minimum spend may be applicable in order to validate and use any discount, voucher or code.
5. Unless otherwise stated, all discounts, vouchers or codes must be redeemed within one calendar month.
6. Only one discount, voucher or code can be redeemed per order and each discount, voucher or code can only be used once per person.
7. All promotional validity dates are specified on the adverts, coupons or leaflets, please refer to the summary terms on these pieces of artwork for exact and further information specific to that promotion and its promotional period.
8. Any discounts, vouchers or codes cannot be used in conjunction with any other HomeFood offer.
9. Discounts, vouchers or codes cannot be exchanged for cash or any other alternatives and have no monetary value.
10. Cancelled orders will invalidate the use of that code on an account. If this is a new customer discount or code, new customers will then not be eligible for any subsequent new customer discounts, vouchers or codes
11. All discounts, vouchers and codes can only be used on one order, any remaining credit from that discount, voucher or code cannot be carried forward to any additional or subsequent orders.
12. Discounts, vouchers or codes may be provided on a customer service basis
13. Any attempt to manipulate the system and use of discounts, vouchers or codes by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and use of that discount, voucher or code invalid and may potentially lead to that account being closed down.
14. If for any reason a discount, voucher or code becomes invalid due to technical failures or any other causes beyond the control of HomeFood, or a meal becomes unavailable, HomeFood reserves the right (subject to any written directions given under applicable law) to cancel, suspend or modify the campaign that is related to that discount, voucher or code and not re-issue any additional discounts, vouchers or codes to affected customers.
15. HomeFood reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid redemptions including, without limitation, to require further verification as to the identity, age, and other relevant details of a customer.
16. By redeeming the discount, voucher or code, customers agree to release HomeFood from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the campaign or with the acceptance or possession of any order (except death or personal injury caused by the Promoter’s negligence, for fraud, or otherwise as prohibited by law).
17. All meals are subject to availability.
18. Normal registration and HomeFood terms and conditions apply
22 REFERRAL PROGRAM TERMS AND CONDITIONS
1. Eligibility: This Promotion is open to selected HomeFood users aged 18 or over who have completed at least 1 HomeFood order.
2. To take part: Simply share your unique code with a friend or relative (aged 18 or over) who you think would benefit from the HomeFood service (referral). For every person that you have referred, who then goes on to place a HomeFood order using that unique code, you will receive an amount in HomeFood credits or same value in voucher codes as stated in the promotional materials. The friend or relative must not live at the same address as you OR have an existing HomeFood account.
3. Promotion Period: You will be able to submit referrals from December 2017 and the promotion will continue until revoked by us.
4. HomeFood vouchers and credits are subject to the usual order conditions and the above Voucher Terms and Conditions. Vouchers must be redeemed within three calendar months. There will be a processing time of up to ten days after the date of a successful referral before credits/vouchers will be applied to your account. Credits and vouchers have no cash value and are non-transferable.
5. There is a maximum of 50 of names that you can recommend, subject to the above criteria. We reserve the right to change the maximum number of referrals at any time.
6. Any attempt to manipulate the system and use of credits/vouchers by use of bulk entry via third parties or syndicates, macros, 'script', 'brute force', masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the credits/vouchers invalid and may potentially lead to that account being closed down.
8. If for any reason a credit/voucher becomes invalid due to technical failures or any other causes beyond the control of the HomeFood, or a meal becomes unavailable, HomeFood reserves the right (subject to any written directions given under applicable law) to cancel, suspend or modify the Promotion and not re-issue any additional credits/vouchers to affected customers.
9. HomeFood reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid redemptions including, without limitation, to require further verification as to the identity, age, and other relevant details of a customer.
10. By redeeming the credits/vouchers, customers agree to release HomeFood from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or with the acceptance or possession of any purchase of menu items and / or delivery charges (except death or personal injury caused by the Promoter’s negligence, for fraud, or otherwise as prohibited by law).
11. All meals are subject to availability.
12. HomeFood terms and conditions apply – please see: www.homefood.uk/about/terms
13. No responsibility is accepted for referrals that are lost, corrupted or delayed or as a result of any network, computer hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.
14. Unique codes should only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via social media where you are the primary content owner. Public distribution on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is not allowed. Promoting your referral code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing) is also not allowed.
15. By taking part in this promotion you will be deemed to have accepted and be bound by these terms and conditions.
16. This promotion will be governed by the laws of England and the exclusive jurisdiction of the English courts.
17. The Promoter: HomeFood