Terms of Sale for the Customer

Terms of Sale for the Supply of Services to the Customer

IMPORTANT LEGAL NOTICE

This page (together with our Website Policy) sets out the terms and conditions (“Terms”) on which we, Go Foodie Ltd (“we”, “our” or “GoFoodie”), provide access to you (“Customer”, “You”, “Your”) of Our website https://www.gofoodie.com and any GoFoodie mobile software application through which you access the Service (together herein: “Application”). By using the Application to access the Services and in placing an Order You agree to be bound by the Terms. By using any part of the Application, you agree to these Terms. If You do not agree to these Terms You will not be able to use the Application, and should leave the Application immediately.

The Application provides the platform for You to communicate Your orders (“Orders”) for products chosen by You on the menu on the Application (“Products”) to be prepared by independent private cooks (“Kitchen”, “Kitchens”) who are shown on the Application.

You understand and agree that if you have a food allergy or intolerance, you will contact the Kitchen directly to check that the food is suitable for you, before placing your order directly with them.

The Meals are delivered to the address determined by You in the Application or picked up by You at the Cook’s registered address (“Delivery” and “Pick Up”).

We only market the Products on behalf of the Kitchens on the Application which allows You to then order Products from them.

We are authorised by the Kitchens to conclude the sales of Products and collect payments on their behalf from You, as their commercial agent, but the legal contract for the supply and purchase of the Products is between You and the Kitchen that you place Your Order with in all cases.

Please read these terms carefully before you submit any Orders through the Application as any purchase of any Products on the Application by You is subject to these Terms. By creating an account and placing an Order through the Application, You warrant that you are legally capable of entering into binding contracts, and you are at least 18 years old.

Use of your personal information submitted via this Website is governed by our Privacy Notice.

We reserve the right to amend our Website Terms from time to time, as allowed by Applicable Law, by changing them on this Website and making them available to the Merchant.

I. TERMS AND CONDITIONS OF USE AND SALE

1. INTRODUCTION AND OUR ROLE

1.1. Company details: GoFoodie and GoDrive – Delivery are subsidiaries of Plutus Global Management Ltd.

1.2. Product Orders: We provide a way for you to place your orders (“Order” or “Orders”) for products (“Product” or “Products”) to kitchens in your local area (“Kitchen” or “Kitchens”) displayed on the Website. The legal contract for the supply and purchase of Products is between you and the Kitchen that you place your Order with, and we will conclude the sale of Products on behalf of, and as commercial agent for, the Kitchens in all cases.

1.4 Delivery Services: We facilitate the delivery services for the Kitchens on our Website in order to bring the Product(s) you order to you. GoFoodie will charge you a delivery fee (which will be detailed on your invoice at the time of purchase) on behalf of the Kitchen with whom you placed the order(s).

2. WEBSITE ACCESS AND TERMS

2.1. Website access: You may access most areas of the Website without making an Order or registering your details with us.

2.2. Acceptance of terms: By interacting with any part of the Website, you agree to these Website Terms.

2.3. Revision of terms: We may revise these Website Terms at any time, as allowed by Applicable Law, by changing them on this website and making them available to the Merchant. You should review the current Website Terms regularly, as they are legally binding on you. You will be subject to the policies and terms and conditions in place at the time that you place an Order through us.

2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

3. YOUR STATUS

3.1. Capacity and age: By placing an Order through the Website, you certify 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. You understand and agree that if you have a food allergy or intolerance, you will contact the Kitchen directly to check that the food is suitable for you, before placing your order directly with them.

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

4.1. Placing an Order: Upon selection of the Products you would like to order from the menu of your chosen Kitchen and provided any further required information, you will be able to submit your Order by clicking or selecting the “checkout”, “place my order” or similar button. It is your responsibility to check all the information that you enter and correct any errors before clicking or selecting this button, as doing so will mean entering into a contract with the Kitchen and errors cannot be corrected (subject to paragraph 4.2. below).

4.2. Amending or cancelling your Order: Once your Order has been submitted and and your payment has been authorised, you will only be allowed to change or cancel your Order up to the Kitchen’s Order cut-off time. If you wish to change or cancel your Order after this time, you may contact our Customer Care team as described in paragraph 6.1 and they will attempt to contact the Kitchen in order to communicate your requests. However, there is no guarantee that we will be able to reach the Kitchen or that the Kitchen will agree to your requests as they may have already started processing your Order.

4.3. Payment authorisation: If a payment you make is not authorised, your Order will not be processed or submitted to the merchant’s Kitchen.

