1.1.
INTRODUCTION AND OUR ROLE
1.1.1.
Company details
: Supermeal Holding trading as SUPERMEAL is a
company registered in England and Wales with registered company number 09350786
Unit A Aston Seedbed Centre, Avenue Road, Birmingham, England, B7 4NT
1.1.2.
VAT number
: Our VAT number is 5951715724
1.1.3.
Service
: We provide a way for you to communicate your orders
("Orders") for products ("Products") to delivery or
takeaway restaurants ("Restaurants") displayed on the Website (the
"Service").
1.2.
WEBSITE ACCESS AND TERMS
1.2.1.
Website access
: You may access some areas of the Website
without making an Order or registering your details with us. Most areas of the
Website are open to everyone.
1.2.2.
Acceptance of terms
: By accessing any part of the Website, you
indicate that you accept these Website Terms. If you do not accept these
Website Terms, you should leave the Website immediately, and you will not be
able to order any Products through the Website.
1.2.3.
Revision of terms
: We may revise these Website Terms at any
time. You should check the Website regularly to review the current Website
Terms, because they are binding on you. You will be subject to the policies and
terms and conditions in force at the time that you place an Order through us.
1.2.4.
Responsibility
: You are responsible for making all
arrangements necessary for you to have access to the Website. You are also
responsible for ensuring that all persons who access the Website through your
Internet connection are aware of these Website Terms and that they comply with
them.
1.3.
YOUR STATUS
1.3.1.
Capacity and age
:
By placing an Order through the
Website, you warrant that:
1.3.1.1.
You
are legally capable of entering into binding contracts; and
1.3.1.2.
You
are at least 18 years old.
1.3.1.3.
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.
1.3.1.4.
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.
1.3.2.
Alcohol and cigarettes: Furthermore,
you acknowledge and agree that:
1.3.2.1.
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;
1.3.2.2.
Cigarettes
are not for sale to persons under the age of 18; and
1.3.2.3.
Orders
containing either alcohol or cigarettes can therefore not be accepted from or
on behalf of persons under the age of 18.
1.3.2.4.
Proof
of age may be demanded by the delivery driver. If this is not provided the
order will not be delivered and a refund will not be made.
1.4.
HOW TO MAKE AN ORDER AND HOW IT
IS PROCESSED
1.4.1.
Compiling your Order
: Once you have selected the Products you wish
to order from the menu of your chosen Restaurant and provided the other
required information, you will be given the opportunity to submit your Order by
clicking or selecting the "proceed", "place my order" or similar
button. It is important that you check all the information that you enter and
correct any errors before clicking or selecting this button; once you do so we
will start processing your Order and errors cannot be corrected.
1.4.1.1.
Note that pictures of the product are for
illustrative purposes only and may not represent the actual product delivered. Neither
Supermeal nor the Restaurant are responsible for this discrepancy.
1.4.2.
Amending or cancelling your Order
: Once you have submitted your Order and your
payment has been authorised, you will not be entitled
to change or cancel your Order, nor will you be entitled to a refund (please
refer to paragraph 4.5 for details of the process relating to rejected Orders).
If you wish to change or cancel your Order, you may contact our Customer Care
team as described in paragraph 6.3 and they will attempt to contact the
Restaurant in order to communicate your requests. However, there is no
guarantee that we will be able to reach the Restaurant or that the Restaurant
will agree to your requests as they may have already started processing your
Order.
1.4.3.
Payment authorisation
: Where any payment you make is not authorised, your Order will not be processed or
communicated to the relevant Restaurant.
1.4.4.
Processing your Order and Restaurant
rejections
: On
receipt of your Order, we will begin processing it by sending it to the
relevant Restaurant and will notify you by email that your Order has been
received and is being processed. Please note that any confirmation page that
you may see on the Website and any Order confirmation e-mail that you may
receive each merely indicate that your Order has been received and is being
processed by us, and does not necessarily mean that your Order has been
accepted by the Restaurant. We encourage all our Restaurants to accept all
Orders and to communicate any rejection promptly, and we will notify you ( by email or text) as soon as reasonably practicable if a
Restaurant rejects your Order. However, Restaurants have the discretion to
reject Orders at any time because they are too busy, due to weather conditions
or for any other reason.
