Terms of Use – TakeOut UK

Terms of Use – GoOut-TAKEOut for Customer(s)

Welcome to GoOut-TAKEOut (“We” or “Us” or “Our(s)” or “ GoOut-TAKEOut” or “GoOut UK and TAKEOut UK”). These Terms of Use (together with Annexure 1, Annexure 2 and Annexure 3 in this document) tells you the terms (“Terms”) which apply when you (“Customer” or “You” or “Your(s)” or “App User” or “User”) order any menu items (“Items” or “Orders”) via our (link) website or mobile applications and related services (each referred to as an “Application” or “App” or “Website” or “Company Service(s)”). Please read these Terms carefully before creating a GoOut-TAKEOut account or using our Application. If you have any questions relating to these Terms please contact {link}

Information About Us

GoOut-TAKEOut is operated by Innovative Technological Systems Limited trading as GoOut-TAKEOut (also known as GoOut UK and TAKEOut UK), a company registered under the laws of the England and Wales, whose registered office is Unit 11, Churchill Court, 58 Station Road, Harrow, London, HA2 7SA

Purpose

Our objective is to link you to the restaurants we partner with (“Partner Restaurants“) and allow you to order Items for delivery (“Company Service”). Where you order from a Partner Restaurant, GoOut-TAKEOut acts as an agent on behalf of that Partner Restaurant to process your order through our Application and to manage your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by the Partner Restaurant (“Partner Delivery”) (each a “Delivery”) depending on the Partner Restaurant you have selected. The order shall be delivered by the selected Partner Restaurant.

Your Account

Before you can place orders for Items using our Application, you need to open a GoOut-TAKEOut account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Company Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with an order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

Service Availability

Each Partner Restaurant has a prescribed geographical delivery area. This delivery area may change at any time due to factors such as weather, or demand on the service. This is to ensure that Items reach your door at their best. Our Partner Restaurants each decide their own operating hours. That means that the availability of our Company Service, and the range of Partner Restaurants from which you can order, depends on the Partner Restaurants in your area. If you try to order a delivery to a location outside the delivery area or operating hours of a Partner Restaurant, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

Orders

When you place an order through our Application, it needs to be accepted by us and the Partner Restaurant before it is confirmed. We will send you a notification if your order has been accepted (the “Confirmation Notice“). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Partner Restaurants operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability. Partner Restaurants may use nuts or other allergens in the preparation of certain Items. Please contact our Partner Restaurant prior to ordering if you have an allergy. GoOut-TAKEOut cannot guarantee that any of the Items sold by our Partner Restaurants are free of allergens.

Delivery

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

Unfortunately, despite our, and our Partner Restaurant’s best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time.

Partner Restaurant will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order. We cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item/order, and if the delivery driver has been despatched you will also be charged for delivery.

You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):

You do not come to the door, did not pick up the phone when the delivery driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the delivery driver is unable to find a safe location to leave the food.
The delivery driver refuses to deliver the Item to you in accordance with section 8 (Age Restricted Products).
You have provided an incorrect delivery address.

Your Rights if Something is Wrong with Your Items

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please contact the Partner Restaurant directly using the contact details provided in the app and explain your issue to them. It is at the partner Restaurants discretion as to how a service or order complaint is handled. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We may provide a refund or account credit subject to the acceptance of these errors by the Partner Restaurant in respect of the affected part or all of your order, and also in respect of delivery charges if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery or due to some fault of yours.

Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery, this is subject to the information provided to us by the Partner Restaurant.

Age Restricted Products

Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. The delivery driver may refuse to deliver any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. The Partner Restaurant and the delivery driver may refuse to deliver alcohol to any person who is or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.

Cancellation

Only ‘pre-orders’ can be cancelled without charge. A ‘pre-order’ is an order cancelled one hour or more prior to its expected delivery time. You must contact the Partner Restaurant directly to cancel a pre-order and this must be done at least 1 hour before the expected order delivery time.

You are responsible for paying a cancellation fees for not taking your order upon delivery, placed using your account and for complying with these Terms, even if you have ordered the Item for someone else.

GoOut-TAKEOut and the Partner Restaurant may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner Restaurant, and we will reimburse you for any payment already made using the same method you used to pay for your order.

Prices, Payment and Offers

Prices include VAT. You confirm that you are using our Company Service for personal, non-commercial use unless you request a VAT invoice. GoOut-TAKEOut may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Partner Restaurants. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2-hours of creating the basket. If you do not conclude the order before the 2-hour cut-off, the items will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake, we will notify you as soon as we can, and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid. The Partner Restaurant may also charge you a delivery fee. This will be notified to you during the order process before you complete your order.

The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery and applicable Service Fees and taxes.

Payment for all Items and deliveries can be made on our Application using Apple or Google payment processing facility or by credit or debit card, or by any other payment method made available by GoOut-TAKEOut. Once your order has been confirmed, the payment amount shall be deducted from the chosen method of payment from the abovementioned. Payment is made directly to GoOut-TAKEOut acting as agent on behalf of the Partner Restaurant only. Payment may also be made by using vouchers or account credit, subject to GoOut-TAKEOut’s Voucher and Account Credit Terms.

We are authorised by our Partner Restaurants to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Partner Restaurant. In some cases, you can alternatively make your payment in cash directly to the Partner Restaurant by paying the delivery driver at the time of delivery. Where cash payment is possible, this will be made clear on our Application before you place your order.

