Privacy Policy
5th September 2014
SUPERMEAL
Website Terms and Conditions
I. Terms
and Conditions of Use and Sale
II. Privacy
Policy
III. Voucher
Terms and Conditions
IV. Competitions
Terms and Conditions
V. Cookies
Policy
SUPERMEAL WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
This page (together with our Cookies
Policy)
sets out the terms and conditions ( "Website Terms")
on which we, SuperMeal.co.uk ("we" or "SUPERMEAL"),
provide our services through our
website http://www.supermeal.co.uk
and any SUPERMEAL mobile application through which you access our
website or services (together, "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 change these Website Terms from time to time by
changing them on this page. We advise you to print a copy of these
Website Terms
for future reference. These Website Terms are 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, please note that references to "Website"
in these Website Terms include any current or future version of our
website http://www.
supermeal.co.uk and any SUPERMEAL mobile application through
which you access our website or
services, in each case whether accessed through any current or future
platform or device (including without limitation any mobile website,
mobile
application, affiliate website or related website for accessing our
website or services that may be developed from time to time).
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.
I.
TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details:
WaqarTech Limited trading as SUPERMEAL is a company registered in
England and Wales with registered company number 06817183 212 Warwick
Road, Sparkhill,
Birmingham, B11 2NB
1.2. VAT number:
Our VAT number is 104908332
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").
2. WEBSITE ACCESS AND TERMS
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.
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.
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.
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.
3. YOUR STATUS
3.1. Capacity and age:
By placing an Order through the Website, you warrant that:
3.1.1. You are legally capable of entering into binding contracts; and
3.1.2. You are at least 18 years old.
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.
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.
3.2. Alcohol and cigarettes:
Furthermore, you acknowledge and agree that:
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;
3.2.2. Cigarettes are not for sale to persons under the age of 18; and
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.
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.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
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.
4.2 Note that pictures of the product are for illustrative purposes
only and may not represent the actual product delivered. Neither
SuperMeal or the
Restaurant are responsible for this discrepancy.
4.3. 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.
4.4. Payment authorisation:
Where any payment you make is not authorised, your Order will not be
processed or communicated to the relevant Restaurant.
4.5. 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.
4.6. 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.
4.7. 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.
5. PRICE AND PAYMENT
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.
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.
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.
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.
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.
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.
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.
5.8. Cashback Redemption:
- Cashback will be applied to Items Cost only.
- Cashback is not applied when using a Voucher Offer.
- You can redeem up to 80% of your available cashback balance.
- Services charges such as Delivery Charges, VAT are not included in Cashback.
5.9
The Payment Provider must be financially liable for Chargebacks and resolve disputes between Cardholders and retailers by providing either
1) A decision that binds both Cardholder and retailer or
2) A money-back guarantee funded by the Marketplace.
6. CUSTOMER CARE
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.
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.
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 authorised, 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.
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.
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.
7. LICENCE
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:
7.1.1. You must not misuse the Website (including by hacking or
"scraping").
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.
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.
7.1.4. You must ensure that our status as the author of the material on
the Website is always acknowledged.
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.
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.
7.3. Reservation of rights:
Any rights not expressly granted in these Website Terms are reserved.
8. SERVICE ACCESS
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.
8.2. Suspension of access:
Access to the Website may be suspended temporarily at any time and
without notice.
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.
9. VISITOR MATERIAL AND REVIEWS
9.1. General:
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.
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.
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:
9.2.1. breaches any applicable local, national or international law;
9.2.2. is unlawful or fraudulent;
9.2.3. amounts to unauthorised advertising; or
9.2.4. contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy:
In particular (but without limitation), any Reviews that you submit
through the Website must not:
9.3.1. contain any defamatory, obscene or offensive material;
9.3.2. promote violence or discrimination;
9.3.3. infringe the intellectual property rights of another person;
9.3.4. breach any legal duty owed to a third party (such as a duty of
confidence);
9.3.5. promote illegal activity or invade another's privacy;
9.3.6. give the impression that they originate from us; or
9.3.7. be used to impersonate another person or to misrepresent your
affiliation with another person.
9.4. Removal of Reviews:
The prohibited acts listed in paragraphs 9.2 and 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.
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.
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.
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.
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.
10. LINKS TO AND FROM OTHER WEBSITES
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.
10.2. Linking permission:
You may link to the Website's homepage (www.supermeal.co.uk), provided
that:
10.2.1. you do so in a fair and legal way which does not damage or take
advantage of our reputation;
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;
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));
10.2.4. we have the right to withdraw linking permission at any time
and for any reason.