1.4.5.
Delivery of your Order
: Estimated times for deliveries and
collections are provided by the Restaurants and are only estimates. Neither we
nor the Restaurants guarantee that Orders will be delivered or will be
available for collection within the estimated times.
1.4.6.
Contact number
: Please ensure that the mobile number or
landline number you provided is a working phone as we may send your order
acceptance confirmation to your mobile number or confirmation call on landline
number.
1.5.
PRICE AND PAYMENT
1.5.1.
VAT and delivery
costs: Prices will be as quoted on the Website. These prices include VAT
but may exclude delivery costs (if you opt for delivery instead of collection)
and any online payment administration charge imposed by the Restaurant (if you
pay for your Order online). These will be added to the total amount due where
applicable.
1.5.2.
Incorrect
pricing: This Website contains a large number of menus and it is possible
that some of the menus may include incorrect prices. If the correct price for
an Order is higher than the price stated on the Website, we will normally
contact you before the relevant Order is dispatched. In such an event, neither
we nor the relevant Restaurant is under any obligation to ensure that the Order
is provided to you at the incorrect lower price or to compensate you in respect
of incorrect pricing.
1.5.3.
Payment methods
: Payment for Orders must be made by an
accepted credit or debit card through the Website or in cash to the Restaurant
at the point of delivery to you. If you pay by credit or debit card, our
website will require CVV2/CVC2 verification. Our website also supports 3D
Secure transactions.
1.5.4.
Card payments
: If you pay by credit or debit card, you will
be required to show the card to the Restaurant at the time of delivery as proof
of identification and so that they can check that the card conforms with the
receipt data for the Order. Please note that from time to time there may be
delays with the processing of card payments and transactions; this may result
in payments taking up to sixty (60) days to be deducted from your bank account
or charged to your credit or debit card.
1.5.5.
Credit and discount vouchers
: A credit or discount may apply to your Order
if you use a promotional voucher or code recognised
by the Website and endorsed by SUPERMEAL, and you pay for any balance by credit
or debit card. Please refer to our
Voucher Terms & Conditions
for the full terms and conditions applicable
to the use of credit and discount vouchers. Please note that because of
standard banking procedures, your bank or card issuer will initially
"ring-fence" the full amount of the Order (before any credit or
discount) in your account for between 3 to 5 working days (or longer, depending
on your bank or card issuer), and this amount will therefore be unavailable in
your account for that period. The credit or discount will be applied at the
time your bank or card issuer transfers the funds for your Order to us, at
which point the credit or discounted amount will not be transferred to us and
will instead be released by your bank or card issuer back into your available
balance. You acknowledge and agree that neither we nor the relevant Restaurant
will be responsible or liable to you in relation to this delay by your bank or
card issuer in the release of funds back into your account.
1.5.6.
Rejected Orders
: Because of standard banking procedures, once
you have submitted an Order that you are paying for by credit or debit card and
your payment has been authorised, your bank or card
issuer will "ring-fence" the full amount of your Order. If your Order
is subsequently rejected by the Restaurant (as described in paragraph 4.5
above) or cancelled for any other reason, your bank or card issuer will not
transfer the funds for the Order to us, and will instead release the relevant
amount back into your available balance. However, this may take between 3 to 5
working days (or longer, depending on your bank or card issuer). You
acknowledge and agree that neither we nor the relevant Restaurant will be
responsible or liable to you in relation to this delay by your bank or card
issuer in the release of funds back into your account.
1.5.7.
