Terms & Conditions of [INFORMATION REQUIRED – INSERT COMPANY NAME T/A TRADING NAME]
This Privacy Policy covers the use of the website and the services provided by [INFORMATION REQUIRED – INSERT COMPANY NAME / TRADING NAME].
[INFORMATION REQUIRED – INSERT COMPANY NAME / TRADING NAME] is incorporated with Company Registration Number [INFORMATION REQUIRED – INSERT COMPANY REGISTRATION NUMBER] and having its registered address at [INFORMATION REQUIRED – INSERT COMPANY ADDRESS]. This Privacy Policy provides details of the way in which we process personal data in line with our obligations under the General Data Protection Regulation (No. 2016/679) (“GDPR”), the Data Protection Act 2018 and any other laws which apply to us in relation to the processing of personal data (collectively referred to as “Data Protection Laws”).
In this Privacy Policy, “controller”, “personal data” and “process” (and its derivatives) have the meanings given to those terms in Data Protection Laws. Personal data generally means information that can be used to individually identify a person, and processing generally covers actions that can be performed in connection with data such as collection, use, storage, and disclosure. We are the controller of your personal data processed in connection with the website.
The purpose of this Privacy Policy is to explain our data processing activities, including how and why we process personal data. In addition, this Privacy Policy outlines our duties and responsibilities regarding the protection of such personal data. The way we process personal data will evolve over time and we will update this Policy from time to time to reflect changing practices.
Introduction:
By availing of our Online Ordering System, you are agreeing to the Terms and Conditions outlined herein, and to all other Terms and Conditions made available to you on the System in relation to your use of the System. The Terms and Conditions made available to you on the Online Ordering System (hereinafter referred to as the “Terms of Use”) constitute a binding legal accord / agreement between you and [INFORMATION REQUIRED – INSERT COMPANY / TRADING NAME] (hereinafter referred to as “[INSERT COMPANY / TRADING NAME]”). These Terms should be carefully reviewed by you prior to using our Online Ordering System.
If you disagree with any of the Terms, you shall not be permitted / entitled to use the System and you should refrain from doing so. The use of the Online Ordering System is subject to our Privacy Policy and Cookie Policy. You should carefully review these Policies prior to using the System.
Our Terms of Use may be altered occasionally, in a manner authorized by applicable law. Notice of such alteration will be provided to you via our Website, and / or via other means (where appropriate to do so).
The Terms should be reviewed by you periodically. Your continued usage of the Online Ordering System following notification of any alterations to the Terms constitutes your acceptance of the Terms as of their date of effect. If you disagree with any alteration of the Terms, you are entitled to cease using the System.
A. Purpose:
The Online Ordering System’s purpose is to offer a useful service that enables you to place delivery / collection orders of food and / or other products with us. You are afforded a right to use the System pursuant to the [INFORMATION REQUIRED – NSERT SYSTEM PROVIDER’S NAME]’s Terms of Service, which form a separate and legally binding agreement between you and them.
B. Disclaimer & Liability:
You hereby acknowledge and agree that the Online Ordering System is available for use “as is” and “as available”. [INSERT COMPANY / TRADING NAME] make no representations and give no warranties of any kind whatsoever in relation to the System and that, without prejudice to the generality of the foregoing, we make no warranty or representation regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance, or continuity of the System or the contents thereof. It is your sole responsibility to ensure that the System is suitable for your purposes.
You hereby acknowledge and agree that to the extent afforded to you by applicable law, the System may be modified or withdrawn at any time, either on a temporary or permanent basis, and wholly or in part, for any reason, without any prior notice, and [INSERT COMPANY / TRADING NAME] shall have no liability to you, or any other party, arising from or in connection with such modification or withdrawal. We make no representation or warranty that the System will be uninterrupted or error free, or that the System will be free of viruses.
[INSERT COMPANY / TRADING NAME] do not warrant or represent that the System will meet your requirements or specifications, or that any errors or bugs in the System will be corrected. All representations, warranties, guarantees, terms and conditions, whether express or implied by Statute or otherwise, in relation to the System or the information contained therein (including any implied warranty of accuracy of data, non-infringement, merchantability or fitness for a particular purpose), are hereby excluded to the fullest extent permitted by applicable law.
