Terms and Conditions

IMPORTANT LEGAL NOTICE

This page (together with our Cookies Policy) sets out the terms and conditions ("Website Terms") on which we, BringMeFood.com ("we", "our" or "BringMeFood.com"), provide access to our website https://www.BringMeFood.com and any BringMeFood.com mobile application through which you order products (together, "the Website"). Please read these Website Terms carefully before ordering any products through the Website. By ordering products through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.

We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.

Use of your personal information submitted via the Website is governed by our Privacy Notice and Cookies Policy.

For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website https://www.BringMeFood.com and any BringMeFood.com mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.

I. TERMS AND CONDITIONS OF USE AND SALE

1. INTRODUCTION AND OUR ROLE

1.1. Business details: BringMeFood.com is the trading name of the business owned and operated by Mr Paul Guillou and is based in Guernsey.

1.2. Product Orders: We provide a way for you to communicate your orders (“Order” or "Orders") for products (“Product” or "Products") to delivery or takeaway restaurants in Guernsey and other locations worldwide (“Restaurant” or "Restaurants") displayed on the Website. The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with and we will conclude the sale of Products on behalf of, and as commercial agent for, the Restaurants in all cases.

2. WEBSITE ACCESS AND TERMS

2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.

2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

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

3. YOUR STATUS

3.1. Capacity and age: By placing an Order through the Website, you warrant that:
    • 3.1.1. You are legally capable of entering into binding contracts with Restaurant; and
    • 3.1.2. You are at least 18 years old.

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

3.3. Alcohol, cigarettes and other smoking products:
    • 3.3.1. Alcohol, tobacco or other smoking products cannot be purchased through the Website.

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

4.1. Compiling your Order: Once you have selected the Products you wish to order from the menu of your chosen Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Restaurant and errors cannot be corrected (subject to paragraph 4.2. below). Where you have not logged in or created an account previously, then you may have the option to continue with your Order as a guest. By electing to complete your Order as a guest, you are agreeing that BringMeFood.com will create a temporary BringMeFood.com guest account for you which will, unless otherwise stated in these Website Terms, be accessible only (a) from the device which you use to place the Order; and (b) for a period of up to twelve months following the date of the Order.  Your access to your temporary guest account will expire on the “Expiry Date” which shall be the earlier of (i) the date falling six months after the date on which you last accessed the temporary guest account; (ii) the date falling twelve months after the date on which the temporary guest account was created; and (iii) the date on which you logout of your temporary guest account, or clear the cache on the device which you used when the temporary guest account was created.

4.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.

4.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Restaurant.

4.4. Processing your Order and Restaurant rejections: On receipt of your Order, we will send it to the relevant Restaurant and will notify you by SMS and email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with a Restaurant but does not necessarily mean that your Order will be fulfilled by the Restaurant. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you by SMS and email as soon as reasonably practicable if a Restaurant rejects your Order. However, Restaurants 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, Restaurants 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 below.

4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.

4.6. Commercial agency: For the avoidance of doubt, any orders processed by BringMeFood.com through the Website are processed by BringMeFood.com in its capacity as commercial agent of the relevant Restaurant.

5. PRICE AND PAYMENT


5.1. VAT and delivery costs: Prices will be as quoted on the Website. These prices exclude VAT and may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charge imposed by the Restaurant. These will be added to the total amount due where applicable.

5.2. Incorrect pricing: This Website contains a large number of menus and it is possible 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, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price 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 or in cash to the Restaurant at the point of delivery to, or collection by, you.

5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. 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: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card 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 Restaurant (as described in paragraph 4.4 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 Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

6. CUSTOMER CARE

6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the "Need help?", "Help" or similar button or by calling the telephone number shown on the Website.

6.2. 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 Care Team as described above and one of our Customer Care Advisers will attempt to contact the Restaurant in order to follow up on your query.

6.3. Complaints and Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Restaurant and wish to complain or seek a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant directly to lodge your complaint and, where appropriate, follow the Restaurant's own complaint procedures. If you are unable to contact the Restaurant, or the Restaurant refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Restaurant in order to request compensation on your behalf. Please note, 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: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
    • 7.1.1. You must not misuse the Website (including by hacking or \"scraping\").
    • 7.1.2. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
    • 7.1.3. You must ensure that our status as the author of the material on the Website is always acknowledged.
    • 7.1.4. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.

7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

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

8. WEBSITE ACCESS

8.1. Website availability: While we try to ensure the Website is normally available twenty four hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

8.3. 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 Website; any transmission is at your own risk.

9. LINKS TO AND FROM OTHER WEBSITES

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

9.2. Linking permission: You may link to the Website's homepage (www.BringMeFood.com), with our prior written permission provided that:
   • 9.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
   • 9.2.2. 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;
   • 9.2.3. any website from which you link must comply with the content standards set out in these Website Terms;
   • 9.2.4. we have the right to withdraw linking permission at any time and for any reason.

10. DISCLAIMERS

10.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

10.2. Allergy, dietary and other menu information:  When a Restaurant signs up with us, they have to provide us with up-to-date menu information. We then include this on their dedicated page on the Website. Where this information includes allergy or other dietary information, we will do our best to republish this information on the website or app exactly as it appears on the restaurant's menu. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you must always contact the Restaurant directly before placing your order. Please do not use the "leave a note for the Restaurant" box for your food allergies or intolerances - please contact the Restaurant directly.

10.3. Restaurant actions and omissions:  The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
   • 10.3.1. We do not give any undertaking that the Products ordered from any Restaurant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
   • 10.3.2. Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.
   • 10.3.3. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, we do not guarantee that Restaurants will accept and fulfil all Orders, and Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. Restaurants will not be obliged to deliver an Order to an address outside of their set delivery radius, which may change from time to time.
   • 10.3.4. The foregoing disclaimers do not affect your statutory rights against any Restaurant.

10.4. 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 ).

11. LIABILITY

11.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

11.2. 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 forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
   • 11.2.1. any loss of profits, sales, business, or revenue;
   • 11.2.2. loss or corruption of data, information or software;
   • 11.2.3. loss of business opportunity;
   • 11.2.4. loss of anticipated savings;
   • 11.2.5. loss of goodwill; or
   • 11.2.6. any indirect or consequential loss.

11.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with 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.

11.4. 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 Website, 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.

12. TERMINATION

12.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
    • 12.1.1. you have used the Website in breach of paragraph 7.1 (License);
    • 12.1.3. you have breached paragraph 9.2 (Links to and from other websites); or
    • 12.1.4. you have breached any other material terms of these Website Terms.

12.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

13. WRITTEN COMMUNICATIONS

13.1. Applicable laws require that some of the information or communications 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. 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.

14. EVENTS OUTSIDE OUR CONTROL

14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").

14.2. 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:
    • 14.2.1. strikes, lock-outs or other industrial action;
    • 14.2.2. 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;
    • 14.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
    • 14.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    • 14.2.5. impossibility of the use of public or private telecommunications networks; and
    • 14.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

14.3. 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. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

15. ADDITIONAL TERMS

15.1. 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.

15.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and your use of it, our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the Website, and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Website Terms by this reference.

15.3. Severability: If any of these Website 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.

15.4. Entire agreement: These 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.

15.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

15.6. Assignment: You may not transfer any of your rights or obligations under these 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.

15.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

16. GOVERNING LAW AND JURISDICTION

16.1. These Website Terms shall be governed by and construed in accordance with Guernsey law and is subject to the exclusive jurisdiction of Guernsey.

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