Reward Points/Cash
: Members of the Site have the opportunity to
collect cash-back rewards when ordering from participating restaurants on
supermeal.co.uk (indicated by the presence of a special icon). Cash-back is
earned when an order is placed with a participating restaurant on the Site and
the order is Accepted by the given restaurant. Cash are collected against all
order and against all restaurants. You may earn a maximum number of cash per
restaurant per day depending upon the order total and cash-back percentage.
Once you have collected more than 10 UK Sterling Pounds or more, you are able
to spend them. The earned cash is shown in eWallet.
Cash-back percentage for
every Restaurant may change without notice, and the offer may be withdrawn
either from individual restaurants or from the whole of the Site without prior
notice and with immediate effect. In such circumstances, any discounts due and
cash-back collected will be void, and neither the restaurants nor
supermeal.co.uk may be held liable for any losses incurred as a result.
The cash-back reward is
non-exchangeable, and may only be used as described in these Terms of Use.
1.5.8.
Cashback Redemption
:
1.5.8.1. Cashback will be applied to Items Cost only.
1.5.8.2. Cashback is not applied when using a Voucher Offer.
1.5.8.3.
You can redeem up to 80% of your available cashback
balance.
1.5.8.4.
Services charges such as Delivery Charges, VAT are
not included in Cashback.
1.5.9.
Cashback Expiry:
The cashback in your Supermeal wallet will expire if you fail to place a successful order on Supermeal for a duration of 90 days. After expiry, your full cashback balance will be reset to 0 (zero). Once expired, you cannot claim your cashback. However, if you place an order after your balance is reset to 0 (zero), you will receive cashback according to the restaurant’s and Supermeal’s cashback offering.
1.5.10.
The Payment
Provider must be financially liable for Chargebacks and resolve disputes
between Cardholders and retailers by providing either
1.5.10.1.
A decision that binds both Cardholder and retailer
or
1.5.10.2. A money-back guarantee funded by the Marketplace.
1.6.
CUSTOMER CARE
1.6.1.
General
: Customer care is extremely important to us. Subject to paragraphs
6.5 and 11, our Customer Care team will therefore try to assist you where
possible if you have any problems with your Order. You can contact our Customer
Care team by clicking or selecting the "Help" or similar button or by
calling the telephone number shown on the Website.
1.6.2.
Questions about your Order
: If your Order is taking longer than expected
or you have any other problems with your Order, you can contact our Customer
Care Team as described above and one of our Customer Care Advisers will attempt
to contact the Restaurant in order to follow up on your query.
1.6.3.
Changing or cancelling your Order
: If you wish to change or cancel your Order
after it has been submitted and payment has been authorized, you may contact
our Customer Care team as described above and they will attempt to contact the
Restaurant in order to communicate your requests. However, there is no
guarantee that we will be able to reach the Restaurant or that the Restaurant
will agree to your requests as they may have already started processing your
Order.
1.6.4.
Complaints or feedback
: In the event that you are dissatisfied with
the quality of any Products or the service provided by a Restaurant, please
consider providing feedback in the form of ratings, comments and reviews on the
Website (together, "Reviews") to reflect your experience. The Reviews
are an important part of our quality control process. Supermeal may remove any
comments that it determines in its sole discretion. The Restaurant will have a
right to comment on your feedback.
1.6.5.
Compensation
: If you are dissatisfied with the quality of
any Products or the service provided by a Restaurant and wish to seek a refund,
a proportionate price reduction or any other compensation, you should contact
the Restaurant directly to lodge your complaint and, where appropriate, follow
the Restaurant's own complaint procedures. If you are unable to contact the
Restaurant, or the Restaurant refuses to deal with your complaint, you can
contact our Customer Care Team as described above within 48 hours of placing
your Order and one of our Customer Care Advisers will attempt to contact the
Restaurant in order to request compensation on your behalf. Please note that we
have no control over Restaurants and the quality of the Products or service
that they provide, and we not able to provide, and have no responsibility or
liability for providing, any compensation to you on behalf of any Restaurant.