[INSERT COMPANY / TRADING NAME]’s total aggregate liability to you, whether n contract, tort (including negligence), under Statute or otherwise arising out of or in connection with the Terms of Use, he Online Ordering System and / or our Products, shall be limited to €2,000.00 [INFORMATION REQUIRED – BARRY TO REVIEW]. We acknowledge that nothing in the Terms of Use shall exclude or limit our liability for death or personal injury resulting from our negligence, or that of our servants / agents or employees.
C. Use of Data:
If you enter card details on the Online Ordering System, your details will be securely stored by a third-party payment service provider. We do not have access to these details, except for the final 4 digits of your card number and its expiry date. These are used to identify your card and order(s).
Where you provide a telephone number, your name and / or your address through the Online Ordering System, we will be provided with this information so that we can complete your order(s). For more information on how we process your personal information please see our Privacy Policy. Please also see [INFORMATION REQUIRED – INSERT SYSTEM PROVIDER’S NAME]’s Privacy Policy for information about how they process your personal information.
D. Third Party Sites:
The Online Ordering System may contain links to other websites. These websites are not under our control and we are not responsible or liable for the practices, content, or availability of such websites.
The inclusion of links to other websites on the Online Ordering System does not imply any endorsement or sponsorship of the content or practices on such websites, nor does
t imply any affiliation or association between us and any operators of such websites.
These links to websites are provided for your convenience only. If you decide to access a website through a link on the Online Ordering System, you do so at your own risk. We will not be responsible or liable to you, or any third party, for any loss, cost, damage, or other liability arising out of or in connection with, accessing, using, or relying upon the website, or any content, goods, practices, or services available on such website.
You are prohibited from linking to the Online Ordering System from any other business, company, service, and / or other website.
E. Obligations & Limitations of Use:
The Online Ordering System is made available to you for access in our country of establishment (the Republic of Ireland) and we make no representation or warranty that any information, materials, or functionality included in the System is appropriate or available for use in any jurisdiction other than the stated country of establishment.
You agree that any personal information provided by you on the Online Ordering System (including your name and contact details) is true, accurate, current, and complete in all respects at the time it is provided, and that you will update this information when subsequently using the System to the extent that it changes.
By using the Online Ordering System, you agree that:
• You will comply with the Terms of Use;
• You will not impersonate any other person or entity or use a false name or a name
that you are not authorised to use on the Online Ordering System;
• You are aged eighteen years of age or older;
• You will fully pay for all Products ordered by you through the System;
• You will not use the System to place any speculative, false or fraudulent orders;
• You will not use the System to research our products, or pricing of our products;
• You will not use any automated systems, robots or software to extract data from the System;
You acknowledge and agree that you cannot use the Online Ordering System for any unlawful purpose, or any purpose that is not authorised by [INFORMATION REQUIRED – INSERT SYSTEM PROVIDER’S NAME], including (without limitation):
• Transmission of material which constitutes a criminal offence, results in civil liability, or otherwise breaches any law(s), regulation(s) or practice code(s);
• Interference with any other persons’ use or enjoyment of the System;
• Damaging, disabling or impairing the operation, functionality or availability of the System (including by knowingly or recklessly introducing to the System viruses, trojans, worms, logic bombs or other material which is malicious or harmful), or attempting to gain unauthorised access to the System or to networks connected to it, through hacking, spoofing, or any other means;
• Distributing any unlawful, libellous, abusive, threatening, harmful, obscene, or otherwise objectionable material on or through the Online Ordering System. You may not access the Online Ordering System for any commercial purposes (including for purposes of copying or reproducing any material on the System, monitoring the availability, performance, or functionality of the System, or for any other benchmarking or competitive purposes).
F. Orders & Payment:
It is your responsibility to ensure that each order for products that you place through the Online Ordering System is correct prior to you submitting the order. Any and all questions you may have regarding products displayed on, or any orders you place through the System should be directed to us using our contact details available on our website’s homepage. You acknowledge and agree that [INFORMATION REQUIRED – INSERT SYSTEM PROVIDER’S NAME] is not able to address any such questions, and you acknowledge and agree that you will not contact, or attempt to contact, [INFORMATION REQUIRED – INSERT SYSTEM PROVIDER’S NAME] in respect of any such questions.
