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The Feast Express Ltd. ("FE") consumer mobile application, consumer website, restaurant mobile application and restaurant CMS (the "System") is owned and operated by FE. Your access to, use of, placing of an order, linking to the System, use of software or downloading software on the System (collectively your "Access") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the System ("Terms"). If you do not agree with the Terms, exit this System.
"FE", "We", "Us" or "Our" means: Feast Express Ltd., Registered in England and Wales at TechHub, 4-5 Bonhill Street, London EC2A 4BX, company Registration No. 8244381
"You" and "Your" means the person using this System.
Your Access to the System constitutes your agreement to be bound by the Terms. FE reserves the right to amend these System Terms at any time. You should check the System regularly to review the current System Terms, because they are binding on you. You will be subject to the Terms in force at the time that you order products from us or access our System.
You are responsible for making all arrangements necessary for you to have access to the System. You are also responsible for ensuring that all persons who access the System through your Internet connection are aware of these System Terms and that they comply with them.
These Terms apply to the use of this System, and by accessing this System and/or placing an order you agree to be bound by the terms and conditions set out below.
The Terms of this System do not affect your statutory rights as a consumer.
The purpose of this System is to provide a smart, convenient and easy to use service to consumers, enabling them to search for takeaways and restaurants of their choice and make an online order for takeaway food and/or book a table. By joining, members can view their order history, review the restaurants, awarded cash back & or loyalty points. The system also allows sharing orders, favourites, reviews and bills with other registered users of Feast Express
Registered users of the System can add their review and ratings for Restaurants and Takeaways. When a review and rating is added for a Booking or Takeaway order the order details (mention of a Takeaway or Booking order and names of dishes for Takeaway orders) will be added to the review and rating. By clicking Submit on the Add a Review page registered Members agree to share their review for viewing by other users of Feast Express. Order details as mentioned in this para will be visible to registered users only. Users however, can opt out of sharing order details in reviews by going to Profile Settings and swithing off "Share order details with Friends".
To learn more about our service and the System please refer to the FAQs section in website www.feastexpress.com.
FE provides this System and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this System.
While FE tries to ensure that information on this System is correct, we do not promise that it is accurate or that it will be timely or error-free, that defects will be corrected, or that the System or server that makes it available are free of viruses or other harmful components or complete. FE may make changes to the material on this System, or to the services and prices described in it, at any time without notice. The material on this System may be out of date, and FE makes no commitment to update that material. In particular, we do not promise that the information provided by the takeaways and restaurants and displayed on this System such as (and not limited to) the menus, ingredient information, pricing, booking timings and estimated times for deliveries and collections is correct or up to date.
PLEASE NOTE: FE tries to accurately copy the item names, descriptions, prices, ingredients and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by the restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering
You are responsible for the security of your password that you used to register with this System. Unless FE negligently discloses your password to a third party, FE will not be liable for any unauthorised transaction entered into using your name and password.
4. Limitations of liability
FE, the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of business, loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, this System or in connection with the use, inability to use or the results of use of this System, any websites linked to this System or the material on these websites.
FE takes full responsibility for communication of orders to the Restaurants as set out in these System Terms. FE's Customer Service team will, subject to your compliance with these System Terms, use all reasonable endeavours to resolve any issues arising from the submission of orders via this System including the processing of all credit or debit card refunds and charge backs where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the Restaurants that you place your order with. FE cannot give any undertaking that the food and beverages ordered from the Restaurants through this System will be of satisfactory quality and any such warranties are disclaimed by FE. Neither can FE give an undertaking that the estimated delivery and collection times stated on this System are accurate. These disclaimers do not affect your statutory rights against the takeaways and restaurants.
Nothing in these System Terms excludes or limits our liability for death or personal injury arising from FE's negligence, nor FE's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these System Terms affects your statutory rights.
With the exception of any liability referred to in the above paragraph, FE's total liability to you in relation to your use of the System and the services that we provide including (but not limited to) liability for breach of these System Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or GBP100, whichever is the lower.
If your use of material on this System results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
5. Intellectual property
You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this System for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.
You must indemnify and hold harmless FE, its directors, officers, employees, agents, vendors, advertisers, partners and suppliers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your Access to and use of this System, any breach or violation of the Terms of this System or your violation of any law or your violation of the rights of any third party.
While FE tries to ensure this System is normally available twenty four (24) hours a day, it will not be liable if this System is unavailable at any time or for any period. Access to this System may be suspended temporarily and without notice.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the System; any transmission is at your own risk.
8. Third Party Systems
This System contains links to other systems. These systems are not under the control of FE and FE is not responsible for the practices, content or availability of such systems. A link does not imply endorsement of, sponsorship of, or affiliation with the linked system. We provide the links as a convenience only. If you decide to access linked third party Systems, you do so at your own risk, and we will not be held responsible or liable for any loss or damages caused by use of or reliance on any contents, goods or services available on such systems.