1.7.
LICENCE
1.7.1.
Terms of permitted use
: You are permitted to use the Website and
print and download extracts from the Website for your own personal
non-commercial use on the following basis:
1.7.1.1.
You must not misuse the Website (including by
hacking or "scraping").
1.7.1.2.
Unless otherwise stated, the copyright and other
intellectual property rights in the Website and in material published on it
(including without limitation photographs and graphical images) are owned by us
or our licensors. These works are protected by copyright laws and treaties
around the world and all rights are reserved. For the purposes of these Website
Terms, any use of extracts from the Website other than in accordance with
paragraph 7.1 is prohibited.
1.7.1.3.
You must not modify the digital or paper copies of
any materials that you print off in accordance with paragraph 7.1 and you must
not use any pictures, photographs or any other graphics, video or audio
sequences separately from any accompanying text.
1.7.1.4.
You must ensure that our status as the author of the
material on the Website is always acknowledged.
1.7.1.5.
You are not allowed to use any of the materials on
the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
1.7.2.
Limitation on use
: Except as stated in paragraph 7.1, the
Website may not be used, and no part of the Website may be reproduced or stored
in any other website or included in any public or private electronic retrieval
system or service, without our prior written permission.
1.7.3.
Reservation of rights
: Any rights not expressly granted in these
Website Terms are reserved.
1.8.
SERVICE ACCESS
1.8.1.
Website availability:
While we try to ensure the Website is normally
available twenty four (24) hours a day, we do not undertake any obligation to
do so, and we will not be liable to you if the Website is unavailable at any
time or for any period.
1.8.2.
Suspension of access:
Access to the Website may be suspended temporarily
at any time and without notice.
1.8.3.
Information security:
The transmission of information via the internet is
not completely secure. Although we take the steps required by law to protect
your information, we cannot guarantee the security of your data transmitted to
the Website; any transmission is at your own risk.
1.9.
VISITOR MATERIAL AND REVIEWS
1.9.1.
General
:
1.9.1.1.
Other than personally identifiable information,
which is covered under our
Privacy Policy
, any material you post, upload or transmit or upload to the Website
(including without limitation Reviews) ("Visitor Material") will be
considered non-confidential and non-proprietary. By posting, uploading or
transmitting any Visitor Material, you represent and warrant that you own or
otherwise control all of the rights to such Visitor Material. You agree that we
will have no obligations with respect to any Visitor Material, and that we and
anyone we designate will be free to copy, disclose, distribute, incorporate and
otherwise use any Visitor Material and all data, images, sounds, text and other
things embodied in it for any and all commercial or non-commercial purposes.
1.9.1.2.
You represent and warrant that that any Visitor
Material you post, upload or transmit does not and will not breach any of the
restrictions in paragraphs 9.2 to 9.3 below.
1.9.2.
Visitor Material Policy
: You are prohibited from posting, uploading or
transmitting to or from the Website any Visitor Material (including any
Reviews) that:
1.9.2.1.
breaches any applicable local, national or international
law;
1.9.2.2. is unlawful or fraudulent;
1.9.2.3. amounts to unauthorized advertising; or
1.9.2.4. contains viruses or any other harmful programs.
1.9.3.
Visitor Reviews Policy
: In particular (but without limitation), any
Reviews that you submit through the Website must not:
1.9.3.1.
contain any defamatory, obscene or offensive
material;
1.9.3.2. promote violence or discrimination;
1.9.3.3.
infringe the intellectual property rights of another
person;
1.9.3.4.
breach any legal duty owed to a third party (such as
a duty of confidence);
1.9.3.5.
promote illegal activity or invade another's
privacy;
1.9.3.6. give the impression that they originate from us; or
1.9.3.7.
be used to impersonate another person or to
misrepresent your affiliation with another person.
1.9.4.