Partner Restaurants sometimes make special offers available through our Application. These are visible when you look at a Partner Restaurant’s menu. These offers are at the discretion of the Partner Restaurants. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.

Complaints

For the purpose of resolving Customer complaints, we will provide you with the contact details of the Partner Restaurant so that you can directly contact the Partner Restaurant for any issue with the service, orders, delivery and/or other related reasons. The Partner Restaurant will bear the sole responsibility of dealing with your complaints and/or issues related to Orders items and/or Deliveries. It is at the partner Restaurants discretion as to how a service or order complaint is handled.

Partner Restaurant’s Responsibility for Loss or Damage That You Suffer

The Partner Restaurant shall bear the “foreseeable” loss or damage suffered by you as a result breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Company Service. However, Partner Restaurant are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstance that might increase the loss or damage arising from Partner Restaurant’s breach of these Terms before you place an order.

Subject to the previous paragraph, we or the Partner Restaurants are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.

Data Protection

We process your personal data in accordance with our Privacy Policy which can be found here. {link}

Your Responsibility for any goods, services, materials, products or other listed on the Company Application or Website

You hereby grant the Company a right to publish Customer Content, including but not limited to customer reviews via the Website, App, or otherwise for the purposes of the Company to facilitate Customer engagement and use of the Company Service.

You shall accept and acknowledge that it is solely the responsibility of the Customer to check for the accuracy of any of the Customer Content, including but not limited to its design, grammar and spelling prior to publication on the Website and/or App, or any other means whereby the Customer publishes Customer Content via the Company Service.

You shall warrant the following:

(a) The you will act in good faith at all times;

(b) Any information supplied by you in connection of your content is accurate, complete and true;

(c) Company shall not be liable to any claim or proceedings whatsoever arising out of any publication, reproduction or otherwise of the customer content that is made via the Company service, if such customer content breaches any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person.

Limitation of Liability

These terms shall apply in full, without any limitation, qualification or proviso whatsoever unless specifically agreed by us in writing.

Our liability in respect of the engagement with the you shall be limited as follows:

(a) We shall not in any event be liable directly or indirectly to you for consequential loss for any loss or damage, including bodily harm or psychological harm, arising directly or indirectly from a breakdown, an accident, adverse weather conditions or any circumstances beyond the Our control (including but without limitation in relations to: any strike, industrial action, fire, flood, acts of God, any consequence of riot or destruction of property by an act of terrorism and any other force majeure event).

(b) We shall not, under any circumstances, be liable to you for any direct, indirect or consequential loss or damage to the Customer. This is including but not limited to any form of liability whatsoever for the loss of a Customer’s business operation, loss or interruption of marketing campaign, loss of profits, loss of contracts, loss of anticipated savings, data, goodwill, revenue, or otherwise.

(c) We do not own or operate the Partner Restaurant, Takeaway Partner Restaurants, or Delivery Drivers nothing in these terms shall construe any form of guarantee as to the availability of any remote booking(s), orders, products or items (menu items) or Pick-up services that are made through Our App, Website or otherwise.

(d) By engaging with the Company Service, you acknowledge and accept that during the course of providing the Company services pursuant to these Terms, you may be introduced to third-parties, including but not limited to Partner Restaurants, Takeaway Partner Restaurants, Delivery Drivers, other Customers and members of the public. In such event, the We shall not take any responsibility for the actions or omissions of the Partner Restaurants, Takeaway Partner Restaurants, Delivery Drivers, other Customers, and/or any third-parties. You are therefore advised to take reasonable precautions with respect to any and all interactions with any third-parties encountered in connection with Our Company Services and use of the App.

(e) We do not represent, warrant or guarantee that the App and/or Website will remain uninterrupted or error free, and in the event that the App and/or Website are subject to limitations, delays or other problems inherent in the use of internet and electronic communications, the Company is not responsible for any delays, delivery failures, or other damages, or liabilities arising from such problems.

Indemnity

You shall fully indemnify and hold harmless the Company and Company’s offices, directors, employees, agents, successors and assigns at all times against all claims, demands, proven and direct liabilities, costs (including legal costs on an indemnity basis), expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable costs and expenses suffered or incurred by Company arising from any from the actions or omissions that arise in connection with:

(a) Bodily injury (including death), psychological injury, or damage to tangible personal or real property caused by any act, error or omission, or misconduct by you;

(b) Breach or violation of any representations, warranties, guarantees, obligations or material terms under these terms you;

(c) Violation of the rights of any third-party, including Partner Restaurants, Takeaway Partner Restaurants, Delivery Drivers, other Customers, regulators, governmental authorities or any third-party providers, either directly or indirectly by you;

(d) Violation of any law or regulation by you.