11. DISCLAIMERS
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.
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.
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:
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.
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.
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.
11.3.4. The foregoing disclaimers do not affect your statutory rights
against any Restaurant.
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 ).
12. LIABILITY
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.
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 forseeable, 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:
12.2.1. any loss of profits, sales, business, or revenue;
12.2.2. loss or corruption of data, information or software;
12.2.3. loss of business opportunity;
12.2.4. loss of anticipated savings;
12.2.5. loss of goodwill; or
12.2.6. any indirect or consequential loss.
12.3. Limitation of liability:
Subject to clauses 11, 12.1 and 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.
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.
13. TERMINATION
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:
13.1.1. you have used the Website in breach of paragraph 7.1 (License);
13.1.2. you have posted Reviews or other Visitor Material in breach of
paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3. you have breached paragraph 10.2 (Links to and from other
websites); or
13.1.4. you have breached any other material terms of these Website
Terms.
13.2. Obligations upon termination:
Upon termination or suspension you must immediately destroy any
downloaded or printed extracts from the Website.
14. WRITTEN COMMUNICATIONS
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.
15. EVENTS OUTSIDE OUR CONTROL
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").
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:
15.2.1. strikes, lock-outs or other industrial action;
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;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic
or other natural disaster;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private
telecommunications networks; and
15.2.6. the acts, decrees, legislation, regulations or restrictions of
any government.
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.
16. ADDITIONAL TERMS
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.
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.
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.
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.
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.
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.
16.7. Headings:
The headings in these Website Terms are included for convenience only
and shall not affect their interpretation.
17. GOVERNING LAW AND JURISDICTION
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.
II.
SUPERMEAL PRIVACY POLICY
We are committed to protecting the privacy of all visitors to the
Website, including all visitors who access the Website or Service
through any mobile
application or other platform or device. Please read the following
Privacy Policy which explains how we use and protect your information.
We are registered with the Information Commissioner's Office (no.
Z9368102) under the Data Protection Act 1998. By visiting and/or using
the Service on the
Website, you agree and where required you consent to the collection,
use and transfer of your information as set out in this policy.
1. INFORMATION THAT WE COLLECT FROM YOU
1.1. When you visit the Website or use the Service to make an Order
from a Restaurant through the Website, you may be asked to provide
information about
yourself including your name, contact details (such as telephone and
mobile numbers and e-mail address) and payment information (such as
credit or debit
card information). We may also collect information about your usage of
the Website and Service and information about you from the materials
(such as
messages and reviews) you post to the Website and the e-mails or
letters you send to us.
1.2. By accessing SUPERMEAL information and/or the Website or Service
using mobile digital routes such as (but not limited to) mobile, tablet
or other
devices/technology including mobile applications, then you should
expect that our data collection and usage as set out in this Privacy
Policy will apply in
that context too. We may collect technical information from your mobile
device or your use of the Website or the Service through a mobile
device, for
example, location data and certain characteristics of, and performance
data about, your device, carrier/operating system including device and
connection
type, IP address, mobile payment methods, interaction with other retail
technology such as use of NFC Tags, QR Codes or use of mobile vouchers.
Unless you
have elected to remain anonymous through your device and/or platform
settings, this information may be collected and used by us
automatically if you use
the Website or Service through your mobile device(s) via any SUPERMEAL
mobile application, through your mobile's browser or otherwise.
2. USE OF YOUR INFORMATION
2.1. Your information will enable us to provide you with access to the
relevant parts of the Website and to supply the Service. It will also
enable us to
bill you and enable us and/or a Restaurant with whom you have placed an
Order to contact you where necessary concerning the Service. For
example, we and/or
the Restaurant may use your information to provide you with status
updates or other information regarding your Order by e-mail, telephone,
mobile or mobile
messaging (e.g. SMS, MMS etc.). We will also use and analyse the
information we collect so that we can administer, support, improve and
develop our
business, for any other purpose whether statistical or analytical and
to help us prevent fraud. Where appropriate, now and in the future you
may have the
ability to express your preferences around the use of your data as set
out in this Privacy Policy and this may be exercised though your chosen
method of
using the Service, for example mobile, mobile applications or any
representation of the Website.
2.2. We may use your information to contact you for your views on the
Service and to notify you occasionally about important changes or
developments to the
Website or the Service.
2.3. Where you have indicated accordingly, you agree that we may use
your information to let you know about our other products and services
that may be of
interest to you including services that may be the subject of direct
marketing and we may contact you to do so by post, telephone, mobile
messaging (e.g.