Removal of Reviews
: The prohibited acts listed in paragraphs 1.9.2
and 1.9.3 above are non-exhaustive. We reserve the right (but do not undertake,
except as required by law, any obligation) and have the sole discretion to
remove or edit at any time any Reviews or other Visitor Material posted,
uploaded or transmitted to the Website that we determine breaches a prohibition
in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or
any third parties to any harm or liability of any type, or for any other
reason.
1.9.5.
Use of Reviews
: The Reviews and other Visitor Material contained
on the Website are for information purposes only and do not constitute advice
from us. Reviews and Visitor Material reflect the opinions of customers who
have ordered through the Website or other third parties, and any statements,
advice or opinions provided by such persons are theirs only. Accordingly, to
the fullest extent permitted by law, we assume no responsibility or liability
to any person for any Reviews or other Visitor Material, including without
limitation any mistakes, defamation, obscenity, omissions or falsehoods that
you may encounter in any such materials.
1.9.6.
Liability
: You agree to indemnify us against any losses,
damages and claims (and all related costs) incurred by or made against us by a
Restaurant or any other third party arising out of or in connection with any
Reviews or other Visitor Material that you provide in breach of any of the
representations and warranties, agreements or restrictions set forth in this
paragraph 9.
1.9.7.
Disclosure to authorities and courts
: You acknowledge that we will fully co-operate
with any competent authority requesting or directing us to disclose the
identity or location of anyone posting any Reviews or other Visitor Material in
breach of paragraph 9.2 or 9.3 or any other applicable restriction and you
release us to the fullest extent permitted by law from all liability in
relation to such disclosure.
1.9.8.
Confidential materials
: 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.
1.10.
LINKS TO AND FROM OTHER WEBSITES
1.10.1.
Third party websites
: Links to third party websites on the Website
are provided solely for your convenience. If you use these links, you leave the
Website. We have not reviewed and do not control any of these third party
websites (and are not responsible for these websites or their content or
availability). We do not endorse or make any representation about these
websites, their content, or the results from using such websites or content. If
you decide to access any of the third party websites linked to the Website, you
do so entirely at your own risk.
1.10.2.
Linking permission
: You may link to the Website's homepage
(www.supermeal.co.uk), provided that:
1.10.2.1.
you do so in a
fair and legal way which does not damage or take advantage of our reputation;
1.10.2.2.
you do not
establish a link from a website that is not owned by you or in a way that
suggests a form of association with or endorsement by us where none exists;
1.10.2.3.
any website from
which you link must comply with the content standards set out in these Website
Terms (in particular paragraph 9 (Visitor Materials and Reviews));
1.10.2.4.
we have the
right to withdraw linking permission at any time and for any reason.
1.11.
DISCLAIMERS
1.11.1.
Website information
: While we try to ensure that information on
the Website is correct, we do not promise it is accurate or complete. We may
make changes to the material on the Website, or to the Service, Products and
prices described on it, at any time without notice. The material on the Website
may be out of date, and we make no commitment to update that material.
1.11.2.
Allergy, dietary and other menu
information
: We try to
accurately copy the item names, descriptions, prices, special offer
information, heat and allergenic warnings and other information ("Menu
Information") from the menus that are provided to us by Restaurants.
However, it is the Restaurants that are responsible for providing this Menu
Information and ensuring that it is factually accurate and up-to-date, and we
do not undertake any such responsibility. If you are in doubt about allergy
warnings, contents of a dish or any other Menu Information, you should confirm
with the Restaurant directly before ordering.
1.11.3.
Restaurant actions and omissions
: The legal contract for the supply and
purchase of Products is between you and the Restaurant that you place your
Order with. We have no control over the actions or omissions of any
Restaurants. Without limiting the generality of the foregoing, you acknowledge
and accept the following by using the Website:
1.11.3.1.
We do not give
any undertaking that the Products ordered from any Restaurant through the
Website will be of satisfactory quality or suitable for your purpose and we
disclaim any such warranties.
1.11.3.2.