Miscellaneous

Customer Disputes
The Company is not responsible for addressing any disputes that may arise between any Customers and/or disputes between any Customer(s) and Partner Restaurant(s) and/or disputes between any Customer(s) and Takeaway Partner Restaurant(s) and/or disputes between any Customer(s) and Delivery Driver(s) and/or disputes between any Customer(s) and any third party(s). In the event of a concern, claim or dispute, the Customer shall communicate directly with the other party in resolving such concern, claim or dispute.
In the event the Company receives complaints about a Customer, the Company will investigate the complaint at our sole discretion and may request the Customer to respond to the other party directly. We reserve the right to cancel/suspend a customer’s use of the service, the application for any reason at our sole discretion.
Third- Party Rights
If a Customer downloads the App from the iTunes®Store, Google Play, or otherwise, the Customer acknowledges and agrees that Apple, Google and their subsidiaries, are third-party beneficiaries of these Terms, and that Upon acceptance of these Terms, these third-parties may seek to elect their right to enforce these Terms against the Customer.
The Customer accepts and acknowledges that the license to use the Website, App and the Company Service is conditioned upon compliance with all third-party terms of the agreement.
Entire Agreement and Severability
These Terms, together with any amendments, states the entire Agreement between the Company and Customer concerning the Company Service.
If any provision of these Terms are found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement will be enforced as if such provision was not included.
No Waiver
1. No waiver of any terms of these Terms shall be deemed a further or continuing waiver of such term or any other term.
The Company’s failure to assert any right or remedy, or provision, under these Terms shall not constitute a waiver of that or any other single or partial exercise of any right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
Assignment
All operative provisions contained therein these Terms shall remain in full force and effect where the Company has lawfully assigned, transferred or sub-contracted any rights, licenses, or otherwise that are subject to these Terms to any third-party.
Except as otherwise agreed, the Customer warrants that he/she will not directly or indirectly assign, transfer, sub-contract, or otherwise any rights, licenses or otherwise that are subject to these Terms to any third-party or deal with in any way, by operation of law, without the prior written consent of Company.
Third-Party Links
The Company Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company.
The Company will not endorse or assume any responsibility for any such third-party sites, information, materials, products or service that is contained on our Website and App.
Should the Customer elect to access our App or Website or Company Services through a third-party website, such as through Facebook, Instagram or Twitter, or other, the Customer shall assume all risks in doing so.
The Content published is strictly for the purpose of providing the Customer with the Company Service in accordance these Terms, and the Customer acknowledges and accepts that he has understood that these Terms and Privacy Policy do not apply to his/her use of these third-party sites.
The Customer shall expressly release the Company from any liability that may arise out of his/her use of any third-party website, service or content.
The Customer accepts and acknowledges that any engagement, including but not limited to making Pick-up and/or Remote Booking Order at the Takeaway Partner Restaurant(s) or Partner Restaurant(s) respectively, and subsequent payment and completion of the Order, and any other terms (such as warranties) are strictly between the Customer and these respective third parties.
The Company shall not be responsible for any loss or damage of any sort in relation to the actions or omissions between any Customer and any third-party.
International Use

The Customer shall acknowledge and accept compliance with all applicable laws of the Country in which the Customer resides in, outside of the UK, and with such local laws and regulations regarding the use and conduct on the internet in relation to the transmission of technical data exported from the United Kingdom.

Governing Law and Jurisdiction

The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Application/Website or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Annexure 1: GoOut-TAKEOut Terms of Use for Website and Application for the Customer

This Annexure 1 (together with the Terms of Use, Annexure 2 and Annexure 3 in this document) tells you the terms of use (“Terms”) on which you (“Customer” or “User” or “App User” or “You” or “Your(s)”) may make use of our website (link) or our mobile application (“Website” or “Application” or “App”) that we (“GoOut-TAKEOut” or “GoOut UK and TAKEOut UK” or “Company” or “We” or “Us” or “Our(s)”) make available via an app store or otherwise for the purpose of using our Services (“Service” or “Company Service”), whether as a guest or a registered user. Please read these terms carefully before you start to use our Application/Website or our Service. By accessing our Application/Website or by using our Service, you indicate that you accept these terms and that you agree to abide by them. If you do not agree to these terms, do not use access our Application/Website or our Service.

Information About Us

The GoOut-TAKEOut website (link), application and services are operated by Innovative Technological Systems Limited trading as GoOut-TAKEOut (also known as, GoOut UK and TAKEOut UK) a company registered under the laws of the England and Wales, whose registered office is Unit 11, Churchill Court, 58 Station Road, Harrow, London, HA2 7SA.

Accessing Our Service or Our Services

Access to our Application/Website and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Application/Website or our Service without notice (see below). We will not be liable if, for any reason, our Application/Website or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Application/Website or our Service, or our entire Application/Website or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact us (add hyperlink of the contact page on the website) straight away to let us know. We can deactivate your account at any time.

Acceptable Use

You may use our Service only for lawful purposes. You may not use our Application/Website or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Application/Website or our Service or any network or equipment used in the provision of our Service.

Interactive Features of Our Application/Website

We may from time to time provide certain features which allow you to interact through our Application/Website or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide, although we may remove content in contravention of these Terms as set out in section 6. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards apply to any and all material which you contribute to our Service (the “Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted. Contributions must not:

contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trademark or data privacy or any other intellectual property right of any other person;
be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or other intellectual property infringement or computer misuse.

Suspension and Termination

Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms constitutes a material breach of the Terms, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use our Service;
immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
issuing of a warning to you;
legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
we reserve the right to suspend or terminate use of the application (the App) at our sole discretion.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

Intellectual Property Rights

We are the owner of and/or the licensee of all intellectual property rights in our Application/Website and our Service, and in the material published on it (excluding your Contributions), these intellectual property rights are protected by copyright laws and other intellectual property laws applicable in England and Wales and by the treaties around the world. All such rights are reserved. You shall not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, reverse engineer or otherwise use any content present on our Application/Website in any way except for your own personal, non-commercial use. No commercial use of our Application/Website and our Service is allowed, and you shall not make profit from such use of our intellectual property rights present in our Application/Website and our Service.