FE has the right to withdraw the linking permission at any time.
9. Your status
By placing an order through our System, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
10. Limitations of Use
You may access some areas of this System without making an order, and/or registering your details with us. Most areas of this System are open to everyone.
By using this System, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the System.
You may forward orders to your friends who to your knowledge are willing to receive orders from you. You may forward bills to your friends who to your knowledge are willing to receive your bills and pay the bills on your behalf. Unsolicited forwarding of orders or bills may lead to your Feast Express accounts being blocked or cancelled.
You may invite your friends who you know and are willing to receive communication from you, to register with FE using the Invite a Friend feature on the FE app
Members' passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately via email to firstname.lastname@example.org.
The prohibited acts listed in above are non-exhaustive. You will pay FE for all costs and damages which it incurs as a result of you breaching any of these restrictions.
FE will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of the Terms.
You are permitted to print and download extracts from this System for your own personal use on the following basis:
Unless otherwise stated, the copyright and other intellectual property rights in this System and material published on it (including without limitation photographs and graphical images) are owned by FE or its licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these System Terms, any use of extracts from this System other than in accordance with paragraph above is prohibited. You must not modify the digital or paper copies of any materials that you print off in accordance with above paragraph and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text. You must ensure that FE's status as the authors of the material on this System must always be acknowledged. You are not allowed to use any of the materials on this System or the System itself for commercial purposes without obtaining a licence from FE to do so. Except as stated in above paragraph, no part of this System 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. Any rights not expressly granted in these System Terms are reserved.
12. Feedback and User Submissions
We do not solicit nor wish to receive any confidential or proprietary information from you. Nor do we wish to receive any creative materials, ideas or suggestions other than those we specifically request. If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.
13. Placing an order
FE endeavours to deal with reputable third party takeaways and restaurants who provide a quality service; however FE accepts no responsibility or liability for the quality or quantity of any goods and /or services delivered by or collected from said third parties. It is the responsibility of the customer to thoroughly check the supplied goods before agreeing to pay for an order.
Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address.
Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact telephone number when ordering.
You can track the progress of their orders by viewing the Orders section in the System.
14. How to make an order and how it is processed
You can start your order by selecting the type of service you want - Takeaway or Booking. You will then be presented with a list of takeaways and restaurants that provide the service. You can then select the takeaway or restaurant of your choice and place the order.
For booking orders you can select a choice of date & time and the number of people. You then add your mobile number and confirm the booking request on the System.
For takeaway orders you can select items from the menu of your chosen takeaway or restaurant and submit your order by clicking on the "Checkout" button. You can then add further details for your order, select a mode of payment and click "Proceed to Pay". Please note it is important that you check the information that you entered and correct any errors before clicking on this button, as once you click on this input errors cannot be corrected.
If at any time prior to you clicking on the "Proceed to Pay" or similar button, you decide that you do not wish to proceed with your order, you should close the application.
On receipt of your order, FE will begin processing your order and we will send you notification by email that your order has been received and that your order is being processed.
Where any payment you make is not authorised you will be returned to the previous page on the System and we shall not be obliged to provide the services.
Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order nor will you be entitled to a refund.
If your order is taking longer than expected or you have any other problems with your order you can contact our customer service team by clicking on the "Contactus" and emailing us at email@example.com with the order number and details of the problem. You can also include your phone number and request a call back. One of our customer service advisers will contact you or the takeaway or restaurant in order investigate and make reasonable effort to solve the problem.
Note: Alcohol and Cigarettes
Pursuant to the UK Licensing Act, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, tobacco / cigarettes or for any person over the age of 18 to buy intoxicating liquor or tobacco on behalf of any person under the age of 18. FE prohibits any orders from minors. Orders containing alcohol or tobacco /cigarettes by minors are prohibited.
Once your order has been accepted, this represents an agreement between you the customer and the restaurant. The restaurant has sole responsibility for this order. Cash payments are made directly to the restaurant fulfilling the order. If you have chosen to pay with credit or debit card on the System then the transaction is processed by FE as an authorised agent of the restaurant.
All prices are inclusive of VAT and quoted in British (Sterling) Pounds. Prices are subject to change and all goods are subject to availability. These prices include VAT but may exclude delivery costs, which will be added to the total amount due (if you opt for delivery instead of collection), where applicable.
Service charge, Delivery and/or card payment charges are calculated per order and based on the policy of the individual restaurant. Any delivery charges or card fees will be displayed clearly in your Order Summary.