4.4. Processing your Order and Kitchen rejections: When your Order has been placed, it will be sent to the Kitchen and you will be notified by email that your Order has been received and is being processed. A confirmation page on the Website and any Order confirmation email that you may receive each confirm that you have a contract for the sale of Products with a Kitchen but does not necessarily mean that your Order will be fulfilled by the Kitchen. We encourage all our Kitchens 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 Kitchen rejects your Order. However, Kitchens have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Kitchens will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 5.5.

4.5. Delivery of your Order: Delivery times are specified by the Kitchens and are selected at the time of purchase but are only estimates. Neither we nor the Kitchens guarantee that Orders will be delivered within the estimated times. 

4.6. Commercial agency: All orders processed by GoFoodie through the Website are processed by GoFoodie in its capacity as commercial agent of the relevant Kitchen.

5. PRICE AND PAYMENT

5.1. VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT and delivery costs and any administration or service charge as outlined on the invoice at the time of purchase.

5.2. Incorrect pricing: It is possible but not likely that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, the Kitchen will normally contact you before the relevant Order is accepted and dispatched by the Kitchen. In that occurrence, neither we nor the relevant Kitchen is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website at the time of your Order.

5.4. 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.

5.5. Rejected Orders: Standard banking procedures provide that once you submit an Order via credit or debit card and your payment has been authorised, your bank or card issuer will “reserve” the full amount of your Order. If your Order is rejected by the Kitchen or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us. They will then release the relevant amount back into your available balance. However, this may take between 5-7 working days (or longer, depending on your bank or card issuer). Neither we nor the relevant Kitchen will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

6. CUSTOMER CARE

6.1. Questions about your Order: If you have any problems with your Order, your first point of contact is with the Kitchen direct. If they cannot solve the issue to your satisfaction, please contact our Customer Care Team as described in 6.2, and one of our Customer Care Advisers will attempt to contact the Kitchen so as to follow up on your query.

6.2. General: Customer care is a priority to us. Therefore, our Customer Care team will try to assist you, where feasible, if you have any difficulties with your Order. You can contact our Customer Care team by emailing admin@gofoodie.co.uk and we’ll attempt to get back to you within 72 hours.

6.3. Complaints or feedback: If you are dissatisfied with the quality of any Products or the service provided by a Kitchen or GoFoodie, please provide feedback via ratings, comments and reviews on the Website (together, “Reviews”) to reflect your experience. Reviews are essential to improving our service and the quality control process.

6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Kitchen and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Kitchen directly to lodge your complaint and, where appropriate, follow the Kitchen’s own complaint procedures. If you are unable to contact the Kitchen, or the Kitchen refuses to deal with your complaint, you can contact our Customer Care Team as described in paragraph 6.2 within 72 hours of receiving 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, however, that 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 Restaurants and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.

7. LICENCE

7.1. Terms of permitted use: It is permissible to use the Website and print or download excerpts from the Website for your individual non-commercial use on the following basis:

  • 7.1.1. You must not misuse the Website (including by hacking or \”scraping\”).
  • 7.1.2. Unless specified, the copyright and other intellectual property rights in the Website and in material published on it (without limitation) are owned by us or our licensors. All rights are reserved and are protected by copyright laws and treaties globally.
  • 7.1.3. You must not modify any materials that you print off in accordance with paragraph 7.1 and you must not use any visual or audio material without any accompanying text.
  • 7.1.4. You must ensure that our status as the author of the material is accredited.
  • 7.1.5. You may not use any of the materials on the Website or the Website itself for commercial purposes.

7.2. Limitation on use: Except as stated in paragraph 7.1, the Website is not permitted for use, reproduction or storage in any other website or included in any electronic system or service.

7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

8. WEBSITE ACCESS

8.1. Website availability: We do not assume an obligation to ensure that the Website is available 24/7, and we will not be liable to you if the Website is unavailable for a period.

8.2. Suspension of access: Access to the Website may be suspended provisionally without notice.

8.3. Information security: Information transferred on the Internet is not completely secure. We take the necessary steps as required by law to protect your information, however we cannot assure the security of your data transmitted to the Website; any transmission is at your own risk.

9. VISITOR MATERIAL AND REVIEWS

9.1. General:

  • 9.1.1. Other than personally identifiable information, any material that you post, upload or transmit to the Website will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you certify that you own or control the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we will be free to use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
  • 9.1.2. You certify that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.

9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:

  • 9.2.1. breaches any applicable local, national or international law;
  • 9.2.2. is unlawful or fraudulent;
  • 9.2.3. is unauthorised advertising; or
  • 9.2.4. contains viruses or any other harmful programs.

9.3. Visitor Reviews Policy: any Reviews that you submit through the Website must not:

  • 9.3.1. contain any defamatory, obscene or offensive material;
  • 9.3.2. promote violence or discrimination;
  • 9.3.3. infringe the intellectual property rights of another person;
  • 9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
  • 9.3.5. promote illegal activity or invade another’s privacy;
  • 9.3.6. give the impression that they originate from us; or
  • 9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.