Reliance on Information Posted

Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

Our Application/Website and Our Service Change Regularly

We aim to update our Application/Website and our Service regularly and may change the content at any time. If the need arises, we may suspend access to our Application/Website and our Service, or close them indefinitely. Any of the material on our Application/Website or our Service may be out of date at any given time, and we are under no obligation to update such material.

Limitation of Liability

We have taken every care in the preparation of our Application/Website and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Application/Website or our Service. If we are informed of any inaccuracies on our Application/Website or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Application/Website, our Service, and any website linked to our Application/Website and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

Information About You and Your Visits to Our Application/Website and Use of Our Service

We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy (link).

Uploading Material to Our Application/Website and Our Service

Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to us. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to us.

Links from Our Application/Website

Where our Application/Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and Applicable Law

Variations

We may revise these terms at any time by amending this Annexure 1. You are expected to check this Annexure 1 from time to time to take notice of any changes we make, as they are binding on you.

Your Concerns

If you have any concerns about material which appears on our Service, please contact {link}

Annexure 2: “GoOut” for Remote Booking and Home Dining Ordering using the GoOut-TAKEOut App Terms of Use for the Customer

This Annexure 2 (together with the Terms of Use, Annexure 1 and Annexure 3 in this document) tells you the terms of use (the “Terms”) which apply when you order any menu items (the “Item(s)” or “Order(s)”) after choosing the “GoOut Option” from our GoOut-TAKEOut website or mobile applications and related services (each referred to as an “Application” or “App” or “Website” or “GoOut-TAKEOut” or “GoOut UK and TAKEOut UK” or “Company Services” or “We” or “Us” or “Our(s)”) to be collected by you (the “Customer” or “You” or “Your(s)” or “User” or “App User”) from the relevant restaurant (each a “Pick-up Order”). You may also book a table (“Remote Booking(s)”) through this GoOut Option present in the Application/Website.

Information About Us

GoOut-TAKEOut (also known as GoOut UK and TAKEOut UK), (the “Company”) is operated by Innovative Technological Systems Limited, a company registered under the laws of the England and Wales, whose registered office is Unit 11, Churchill Court, 58 Station Road, Harrow, London, HA2 7SA.

Purpose

Home Dining is a service of food ‘kits’ prepared and created by the Merchant for collection or delivery for the Customer (App User). Remote booking is the table booking and dine-in food ordering service; both services are available via the GoOut service function of the App.

Our objective is to link you to the restaurants we partner with (“Partner Restaurant(s)“) and allow you to place an order or make remote bookings through our App (our “Company Service” or “Service”). Where you place a food order with a Partner Restaurant using the GoOut Option on the App, it acts as an agent on behalf of that Partner Restaurant to conclude your Home Dining Order or Remote Booking from our Application and to manage your experience throughout the order or booking process. Once you have placed a Pick-up Order, you will be required to collect your Items directly at the Partner Restaurant or at the location specified in the Application (the “Pick-up Location”). Whereas, once you have made a Remote Booking, you will be required to be present at the Partner Restaurant at the location specified in the Application and at the time slot allocated to you. You may also place an order from the menu of the Partner Restaurant while making a remote booking using the GoOut Option on the App to reduce waiting time upon arrival at the Partner Restaurant.

Your Account

Before you can place a Home Dining/Remote Booking Order through the GoOut Option using our Application, you need to open a GoOut-TAKEOut account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.

We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with a Home Dining or Remote Booking Order using the GoOut Option, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

Service Availability

Each Partner Restaurant will have their individual service capacity limitations within which they can accept Home Dining Orders or accommodate Remote Bookings as the case maybe. Our Partner Restaurants each decide their own operating hours. If you are not in the prescribed area, or if you try to place a Home Dining / Remote Booking Order outside the operating hours of a Partner Restaurant, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

Pick-up/Remote Booking Orders

When you place a Home Dining/ Remote Booking Order through our Application using the GoOut Option, it needs to be accepted by us and the Partner Restaurant before it is confirmed. Your Home Dining / Remote Booking Order may be rejected at any time. Our Partner Restaurants may, for example, reject your Home Dining/ Remote Booking Order if they are too busy or the Items you have ordered are temporarily unavailable or there is no seating availability.

We will send you a notification if your Home Dining/Remote Booking Order has been accepted (the “Confirmation Notice“). The contract for the supply of any Item you have ordered, or confirmation of a remote booking made, comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered or paying a cancellation fees for not taking up the table booked using the remote booking service (subject to the policies of the Partner Restaurants) using your account and for complying with these Terms, even if you have ordered the Item or booked the table for someone else. Some Partner Restaurants operate a minimum order value policy in relation the pick-up orders or a maximum number of seats available per table in relation to remote bookings. This will be displayed on our Application. All Items and seating arrangements at the Partner Restaurant are subject to availability.

Partner Restaurants may use nuts or other allergens in the preparation of certain Items. Please contact the Partner Restaurant processing your order prior to ordering if you have an allergy. We cannot guarantee that any of the Items sold by our Partner Restaurants are free of allergens.

