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1.
Introduction
Last
updated 16 February, 2007.
This website (the "Site") is owned and operated by NO1ICT.COM
TRADING as Takeawayexpress.com. Your access to, use of, placing
of an order, linking to the Site, use of software or downloading
software on the Site (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 Site ("Terms of Use"). If you do not agree with the Terms
of Use, exit this Site.
Your Access to the Site constitutes your agreement to be bound
by the Terms of Use. We reserve the right to amend the Terms
of Use at any time and you should periodically refer to them
on this page and elsewhere on this site.
These Terms of Use apply to the use of this website ("Site"),
and by accessing this Site and/or placing an order you agree
to be bound by the terms and conditions set out below.
The Terms of Use of this Site do not affect your statutory rights
as a consumer.
"You" and "Your" means the person using this Site to order goods
and subject to these Terms of Use.
"Takeawayexpress.com ", "We", "Us", or "Our" means:
N01 ICT.COM Limited
Registered in England and Wales
Company Registration No. 4837025.
2.
Purpose
The
purpose of this Site is to provide a simple, convenient and
cost-effective service to hungry consumers, linking them to
restaurants in their area that offer takeaway food. Interactive
menus allow customers to build and submit orders at the click
of a button.
By joining, members can view their order history, rate past
orders, introduce friends and earn discounts.
3. Disclaimers and Limitation of Liability
To
the extent permitted by law, Takeawayexpress.com provides this
Site 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 Site,
or that it will be timely or error-free, that defects will be
corrected, or that the Site or server that makes it available
are free of viruses or other harmful components.
Subject to the previous paragraph, neither Takeawayexpress.com
nor Takeawayexpress directors, officers, agents, employees or
contractors shall have any liability for any direct, indirect,
special or consequential losses or damages (including without
limitation, damages for loss of business or loss of profits),
arising in contract, tort or otherwise from the use or inability
to use this Site.
Nothing in these terms shall exclude or limits liability for
death or personal injury resulting from our negligence or that
of our agents or employees.
4.
Intellectual Property
You
may not print, copy, reproduce, download, republish, broadcast,
transmit, display, modify or re-use the materials from this
Site 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.
All copyright, trade marks and other intellectual property rights
in this Site and its content (including without limitation the
Site design, text, graphics, logos, icons, images and all software,
databases and source code connected with the Site) are owned
by or licensed to Takeawayexpress.com or otherwise used by Takeawayexpress.com
as permitted by law.
Takeawayexpress.com and the Takeaway express logo are trade
marks of Takeawayexpress.com of N01ICT.COM LTD
5.
Indemnity
You
must indemnify and hold harmless Takeawayexpress.com, 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 Site,
any breach or violation of the Terms of Use of this Site or
your violation of any law or your violation of the rights of
any third party.
6.
Availability
This
Site may be unavailable at certain times to allow for maintenance
and upgrades. Although we will endeavour to notify customers
in advance of any service unavailability, this cannot be guaranteed
and we reserve the right to alter or withdraw the service at
any time.
6.
Third Party Sites
This
Site contains links to other websites. Those websites are not
under the control of Takeawayexpress.com and Takeawayexpress.com
is not responsible for the practices, content or availability
of such websites. A link does not imply endorsement of, sponsorship
of, or affiliation with the linked site. We provide the links
as a convenience only. If you decide to access linked third
party websites, 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 websites.
You may provide a non-framed link to this Site from any other
business or service website but not in any way which gives the
impression that we are associated with or have approved such
other site, unless expressly agreed to by ourselves in writing.
7.
Limitations of Use
This
Site is intended to be accessed by persons located in the UK
and we make no representation that any information, materials
or functions included in this Site are appropriate for use in
any other jurisdiction.
By using this Site, 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 Site or contacting
us.
You agree not to impersonate any other person or entity or to
use a false name or a name that you are not authorised to use.
To use our service you must be over 18 years of age.
You are not allowed to register multiple memberships for use
by the same person. Violation of this clause may result in termination
of your membership.
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.
You may not use the Site for any unlawful or unauthorised purpose,
including without limitation:
distributing
any unlawful, libellous, abusive, threatening, harmful, obscene
or otherwise objectionable material
transmitting
material that constitutes a criminal offence, results in civil
liability or otherwise breaches any laws, regulations or codes
of practice.
Interfering
with any other persons use or enjoyment of the Site.
Damaging,
disabling or impairing the operation of this Site or attempting
to gain unauthorised access to this Site or to networks connected
to it, through hacking, spoofing or other such similar means.
8.
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.
9.
Placing an order
Takeawayexpress.com
endeavours to deal with reputable third parties who provide
a quality service, however hungryhouse.com accepts no responsibility
or liability for the quality or quantity of any goods 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.
