Terms & Conditions
IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions ("Website Terms") on which we, FoodX ("we", "us" or "FoodX"), provide our services through our website and any FoodX mobile website or application through which you access our website or services (together, the “Website”). Please read these Website Terms carefully before ordering any products through the Website, as your purchase of any products offered on the Website is subject to these Website Terms. By ordering products via the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
We reserve the right to amend these Website Terms at any time by updating them on this page. You are advised to check this page regularly and print a copy of these Website Terms for future reference. These Website Terms are available only in the English language.
Use of your personal information submitted via the Website is governed by our Privacy Policy and Cookies Policy.
For the avoidance of doubt, references to "Website" in these Website Terms include any current or future version of the Restaurant Website on which these terms are made available, any Restaurant feedback forms, and any FoodX mobile applications through which you access our website or services, regardless of the platform or device used, including mobile websites, applications, or affiliate platforms that may be developed in the future.
By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave the Website immediately and you will not be able to order any products through it.
I. TERMS AND CONDITIONS OF USE AND SALE
1. OUR ROLE
1.1 Product Orders and/or Service: FoodX provides a platform that enables you to communicate your orders ("Orders") for products ("Products") to the delivery or takeaway restaurant ("Restaurant") displayed on the Website (the "Service"). The legal contract for the supply and purchase of Products is strictly between you and the Restaurant with which you place your Order. FoodX acts only as an agent on behalf of the Restaurants and processes orders accordingly.
1.2 Contract: The legal contract for the supply and purchase of Products is between the Customer and the Restaurant. All payments, whether made by cash or card, are taken and concluded by the Restaurant.
2. WEBSITE ACCESS AND TERMS
2.1 Website access: You may access certain areas of the Website without placing an Order or registering your details. Most areas of the Website are accessible to all users.
2.2 Acceptance of terms: By accessing any part of the Website, you confirm that you accept these Website Terms. If you do not accept these Website Terms, you must leave the Website immediately and will not be able to order any Products.
2.3 Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current version, as it will apply to all Orders placed.
2.4 Responsibility: You are responsible for making all arrangements necessary for access to the Website and for ensuring that any person accessing the Website through your internet connection is aware of and complies with these Website Terms.
3. YOUR STATUS
3.1 Capacity and age: By placing an Order through the Website, you confirm that you are legally capable of entering into binding contracts and that you are at least 18 years of age.
3.2 Alcohol and cigarettes: You acknowledge that it is an offence for persons under the age of 18 to purchase or attempt to purchase alcohol or cigarettes. Orders containing such items will not be accepted from or on behalf of persons under the age of 18.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1 Compiling and submitting your Order: Once you have selected the Products you wish to order and provided the required information, you will be given the opportunity to submit your Order. It is your responsibility to check all details before submission, as errors cannot be corrected once the Order has been placed. By submitting your Order, you are making an offer to purchase Products which, if accepted by the Restaurant, creates a binding contract.
4.2 Amending or cancelling your Order: Once your Order has been submitted and payment authorized, you will not be entitled to change or cancel your Order or receive a refund. If you wish to make changes, you must contact the Restaurant directly, although there is no guarantee that changes will be accepted.
4.3 Payment authorization: If your payment is not authorized, your Order will not be processed or sent to the Restaurant.
4.4 Processing your Order and Restaurant rejections: Upon receiving your Order, we will send it to the Restaurant and notify you that it is being processed. This notification does not constitute acceptance. Restaurants may reject Orders at their discretion, including due to capacity or other operational reasons.
4.5 Delivery of your Order: Estimated delivery or collection times are provided by Restaurants and are approximate only. Neither FoodX nor the Restaurant guarantees delivery within these timeframes.
5. PRICE AND PAYMENT
5.1 VAT and other charges: Prices listed on the Website include VAT unless otherwise stated but exclude delivery charges and any service fees, which will be added where applicable.
5.2 Incorrect pricing: If a Product is incorrectly priced, we or the Restaurant may contact you before processing the Order. There is no obligation to honour incorrect prices.
5.3 Payment methods: Payments may be made via accepted methods listed on the Website, including card, PayPal, or cash upon delivery or collection.