Pick-up Time

When you place a Home Dining Order using the GoOut Option on the Application which is accepted by the Partner Restaurant, the Partner Restaurant will tell you the time when your Items are expected to be ready for pick-up (“Target Pick-up Time”). The Target Pick-up Time is not guaranteed by either us or our Partner Restaurants. You will be required to collect your Items directly from the Partner Restaurant at the Pick-up Location. You must arrive at the Partner Restaurant to collect your Items at or just before the Target Pick-up Time. Our Partner Restaurants will hold your Items for you for 30 minutes after the Target Pick-up Time. If you fail to collect your Items within 30 minutes after the Target Pick-up Time, the Partner Restaurant may dispose of your Items. You will still be charged for the Item in the event you fail to pick-up your Item from the Partner Restaurant.

Unfortunately, despite our, and our Partner Restaurants’, best efforts things do not always go to plan and there may be times when your Items are not ready for pick-up at the Target Pick-up Time. If your order is not ready more than 15 minutes after the Target Pick-up Time, we will work with you to make things right unless you have caused the delay (e.g. because you changed your Pick-up Order after it was confirmed).

Remote-Booking

When you book a table using the GoOut Option from the Application, it needs to be accepted by us and the Partner Restaurant before it is confirmed. On such remote bookings, you may order the food and pay for your order on the Application at the Partner restaurant or if you wish to avoid waiting for your order, you may order your food and pay for your order on the Application prior to your arrival at the Partner Restaurant at the chosen time slot on the Application. You will receive a notification if your order has been accepted (the “Confirmation Notice”). You are responsible for paying for all Items ordered on remote booking table even if it was done for someone else. Some Partner Restaurants operate a minimum order value policy on such remote bookings and a maximum number of seats available per table in relation to such remote bookings. This will be displayed as you navigate through GoOut option in the Application. All Items and seating arrangements are subject to availability on such remote bookings. Partner Restaurants may use nuts or other allergens in the preparation of certain Items. Please contact our Partner Restaurant prior to ordering if you have an allergy. We cannot guarantee that any of the Items sold by our Partner Restaurants are free of allergens.

Your Rights if Something is Wrong with Your Items

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your Home Dining/Remote Booking Order using the GoOut Option on the Application. If you believe that the Items you have picked up do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. Subject to the acceptance of the Restaurant Partner, we may provide a refund or account credit in respect of the affected part of the Item, unless we have reasonable cause to believe that the problem was caused after pick-up/delivery or due to some fault of yours.

Primarily refunds are issued at the discretion of the Partner Restaurant. All and any claims or complaints should be first directed to the Partner Restaurant for their assessment and response.

Prior to processing your refund or account credit, we may take into account relevant factors including the details of the Pick-up/Remote booking Order, your account history, what happened on or immediately after pick-up or your remote booking experience, this is subject to the information provided to us by the Partner Restaurant.

Age Restricted Products

Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold to persons aged 18 or over. By placing a Home Dining Order for an age restricted product, you confirm that you are at least 18 years old. Partner Restaurants may refuse to sell any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. The Partner Restaurants may also refuse to sell alcohol to any person who is or appears to be under the influence of either alcohol or drugs. If the sale of any age restricted product is refused, and the Partner Restaurant confirms to us that the relevant Item was not provided to you, we will accordingly process a refund for the relevant Item to the card from which you paid for your Pick-up Order. If you paid for your Home Dining /Remote Booking Order in cash at the Partner Restaurant after placing your order using the GoOut Option on the App, the Partner Restaurant will process the refund for you.

Cancellation

You may cancel a Home Dining/Remote Booking Order made using the GoOut Option on the Application without charge at any time before the Restaurant Partner has started preparing the food (a “Started Order”). If you wish to cancel a Home Dining/Remote Booking Order you must contact directly the Restaurant before it becomes a Started Order. If you cancel any Home Dining/Remote Booking Order after it becomes a Started Order, you will be charged the full price for the Items. The definition of a Started Order is at the sole discretion of the Partner Restaurant.

You are responsible for paying a cancellation fees for not taking up the table booked using the remote booking service (subject to the policies of the Partner Restaurants) or for not collecting your pick-up order item placed using your account and for complying with these Terms, even if you have ordered the Item or booked the table for someone else.

We and the Partner Restaurant may notify you that a Home Dining/Remote Booking Order has been cancelled at any time. You will not be charged for any Home Dining/Remote Booking Orders cancelled by us or the Partner Restaurant, and we will reimburse you for any payment already made using the same method you used to pay for your Home Dining/Remote Booking Order made using the GoOut Option on the Application.

Prices, Payment and Offers

Prices include VAT. You confirm that you are using our Company Service for personal, non-commercial use unless you request a VAT invoice. We may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. Prices can also change at any time at the discretion of the Partner Restaurants. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Company Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed Home Dining/ Remote Booking Orders made using the GoOut Option on the Application, unless there is an obvious pricing mistake.

Partner Restaurant’s Responsibility for Loss or Damage That You Suffer

The Partner Restaurant is responsible to you for any loss or damage that you suffer that is a foreseeable result of breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Company Service. However, the Partner Restaurant is not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from the Partner Restaurant’s breach of these Terms before you place an order or book a table using the GoOut Option on the Application.

Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.

Data Protection

We process your personal data in accordance with our Privacy Policy which can be found here. (link)

Your Responsibility for any goods, services, materials, products or other listed on the Company Application or Website

You hereby grant the Company a right to publish Customer Content, including but not limited to customer reviews via the Website, App, or otherwise for the purposes of the Company to facilitate the Customer’s engagement and use of the Company Service.