9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 are not exhaustive and we reserve the right to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches the 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.

9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website, and any statements, advice or opinions are theirs only. Accordingly, we assume no responsibility or liability to any person for any Reviews or other Visitor Material.

9.6. Images: Any images displayed on the Website are provided as a design feature of the Website only and may not be an image of food prepared by the Kitchen from which you choose to order, or may not represent the food you receive from a Kitchen.

9.7. Liability: You agree to compensate us for any losses, damages and claims incurred by or made against us, by a Kitchen or any other third party in relation to any Reviews or other Visitor Material that you provide in breach of any of the warranties, agreements or restrictions set forth in this paragraph 9.

9.8. Disclosure to authorities and courts: You understand that we will fully cooperate with any competent authority requesting 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 restriction and you release us to the fullest extent permitted by law from all liability in relation to such.

10. LINKS TO AND FROM OTHER WEBSITES

10.1. Third party websites: Any links to third party websites on the Website are provided for your convenience. If you use these links, you leave the Website. We 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 from the Website, you do so entirely at your own risk.

10.2. Linking permission: You may link to the Website’s homepage, provided that:

  • 10.2.1. you do so in a fair and legal way which does not damage our reputation;
  • 10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists or without our permission;
  • 10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
  • 10.2.4. we have the right to withdraw linking permission at any time and for any reason.

11. DISCLAIMERS

11.1. Website information: Although we aim to ensure that information on the Website is correct, we do not promise its accuracy or completeness. We may make changes to the material on the Website, or to the functionality, Products and prices at any time without notice. The material on the Website may be out of date, and we make no commitment to keep it current.

11.2. Allergy, dietary and other menu information:  Kitchens are responsible for their own menus. For information regarding ingredients, allergy and intolerance, please contact the merchant/kitchen via email. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Kitchen directly before placing your order. While every precaution is taken by the Kitchens to avoid cross-contamination, dishes may contain traces of nuts and/or other allergens.

11.3. Kitchen actions and omissions:  The legal contract for the supply and purchase of Products is between you and the Kitchen that you place your Order with. We have no control over the actions or omissions of any Kitchen. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

  • 11.3.1. We do not give any undertaking that the Products ordered from any Kitchen through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
  • 11.3.2. Estimated times for deliveries and collections are only estimates. Neither we nor the Kitchens guarantee that Orders will be delivered within the estimated times.
  • 11.3.3. We encourage all our Kitchens 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 Kitchen rejects your Order.
  • 11.3.4. The foregoing disclaimers do not affect your statutory rights against any Kitchen.

11.4. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).

12. LIABILITY

12.1. General: These Website Terms do not exclude or limit 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.

12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website for:

  • 12.2.1. any loss of profits, sales, business, or revenue;
  • 12.2.2. loss or corruption of data, information or software;
  • 12.2.3. loss of business opportunity;
  • 12.2.4. loss of anticipated savings;
  • 12.2.5. loss of goodwill; or
  • 12.2.6. any indirect or consequential loss.

12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising in relation to the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.

12.4. Additional costs: You assume full and sole responsibility for any additional costs that you may incur in connection with or as a result of your use of the Website.

13. TERMINATION

13.1. Grounds for termination: We may terminate or suspend (at our discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe that:

  • 13.1.1. you have used the Website in breach of paragraph 7.1 (License);
  • 13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
  • 13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or
  • 13.1.4. you have breached any other material terms of these Website Terms.

13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any materials that you possess from the Website, including downloaded or printed materials.

14. WRITTEN COMMUNICATIONS

14.1. The law requires that some of the information we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. 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 they be in writing.

15. EVENTS OUTSIDE OUR CONTROL

15.1. We will not be liable for delayed performance of any of our obligations under these Website Terms that is caused by events outside our reasonable control (Force Majeure Events).

15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes the following:

  • 15.2.1. strikes, lock-outs or other industrial action;
  • 15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
  • 15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 15.2.5. impossibility of the use of public or private telecommunications networks; and
  • 15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

16. ADDITIONAL TERMS

16.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our Privacy Notice.

16.2. Severability: If any of the Website Terms are determined by a relevant 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.

16.3. Entire agreement: The Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

16.4. No waiver: Any failure or delay by you or us in enforcing any provision of the Website Terms will not be interpreted as a waiver of your or our rights or remedies.

16.5. Assignment: You may not transfer any of your rights or obligations under the Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

17. GOVERNING LAW AND JURISDICTION

17.1. The Website Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Website Terms in the English courts.

17.2 As a consumer, you will benefit from any mandatory provisions of English law.  Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.