5.4 Card payments: If paying by card, you may be required to present the card upon delivery. Processing delays may occur, and charges may take up to sixty (60) days to appear.
5.5 Credit and discount coupons: Discounts may apply when valid vouchers are used. However, banks may temporarily hold the full amount of the Order before adjusting for discounts. FoodX is not responsible for delays in releasing funds.
5.6 Rejected Orders: If an Order is rejected, the bank will release funds back to your account, which may take several days depending on your provider.
5.7 Discount coupon codes and voucher code URLs: FoodX and Restaurants reserve the right to modify or withdraw vouchers at any time. Vouchers cannot be exchanged for cash.
5.8 FoodX Service Charge: A service charge (e.g., 90p) may apply to support platform operations and ensure service quality.
6. CUSTOMER CARE
6.1 Questions about your Order: For any issues, you should contact the Restaurant directly.
6.2 Changing or cancelling your Order: Changes are not guaranteed once an Order has been processed.
6.3 Complaints or feedback: Feedback may be submitted via email and forms part of quality monitoring.
6.4 Compensation or refunds: Any refund or compensation must be requested from the Restaurant. FoodX does not accept liability for such claims.
7. LICENCE
7.1 Terms of permitted use: You may use the Website for personal, non-commercial purposes only. You must not misuse the Website, copy materials, or use content without permission.
7.2 Limitation on use: The Website and its content may not be reproduced or stored without prior written consent.
7.3 Reservation of rights: All rights not expressly granted are reserved.
8. SERVICE ACCESS
8.1 Website availability: We do not guarantee uninterrupted access.
8.2 Suspension of access: Access may be suspended without notice.
8.3 Information security: Data transmission over the internet is not fully secure.
9. VISITOR MATERIAL AND REVIEWS
9.1 General: Any material submitted is non-confidential and may be used by FoodX.
9.2 Visitor Material Policy: You must not submit unlawful, harmful, or misleading content.
9.3 Visitor Reviews Policy: Reviews must not be offensive, defamatory, or misleading.
9.4 Liability: You agree to indemnify FoodX against claims arising from your content.
9.5 Disclosure to authorities: FoodX may disclose user information where required by law.
10. LINKS TO AND FROM OTHER WEBSITES
10.1 Third-party websites: We are not responsible for external sites.
10.2 Linking permission: Links to our Website must be fair and lawful.
11. DISCLAIMERS
11.1 Website information: Information may not always be accurate or up to date.
11.2 Menu information: Restaurants are responsible for menu accuracy.
11.3 Restaurant actions: FoodX has no control over Restaurants or product quality.
11.4 Exclusion of terms: All implied warranties are excluded where permitted by law.
12. LIABILITY
12.1 General: Nothing excludes liability for death, injury, or fraud.
12.2 Exclusion of liability: FoodX is not liable for indirect losses, including loss of profit or data.
12.3 Limitation of liability: Total liability is limited to £100 or the Order value, whichever is lower.
12.4 Additional costs: You are responsible for any additional costs related to Website use.
13. TERMINATION
13.1 Grounds for termination: Access may be terminated for breaches of these Terms.
13.2 Obligations upon termination: You must destroy any downloaded materials.
14. WRITTEN COMMUNICATIONS
14.1 Communications will primarily be electronic, and you agree to this method.
15. EVENTS OUTSIDE OUR CONTROL
15.1 FoodX is not responsible for events beyond its control.
15.2 These include natural disasters, strikes, war, or system failures.
15.3 Obligations may be suspended during such events.
16. ADDITIONAL TERMS
16.1 Privacy Policy: Applies to all personal data.
16.2 Cookies Policy: Applies to Website usage.
16.3 Severability: Invalid terms do not affect others.
16.4 Entire agreement: These Terms constitute the full agreement.
16.5 No waiver: Failure to enforce rights does not waive them.
16.6 Assignment: Rights may not be transferred without consent.
16.7 Headings: Headings are for convenience only.
16.8 Email and SMS: Communications may include marketing messages, which you can opt out of.
17. GOVERNING LAW AND JURISDICTION
17.1 These Website Terms are governed by English law, and disputes are subject to the exclusive jurisdiction of the English courts.