You shall warrant the following:

(a) The you will act in good faith at all times;

(b) Any information supplied by you in connection of your content is accurate, complete and true;

Limitation of Liability

These terms shall apply in full, without any limitation, qualification or proviso whatsoever unless specifically agreed by us in writing.

Our liability in respect of the engagement with the you shall be limited as follows:

(c) We do not own or operate the Partner Restaurant and nothing in these terms shall construe any form of guarantee as to the availability of any remote booking(s) or Home Dining services that are made through Our App, Website or otherwise.

(d) By engaging with the Company Service, you acknowledge and accept that during the course of providing the Company services pursuant to these Terms, you may be introduced to third-parties, including but not limited to Partner Restaurants, other Customers and members of the public. In such event, the We shall not take any responsibility for the actions or omissions of the Partner Restaurants, other Customers, and/or any third-parties. You are therefore advised to take reasonable precautions with respect to any and all interactions with any third-parties encountered in connection with Our Company Services and use of the App.

Indemnity

(a) Bodily injury (including death), psychological injury, or damage to tangible personal or real property caused by any act, error or omission, or misconduct by you;

(b) Breach or violation of any representations, warranties, guarantees, obligations or material terms under these terms you;

(c) Violation of the rights of any third-party, including Partner Restaurants, other Customers, regulators, governmental authorities or any third-party providers, either directly or indirectly by you;

(d) Violation of any law or regulation by you.

Miscellaneous

Customer Disputes
The Company is not responsible for addressing any disputes that may arise between any Customers and/or disputes between any Customer(s) and Partner Restaurant(s) and/or disputes between any Customer(s) and any third party(s). In the event of a concern, claim or dispute, the Customer shall communicate directly with the other party (i.e. the Partner Restaurant) in resolving such concern, claim or dispute.
In the event the Company receives complaints about a Customer, the Company will investigate the complaint at our sole discretion and may request the Customer to respond to the other party directly.
Third- Party Rights
If a Customer downloads the App from the iTunes®Store, Google Play, or otherwise, the Customer acknowledges and agrees that Apple, Google and their subsidiaries, are third-party beneficiaries of these Terms, and that Upon acceptance of these Terms, these third-parties may seek to elect their right to enforce these Terms against the Customer.
The Customer accepts and acknowledges that the license to use the Website, App and the Company Service is conditioned upon compliance with all third-party terms of the agreement.
Entire Agreement and Severability
These Terms, together with any amendments, states the entire Agreement between the Company and Customer concerning the Company Service.
If any provision of these Terms are found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement will be enforced as if such provision was not included.
No Waiver

1. No waiver of any terms of these Terms shall be deemed a further or continuing waiver of such term or any other term.
The Company’s failure to assert any right or remedy, or provision, under these Terms shall not constitute a waiver of that or any other single or partial exercise of any right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
Assignment
All operative provisions contained therein these Terms shall remain in full force and effect where the Company has lawfully assigned, transferred or sub-contracted any rights, licenses, or otherwise that are subject to these Terms to any third-party.
Except as otherwise agreed, the Customer warrants that he/she will not directly or indirectly assign, transfer, sub-contract, or otherwise any rights, licenses or otherwise that are subject to these Terms to any third-party or deal with in any way, by operation of law, without the prior written consent of Company.
Third-Party Links
The Company Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company.
The Company will not endorse or assume any responsibility for any such third-party sites, information, materials, products or service that is contained on our Website and App.
Should the Customer elect to access our App or Website or Company Services through a third-party website, such as through Facebook, Instagram or Twitter, or other, the Customer shall assume all risks in doing so.
The Content published is strictly for the purpose of providing the Customer with the Company Service in accordance these Terms, and the Customer acknowledges and accepts that he has understood that these Terms and Privacy Policy do not apply to his/her use of these third-party sites.
The Customer shall expressly release the Company from any liability that may arise out of his/her use of any third-party website, service or content.
The Customer accepts and acknowledges that any engagement, including but not limited to making Home Dining/Remote Booking Order at the Partner Restaurant(s), and subsequent payment and completion of the Home Dining Order, and any other terms (such as warranties) are strictly between the Customer and these respective third parties.
The Company shall not be responsible for any loss or damage of any sort in relation to the actions or omissions between any Customer and any third-party.
International Use

Governing Law and Jurisdiction

Annexure 3: “TAKEOut Option” for “Pick-up Order” Services using the GoOut-TAKEOut App Terms of Use for the Customer.

This Annexure 3 (together with the Terms of Use, Annexure 1 and Annexure 2 in this document) tells you the terms of use (the “Terms”) which apply when you order any menu items (the “Item(s)” or “Order(s)”) after choosing the “TAKEOut Option” from our GoOut-TAKEOut website or mobile applications and related services (each referred to as an “Application” or “App” or “Website” or “Company Services” or “We” or “Us” or “Our(s)”) to be collected by you (the “Customer” or “You” or “Your(s)” or “User” or “App User”) from the Takeaway Partner restaurant (each a “Pick-up Order”).

Information About Us

Purpose

Our objective is to link you to the restaurants specifically and solely dealing in takeaway orders we partner with (“Takeaway Partner Restaurants“) and allow you to order Items for collection (our “Company Service”). Where you order from a Takeaway Partner Restaurant using the TAKEOut Option on the App, it acts as an agent on behalf of that Takeaway Partner Restaurant to conclude your Pick-up Order placed via our Application and to manage your experience throughout the order process. Once you have placed a Pick-up Order, you will be required to collect your Items directly at the Takeaway Partner Restaurant or at the location specified in the Application (the “Pick-up Location”).