Estimated times
for deliveries and collections are provided by the Restaurants and are only estimates.
Neither we nor the Restaurants guarantee that Orders will be delivered or will
be available for collection within the estimated times.
1.11.3.3.
We encourage all
our Restaurants to accept all Orders and to communicate any rejection promptly,
and we will notify you (generally by email) as soon as reasonably practicable
if a Restaurant rejects your Order. However, we do not guarantee that
Restaurants will accept all Orders, and Restaurants have the discretion to
reject Orders at any time because they are too busy, due to weather conditions
or for any other reason.
1.11.3.4.
The foregoing disclaimers do not affect your
statutory rights against any Restaurant.
1.11.4.
Exclusion of terms
: We provide you with access to the Website and
Service on the basis that, to the maximum extent permitted by law, we exclude
all representations, warranties, conditions, undertakings and other terms in
relation to the Website and Service (including any representations, warranties,
conditions, undertakings and other terms which might otherwise apply to the
Website or Service, or be otherwise implied or incorporated into these Website
Terms, by statute, common law or otherwise).
1.12.
LIABILITY
1.12.1.
General
: Nothing in these Website Terms excludes or limits our liability
for death or personal injury arising from our negligence, our liability for
fraudulent misrepresentation, or any other liability which cannot be excluded
or limited under applicable law. Nothing in these Website Terms affects your
statutory rights.
1.12.2.
Exclusion of liability
: Subject to clause 12.1, we will under no
circumstances whatever be liable to you, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, even if foreseeable,
arising under or in connection with the Service or the Website (including the
use, inability to use or the results of use of the Service or the Website) for:
1.12.2.1.
any loss of
profits, sales, business, or revenue;
1.12.2.2.
loss or
corruption of data, information or software;
1.12.2.3.
loss of business
opportunity;
1.12.2.4.
loss of
anticipated savings;
1.12.2.5.
loss of goodwill;
or
1.12.2.6.
any indirect or
consequential loss.
1.12.3.
Limitation of liability:
Subject to clauses 1.11, 1.12.1 and 1.12.2, our
total liability to you in respect of all other losses arising under or in
connection with the Service or the Website, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, shall in no
circumstances exceed twice the value of your Order or £100, whichever is lower.
1.12.4.
Additional costs
: You assume full and sole responsibility for
any additional or associated costs that you may incur in connection with or as
a result of your use of the Website, including without limitation costs
relating to the servicing, repair or adaptation of any equipment, software or
data that you may own, lease, license or otherwise use.
1.13.
TERMINATION
1.13.1.
Grounds for termination:
We may terminate or suspend (at our absolute
discretion) your right to use the Website and the Service immediately by
notifying you in writing (including by email) if we believe in our sole
discretion that:
1.13.1.1.
you have used
the Website in breach of paragraph 7.1 (License);
1.13.1.2.
you have posted
Reviews or other Visitor Material in breach of paragraphs 1.9.2 or 1.9.3
(Visitor Material and Reviews);
1.13.1.3.
you have
breached paragraph 10.2 (Links to and from other websites); or
1.13.1.4.
you have
breached any other material terms of these Website Terms.
1.13.2.
Obligations upon termination
: Upon termination or suspension you must
immediately destroy any downloaded or printed extracts from the Website.
1.14.
WRITTEN COMMUNICATIONS
1.14.1.
Applicable laws
require that some of the information or communications we send to you should be
in writing. When using the Website or ordering Products via the Website, you
accept that communication with us will be mainly electronic. We will contact
you by email or provide you with information by posting notices on the Website.
For contractual purposes, you agree to this electronic means of communication
and you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any legal
requirement that such communications be in writing. This condition does not
affect your statutory rights.
1.15.
EVENTS OUTSIDE OUR CONTROL
1.15.1.
We will not be
liable or responsible for any failure to perform, or delay in performance of,
any of our obligations under these Website Terms that is caused by events
outside our reasonable control ("Force Majeure Event").