Prices will be as quoted on this System. This System contains a large number of menus and it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is higher than the price stated on the System, FE, the takeaway or the restaurant will normally contact you before the order in question is accepted or dispatched. The takeaway or restaurant may at their discretion decline the order. FE is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
In the event that you have a complaint about the quality of food or service provided by the restaurants on this System then any compensation, if any, should be sought directly from the takeaway or restaurant. FE is not able to provide refunds on behalf of the restaurants and is not liable for any such refunds sought. All complaints must be lodged initially with the restaurant and, where appropriate, the restaurant?s own complaint procedures followed before FE is able to respond to a complaint.
Customer service is extremely important to FE If you are not satisfied with the quality of food ordered through this System, subject to the above paragraph, FE will assist you, where possible, in seeking a refund from the restaurant to a maximum amount equivalent to the value of the original order. An important part of our quality control process is that consumers provide ratings and feedback on the System to reflect their experiences with restaurants. Please note that any complaint must be lodged with our Customer service team using the method described above within 48 hours of placing the order.
Payment for all orders must be by credit or debit card as stated on this System or in cash at the point of delivery to you. The FE System uses the secure payment gateway from Paypoint (www.paypoint.net). Paypoint.net is one of UK's biggest independent payment service provider. Paypoint has PCI DSS level 1 accreditation (highest possible security standard) and powerful anti-fraud and risk management. You will enter your credit/debit card details on a secure page at Paypoint.net which is PCI DSS compliant. FE System will not capture or store your card information. Paypoint.net will accept online payment made with cards with 3D secure and CVV2/CVC2 authentication only. Any order that is paid by cash is directly collected by takeaway or restaurant or its representative and FE is not liable or answerable to any issues that may arise due to such transaction.
Paypoint offers the repeat payment facility which you are free to use. You can use the facility by selecting "Save this card" or similar option after entering your card details on the payment page. Upon doing so, you authorise Paypoint to reuse the card details provided by you and authorised by your bank for payment of future by you on FE app. Upon your next order you will be presented with a Payment Method page, where you may select either to Pay by Saved Card or Use a New Card. FE system will transmit your choice to Paypoint and the payment will proceed accordingly. At no time are any of your card details saved on FE systems.
A discount may apply to your order if you use a promotional code recognised by this System and endorsed by FE
Please note that from time to time there may be delays with processing payments and transactions; on occasion this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit card.
You cannot cancel a takeaway order after payment is made by you or your friend. Takeaway orders for payment directly to takeaway or restaurant cannot be cancelled once it is confirmed by you and ?Proceed to Pay? button is clicked.
You may however call the restaurant and request for the order to be declined. Takeaway orders accepted by a takeaway or restaurant cannot be cancelled.
You can cancel a booking order prior to the time of the booking. Repeated no-show for booking orders may result in your FE account being blocked or cancelled. You can cancel a booking order from Completed Orders tab in your Orders section.
17. Customer Ratings
The ratings contained on this System are for informational purposes only and do not constitute advice. Nor should you rely on ratings to make (or refrain from making) or take (or refrain from taking) any action. Ratings are the opinions of customers who have ordered through the System or from third party rating providers, and any statements, advice or opinions made by such customers are those of such customers only.
18. Special Offers and Promotions
Loyalty Points and Cash Back
Users of the System may have the opportunity at the discretion of FE to collect loyalty points and/or be awarded Cash back when ordering takeaways and bookings from the System.
Third Party Promotions
Takeaways and restaurants will be able to offer promotions and discounts through the System on orders from you to them ("Third Party Promotions"). You will have the opportunity to select any one applicable Third Party Promotion to be applied to the order when making a payment.
An applied Third Party Discount is earned when an order is placed with a participating third party on the System and the order is accepted and fulfilled by the given takeaway or restaurant. Third Party Promotions are offered in the sole discretion of the participating takeaway or restaurant and FE will not be liable for any Third Party Promotion offers.
If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.
20. Governing Law
These System Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these System Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.
FE may terminate or suspend (at our absolute discretion) your right to use this System and your use of the services immediately by notifying you in writing (including by email) if:
FE believes that you have posted material in breach of paragraphs in section 8 (Third Party Systems), section 10 (Limitations of Use) or if you breach any other material terms of these System Terms. Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this System.
22. Additional terms
Any failure or delay by you or us in enforcing (in whole or in part) any provision of these System Terms will not be interpreted as a waiver of your or our rights or remedies.
You may not transfer any of your rights or obligations under these System Terms without our prior written consent. We may transfer any of our rights or obligations under these System Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
The headings in these System Terms are included for convenience only and shall not affect their interpretation.
23. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the System or ordering products via the System, 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 our 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.
24. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) strikes, lock-outs or other industrial action;
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) impossibility of the use of public or private telecommunications networks; and
f) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the 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 the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
25. Entire agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
Last updated 03 October 2013