Your Account

Before you can place Pick-up Order through the TAKEOut Option using our Application, you need to open a GoOut-TAKEOut account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with a Pick-up Order using the TAKEOut Option, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

Service Availability

Each Takeaway Partner Restaurant has a prescribed geographical area within which it can accept Pick-up Orders. Our Takeaway Partner Restaurants each decide their own operating hours. If you are not in the prescribed area, or if you try to place a Pick-up Order outside the operating hours of a Takeaway Partner Restaurant, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

Pick-up Orders

When you place a Pick-up Order through our Application using the TAKEOut Option, it needs to be accepted by us and the Takeaway Partner Restaurant before it is confirmed. Your Pick-up Order may be rejected at any time. Our Takeaway Partner Restaurants may, for example, reject your Pick-up Order if they are too busy or the Items you have ordered are temporarily unavailable.

We will send you a notification if your Pick-up Order has been accepted (the “Confirmation Notice“). The contract for the supply of any Item you have ordered using the TAKEOut Option on the App comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account and for complying with these Terms, even if you have ordered the Item for someone else. Some Takeaway Partner Restaurants operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability.

Takeaway Partner Restaurants may use nuts or other allergens in the preparation of certain Items. Please contact our Takeaway Partner Restaurant prior to ordering if you have an allergy. We cannot guarantee that any of the Items sold by our Takeaway Partner Restaurants are free of allergens.

Pick-up Time

When you place a Pick-up Order using the TAKEOut Option on the Application which is accepted by the Takeaway Partner Restaurant, the Takeaway Partner Restaurant will tell you the time when your Items are expected to be ready for pick-up (“Target Pick-up Time”). The Target Pick-up Time is not guaranteed by either us or our Takeaway Partner Restaurants. You will be required to collect your Items directly from the Takeaway Partner Restaurant at the Pick-up Location. You must arrive at the Takeaway Partner Restaurant to collect your Pick-up Order at or just before the Target Pick-up Time. Our Takeaway Partner Restaurants will hold your Pick-up Order for you for 30 minutes after the Target Pick-up Time. If you fail to collect your Pick-up Order within 30 minutes after the Target Pick-up Time, the Partner Restaurant may dispose of your Pick-up Order. You will still be charged for the Pick-up Order in the event you fail to pick-up your Pick-up Order from the Takeaway Partner Restaurant.

Unfortunately, despite our, and our Takeaway Partner Restaurants’, best efforts things do not always go to plan and there may be times when your Pick-up order is not ready for pick-up at the Target Pick-up Time.

Your Rights if Something is Wrong with Your Pick-up Order.

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your Pick-up Order using the TAKEOut Option on the Application. If you believe that the order you have picked up does not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. Subject to the acceptance of the Takeaway Restaurant Partner, we may provide a refund or account credit in respect of the affected part of the Pick-up Order, unless we have reasonable cause to believe that the problem was caused after pick-up or due to some fault of yours.

Primarily refunds are issued at the discretion of the Partner Restaurant. All and any claims or complaints should be directed to the Restaurant for those assessment and response.

Prior to processing your refund or account credit, we may take into account relevant factors including the details of the Pick-up Order, your account history, what happened on or immediately after pick-up, this is subject to the information provided to us by the Takeaway Partner Restaurant.

Age Restricted Products

Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold to persons aged 18 or over. By placing a Pick-up Order for an age restricted product, you confirm that you are at least 18 years old. Takeaway Partner Restaurants may refuse to sell any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. The Takeaway Partner Restaurants may also refuse to sell alcohol to any person who is or appears to be under the influence of either alcohol or drugs. If the sale of any age restricted product is refused, and the Takeaway Partner Restaurant confirms to us that the relevant Item in the Pick-up order was not provided to you, we will accordingly process a refund for the relevant Item to the card from which you paid for your Pick-up Order. If you paid for your Pick-up order in cash at the Takeaway Partner Restaurant after placing your order using the TAKEOut Option on the App, the Takeaway Partner Restaurant will process the refund for you.

Cancellation

You may cancel a Pick-up Order made using the TAKEOut Option on the Application without charge at any time before the Takeaway Partner Restaurant has started preparing the food (a “Started Order“). If you wish to cancel a Pick-up Order, it will be up to the Partner Restaurant to confirm and issue a refund. You must contact the Partner Restaurant before it becomes a Started Order. If you cancel any Pick-up Order after it becomes a Started Order, you will be charged the full price for the Items. The definition of a Started Order is at the sole discretion of the Partner Restaurant.

You are responsible for paying a cancellation fees for not collecting your pick-up order item placed using your account and for complying with these Terms, even if you have ordered the Item for someone else.

We and the Takeaway Partner Restaurant may notify you that a Pick-up Order has been cancelled at any time. You will not be charged for any Pick-up Orders cancelled by us or the Takeaway Partner Restaurant, and we will reimburse you for any payment already made using the same method you used to pay for your Pick-up Order made using the TAKEOut Option on the Application .

Prices, Payment and Offers

Prices include VAT. You confirm that you are using our Company Service for personal, non-commercial use unless you request a VAT invoice. We may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. Prices can also change at any time at the discretion of the Takeaway Partner Restaurants. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Company Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed Pick-up Orders made using the TAKEOut Option on the Application, unless there is an obvious pricing mistake.