All questions regarding goods shown on this Site should be directed
to the partner restaurant.
After you submit an order to us, we will give you an Order Number
and send the details of this order in an email. Please note
that this is acknowledgement of your order, not acceptance.
Acceptance of your order will only occur when we send you a
further email confirming that the restaurant has received and
accepted your order. If the restaurant is unable to fulfil your
order you will receive an email stating that your order has
been declined.
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.
All food preparation and deliveries are the sole responsibility
of the restaurant accepting the order. Please be aware that
the restaurant will do everything they can to meet the delivery
time you specified, however delivery times may be affected by
factors beyond their control and therefore cannot be guaranteed.
We will inform you if we become aware of an unexpected delay.
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.
Members can track the progress of their orders by viewing their
Order History.
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Alcohol
and Cigarettes
Pursuant to the Licensing Act 1964, it is an offence for any
person under the age of 18 to buy, or attempt to buy, intoxicating
liquor, or for any person over the age of 18 to buy intoxicating
liquor on behalf of any person under the age of 18. Cigarettes
are not for sale to minors under the age of 16. Orders containing
either alcohol or cigarettes can therefore not be accepted from
minors.
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Payment
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. Payment is made directly
to the no1 ict,com ltd fulfilling the order. If you have chosen
to pay with credit or debit card then we will send your card
details securely with the order for processing.
All prices are inclusive of VAT and quoted in British (Sterling)
Pounds.
Delivery charges are calculated per order and based on the delivery
policy of the individual restaurant. Any delivery charges will
be displayed clearly in your Order Summary.
Prices are subject to change and all goods are subject to availability.
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Cancellation
You have the right to cancel an order up within five mins to
the point the order is sent to the restaurant. Normally, this
is approximately 45 minutes before the time you requested delivery
or collection of the order.
Members can cancel an order via their Order History, while guests
can use the "Cancel order" link in the confirmation email they
received.
While every effort is made to ensure that accurate pricing and
descriptions are maintained, we reserve the right to cancel
any order that is based on inaccurate information.
An order may be subsequently cancelled by a restaurant after
you have received an email stating the order has been accepted.
Takeawayexpress.com and our partner restaurants reserves the
right to cancel any order, before or after acceptance, and will
notify you immediately of any such cancellation.
a.
Member Ratings
The
ratings contained on this Site 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 registered
members and any statements, advice or opinions made by such
members are those of such members only.
b.
Introduce a Friend
The
following terms apply to introducing a friend to join the
Site:
- -
You
must be a member of the Site to gain the reward for introducing
a friend.
-
-By
introducing a friend and providing their email address,
you authorise us to forward that introduction via email
from you to that friend.
- -
To
gain the reward, you must use the online introduction form
provided on our Site.
- You
may receive a reward upon the first order placed by your
friend with the following qualifications:
- - your
friend must join using the same email address you sent
the introduction to.
- -
your
friend must join within two weeks of receiving their introduction
email
- -
Members
will be notified by email when their friend has ordered
and they have received their reward.
- - All
introductions and orders are subject to verification. Any
attempt to falsely represent somebody as a friend in this
context or violate these terms will result in the cancellation
of the reward and may result in termination of membership.
- -
Order
Discount Credit has no monetary value.
- -
By
introducing a friend, you agree to these terms.
c.
Termination
We
reserve the right to decline a new registration, terminate
your right to link to the Site, remove you as a user of this
Site, and/or prevent any further use if you violate any of
the Terms of Use. If we consider there to be a risk of liability
or loss to us or our partner restaurants we may take any action
deemed necessary to prevent such a liability or loss from
occurring.
If we terminate your right to link to the Site you must cease
linking to the Site immediately. Any person who holds a suspended
or terminated membership must not order from or re-join this
Site without our prior written consent. We reserve the right
to assign or sub-contract any or all of our rights and obligations
under these terms.
Please note that we have the ability to trace your IP address,
and if necessary, contact your ISP in the event of a suspected
breach of these Terms of Use.
d.
Enforceability
If
any part of these Terms of Use are deemed unlawful, void or
for any reason unenforceable, then that provision shall be
deemed severable from these Terms of Use and shall not affect
the validity and enforceability of any of the remaining provisions
of these Terms of Use.
No waiver by us shall be construed as a waiver of any preceding
or succeeding breach of any provision.
e.
Governing Law
The
Terms of Use, Privacy Policy and any matter relating to this
Site shall be governed by English law and any dispute shall
be resolved exclusively in the courts of England.
We
recommend you print a copy of these Terms of Use for your future
reference.
If you have any questions regarding these Terms of Use or any
aspect of our service please Contact
Us
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