Please note that any order you place through the Online Ordering System is not accepted until you are sent an SMS confirming that we have both received and accepted your order [INFORMATION REQUIRED – CONFIRM THIS IS TRUE]. When the System states that your order has been confirmed, we may, at our discretion, choose to decline your order until such time as you are sent the stated SMS. If we are unable to accept your order after it has been placed through the System, we will contact you to inform you of this.
Please be aware that the inclusion of incorrect personal details by you when placing an order with us using the System may lead to delays in the completion of your order or may mean that we cannot complete your order. It is your responsibility to ensure that you have included correct personal details on the System (including your delivery address and telephone number), and we are not liable for any delay or failure to complete your order due to the inclusion of incorrect personal details on the System. It is your responsibility to keep your personal telephone secure. You agree that you are responsible and liable for all orders and charges placed on the System via your personal telephone.
Please be aware that where you have failed to make payment in full at the time of placing your order on the System, you will be solely liable and responsible for making all outstanding payments due to us in respect of your order at the time that you collect the order from us, or when we deliver it to you. We reserve the right (at our discretion) to change the products, and prices of products, available on the Online Ordering System.
G. Communication:
You consent to us providing you with notices and other communications electronically, either through the Online Ordering System or by other electronic means, and you acknowledge and agree that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement(s) and such communications be in writing.
H. Cancellation:
You acknowledge and agree that we may cancel an order placed by you on the Online Ordering System, either before or after acceptance of such order, where we believe that inaccurate information was provided as part of your order, or where circumstances beyond our reasonable control occur which prevent or hinder the completion of your order.
I. Termination:
All parties (both you and us) may terminate the Terms of Use immediately at any time and without notice to the other party. Upon this termination occurring, you will not be entitled or permitted to access and use the Online Ordering System. The following Clauses of the Terms of Use survive any such termination – Clauses B, C, I, J, K and N.
J. General Terms:
If any part of the Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
No failure or delay by us to exercise any right or remedy provided hereunder or by applicable law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
You agree that no partnership, employment, or agency relationship exists between both parties (us and you) as a result of the Terms of Use, or your use of the Online Ordering System.
The Terms of Use constitute the entire agreement between both parties (us and you) regarding the Online Ordering System and supersede and extinguish all prior agreements promises, assurances, warranties, representations and understandings between you and us regarding the System.
You may not assign, novate, or otherwise transfer the Terms of Use to any other person without our prior consent in writing, but you agree that we may assign, novate, or otherwise transfer any and / or all of our rights or obligations under the Terms to our affiliates or any party that acquires us.
K. Governing Law:
he Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter, shall be governed by, and construed in accordance with, the laws of the Republic of Ireland and any such dispute or claim shall be resolved exclusively in the Court of the Republic of Ireland, or in the Court of the country of our establishment.
L. Contact:
All comments, questions and requests relating to your personal information are welcomed and should be addressed to us using our contact details, which are available on our website’s homepage. Please direct any complaints or legal notices to this address.
M. Definitions:
[INFORMATION REQUIRED – INSERT SYSTEM PROVIDER’S NAME] means [INFORMATION REQUIRED – INSERT SYSTEM PROVIDER’S FULL LEGAL NAME], a company registered in Ireland under Company Number [INFORMATION REQUIRED – INSERT SYSTEM PROVIDER’S COMPANY NUMBER] and having its registered address at [INFORMATION REQUIRED – INSERT SYSTEM PROVIDER’S ADDRESS];
“Online Ordering System” means the technology solutions developed by [INFORMATION REQUIRED – INSERT SYSTEM PROVIDER’S NAME] which are made available to you through our website, app or other platform, and which enable you to place orders with us electronically for our products.
N. Privacy Policy:
Please review our Privacy Policy, which is available on our website.
O. Cookie Policy:
Please review our Cookie Policy, which is available on our website.