1.15.2.
A Force Majeure
Event includes any act, event, non-occurrence, omission or accident beyond our
reasonable control and includes in particular (without limitation) the
following:
1.15.2.1.
strikes,
lock-outs or other industrial action;
1.15.2.2.
civil commotion,
riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war;
1.15.2.3.
fire, explosion,
storm, flood, earthquake, subsidence, epidemic or other natural disaster;
1.15.2.4.
impossibility of
the use of railways, shipping, aircraft, motor transport or other means of
public or private transport;
1.15.2.5.
impossibility of
the use of public or private telecommunications networks; and
1.15.2.6.
the acts,
decrees, legislation, regulations or restrictions of any government.
1.15.3.
Our performance
under these Website Terms is deemed to be suspended for the period that any
Force Majeure Event continues, and we will have an extension of time for
performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or
to find a solution by which our obligations under these Website Terms may be
performed despite the Force Majeure Event.
1.16.
ADDITIONAL TERMS
1.16.1.
Privacy Policy
: We are committed to protecting your privacy
and security. All personal data that we collect from you will be processed in
accordance with our Privacy Policy. You should review our
Privacy Policy
, which is incorporated into these Website Terms by this reference and
is
available here
.
1.16.2.
Other terms
: You should also review our
Cookies Policy
for information regarding how and why we use cookies to improve the
quality of the Website and Service, our
Voucher Terms and Conditions
for information regarding the use of credits
and promotional discounts on the Website, and our
Competitions Terms and Conditions
for information regarding the terms applicable
to competitions that we may run from time to time. All of these are
incorporated into these Website Terms by this reference.
1.16.3.
Severability
: If any of these Website Terms are determined
by any competent authority to be invalid, unlawful or unenforceable to any
extent, such term, condition or provision will to that extent be severed from
the remaining terms, conditions and provisions which will continue to be valid
to the fullest extent permitted by law.
1.16.4.
Entire agreement
: These Website Terms and any document
expressly referred to in them constitute the whole agreement between you and us
and supersede all previous discussions, correspondence, negotiations, previous
arrangement, understanding or agreement between us relating to the subject
matter of any contract.
1.16.5.
No waiver
: Any failure or delay by you or us in
enforcing (in whole or in part) any provision of these Website Terms will not
be interpreted as a waiver of your or our rights or remedies.
1.16.6.
Assignment
: You may not transfer any of your rights or
obligations under these Website Terms without our prior written consent. We may
transfer any of our rights or obligations under these Website Terms without
your prior written consent to any of our affiliates or any business that we
enter into a joint venture with, purchase or are sold to.
1.16.7.
Headings
: The headings in these Website Terms are included for convenience
only and shall not affect their interpretation.
1.17.
GOVERNING LAW AND JURISDICTION
1.17.1.
These Website
Terms shall be governed by and construed in accordance with English law.
Disputes or claims arising in connection with these Website Terms (including
non-contractual disputes or claims) shall be subject to the exclusive
jurisdiction of the English courts.
If you have made an online
purchase from Supermeal, we will delete the stored data upon request (via
email) to support@Supermeal.co.uk OR operations@Supermeal.co.uk,
upon closure of your account, or after 5 years. A member of Supermeal’s
technical team can delete data from the database whenever required. This data
is deleted from the system immediately and cannot be recovered by any users or
SUPERMEAL employees after this point. Data which has been deleted or otherwise
destroyed cannot be recovered at any time. Sufficient warning is given to the
account administrator before data are permanently deleted.
Data may still remain in the systems back-up files, which are deleted periodically.
Information may be deleted from our CRM upon request to support@Supermeal.co.uk OR operations@Supermeal.co.uk.
We undertake to perform the deletion within one month (30 calendar days) and
will send you a confirmation once the information has been deleted. Wherever
possible, we will aim to complete the request in advance of the deadline.