Takeaway Partner Restaurant’s Responsibility for Loss or Damage That You Suffer

The Takeaway Partner Restaurant is responsible to you for any loss or damage that you suffer that is a foreseeable result of breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Company Service. However, the Takeaway Partner Restaurant is not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from the Takeaway Partner Restaurant’s breach of these Terms before you place an order using the TAKEOut Option on the Application.

Data Protection

We process your personal data in accordance with our Privacy Policy which can be found here. (link)

Your Responsibility for any goods, services, materials, products or other listed on the Company Application or Website

You hereby grant the Company a right to publish Customer Content, including but not limited to customer reviews via the Website, App, or otherwise for the purposes of the Company to facilitate the Customer’s engagement and use of the Company Service.

You shall warrant the following:

(a) The you will act in good faith at all times;

(b) Any information supplied by you in connection of your content is accurate, complete and true;

Limitation of Liability

These terms shall apply in full, without any limitation, qualification or proviso whatsoever unless specifically agreed by us in writing.

Our liability in respect of the engagement with the you shall be limited as follows:

(c) We do not own or operate the Takeaway Partner Restaurant and nothing in these terms shall construe any form of guarantee as to the availability of any remote booking(s) or Pick-up services that are made through Our App, Website or otherwise.

(d) By engaging with the Company Service, you acknowledge and accept that during the course of providing the Company services pursuant to these Terms, you may be introduced to third-parties, including but not limited to Takeaway Partner Restaurants, other Customers and members of the public. In such event, the We shall not take any responsibility for the actions or omissions of the Takeaway Partner Restaurants, other Customers, and/or any third-parties. You are therefore advised to take reasonable precautions with respect to any and all interactions with any third-parties encountered in connection with Our Company Services and use of the App.

Indemnity

(a) Bodily injury (including death), psychological injury, or damage to tangible personal or real property caused by any act, error or omission, or misconduct by you;

(b) Breach or violation of any representations, warranties, guarantees, obligations or material terms under these terms you;

(c) Violation of the rights of any third-party, including Takeaway Restaurant Partner(s), and other Customer(s), regulators, governmental authorities or any third-party providers, either directly or indirectly by you;

(d) Violation of any law or regulation by you.

Miscellaneous

Customer Disputes
The Company is not responsible for addressing any disputes that may arise between any Customers and/or disputes between any Customer(s) and Take Partner Restaurant(s). In the event of a concern, claim or dispute, the Customer shall communicate directly with the other party in resolving such concern, claim or dispute.
In the event the Company receives complaints about a Customer, the Company will investigate the complaint at our sole discretion and may request the Customer to respond to the other party directly.

Third- Party Rights
If a Customer downloads the App from the iTunes®Store, Google Play, or otherwise, the Customer acknowledges and agrees that Apple, Google and their subsidiaries, are third-party beneficiaries of these Terms, and that Upon acceptance of these Terms, these third-parties may seek to elect their right to enforce these Terms against the Customer.
The Customer accepts and acknowledges that the license to use the Website, App and the Company Service is conditioned upon compliance with all third-party terms of the agreement.
Entire Agreement and Severability
These Terms, together with any amendments, states the entire Agreement between the Company and Customer concerning the Company Service.
If any provision of these Terms are found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement will be enforced as if such provision was not included.
No Waiver

1. No waiver of any terms of these Terms shall be deemed a further or continuing waiver of such term or any other term.
The Company’s failure to assert any right or remedy, or provision, under these Terms shall not constitute a waiver of that or any other single or partial exercise of any right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
Assignment
All operative provisions contained therein these Terms shall remain in full force and effect where the Company has lawfully assigned, transferred or sub-contracted any rights, licenses, or otherwise that are subject to these Terms to any third-party.
Except as otherwise agreed, the Customer warrants that he/she will not directly or indirectly assign, transfer, sub-contract, or otherwise any rights, licenses or otherwise that are subject to these Terms to any third-party or deal with in any way, by operation of law, without the prior written consent of Company.
Third-Party Links
The Company Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company.
The Company will not endorse or assume any responsibility for any such third-party sites, information, materials, products or service that is contained on our Website and App.
Should the Customer elect to access our App or Website or Company Services through a third-party website, such as through Facebook, Instagram or Twitter, or other, the Customer shall assume all risks in doing so.
The Content published is strictly for the purpose of providing the Customer with the Company Service in accordance these Terms, and the Customer acknowledges and accepts that he has understood that these Terms and Privacy Policy do not apply to his/her use of these third-party sites.
The Customer shall expressly release the Company from any liability that may arise out of his/her use of any third-party website, service or content.
The Customer accepts and acknowledges that any engagement, including but not limited to making Pick-up Order at the Takeaway Partner Restaurant(s), and subsequent payment and completion of the Pick-up Order, and any other terms (such as warranties) are strictly between the Customer and these respective third parties.
The Company shall not be responsible for any loss or damage of any sort in relation to the actions or omissions between any Customer and any third-party.
International Use

The Customer shall acknowledge and accept compliance with all applicable laws regarding the transmission of technical data exported from the United Kingdom of the Country in which the Customer resides in, outside of the UK, and with such local laws and regulations regarding the use and conduct on the internet.

Governing Law and Jurisdiction