SMS, MMS etc.) as well as by e-mail.
2.4. Where you have indicated accordingly, you agree that we may also
share information with third parties (including those in the food,
drink, leisure,
marketing and advertising sectors) to use your information in order to
let you know about goods and services which may be of interest to you
(by post,
telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) and to
help us analyse the information we collect so that we can administer,
support,
improve and develop our business and services to you.
2.5. If you do not want us to use your data in this way or change your
mind about being contacted in the future, please let us know by using
the contact
details set out in paragraph 7 below and/or amending your profile
accordingly.
2.6. Please note that by submitting Reviews regarding the Website,
Service and/or Restaurants, you consent to us to use such Reviews on
the Website and in
any marketing or advertising materials. We will only identify you for
this purpose by your first name and the city in which you reside (and
any other
information that you may from time to time consent to us disclosing).
3. DISCLOSURE OF YOUR INFORMATION
3.1. The information you provide to us will be transferred to and
stored on our servers which may be in or outside the European Economic
Area, and may be
accessed by or given to our staff working outside the United Kingdom
and third parties including companies within the SUPERMEAL group of
companies (which
means our subsidiaries and affiliates, our ultimate holding company and
its subsidiaries and affiliates) who act for us for the purposes set
out in this
policy or for other purposes notified to you from time to time in this
policy. Countries outside the European Economic Area do not always have
strong data
protection laws. However, we will always take steps to ensure that your
information is treated in accordance with this policy.
3.2. The third parties with whom we share your information may
undertake various activities such as processing credit card payments
and providing support
services for us. In addition, we may need to provide your information
to any Restaurants that you have placed an Order with so as to allow
the Restaurant
to process and deliver your Order. By submitting your personal data,
you agree to this transfer, storing or processing. We will take all
steps reasonably
necessary to ensure that your data is treated securely and in
accordance with this Privacy Policy.
3.3. If you have consented we may allow carefully selected third
parties, including marketing and advertising companies, our affiliates
and associates, to
contact you occasionally about services that may be of interest to you.
They may contact you by post, telephone, mobile messaging (e.g. SMS,
MMS, etc.) as
well as by e-mail. If you change your mind about being contacted by
these companies in the future, please let us know by using the contact
details set out
in paragraph 7 below and/or by amending your profile accordingly.
3.4. If our business enters into a joint venture with, purchases or is
sold to or merged with another business entity, your information may be
disclosed or
transferred to the target company, our new business partners or owners
or their advisors.
3.5. We may use the information that you provide to us if we are under
a duty to disclose or share your information in order to comply with
(and/or where
we believe we are under a duty to comply with) any legal obligation; or
in order to enforce the Website Terms and any other agreement; or to
protect our
rights or the rights of Restaurants or other third parties. This
includes exchanging information with other companies and other
organisations for the
purposes of fraud protection and prevention.
4. SECURITY AND DATA RETENTION
4.1. We take steps to protect your information from unauthorised access
and against unlawful processing, accidental loss, destruction and
damage. We will
keep your information for a reasonable period or as long as the law
requires.
4.2. Where you have chosen a password which allows you to access
certain parts of the Website, you are responsible for keeping this
password confidential.
We advise you not to share your password with anyone. Unless we
negligently disclose your password to a third party, we will not be
liable for any
unauthorised transactions entered into using your name and password.
4.3. The transmission of information via the internet is not completely
secure. Although we will take steps to protect your information, we
cannot
guarantee the security of your data transmitted to the Website; any
transmission is at your own risk. Once we have received your
information, we will use
strict procedures and security features to try to prevent unauthorised
access.
5. ACCESSING AND UPDATING
5.1. You have the right to see the information we hold about you ("Access
Request") and to ask us to make any changes to ensure
that it is
accurate and up to date. If you wish to do this, please contact us
using the contact details set out in paragraph 7 below. In the event
that you make an
Access Request, we reserve the right to charge a fee of ten pounds
(£10.00) to meet our costs in providing you with details of the
information we hold
about you.
6. CHANGES TO OUR PRIVACY POLICY
6.1. Any changes to our Privacy Policy will be posted to the Website
and, where appropriate, through e-mail notification.
7. CONTACT
7.1. All comments, queries and requests relating to our use of your
information are welcomed and should be addressed to SuperMeal.co.uk Ltd
at 212 Warwick
Road, Birmingham, West Midlands, B11 2NB Tel 0800 772 3747.
III.
SUPERMEAL VOUCHER TERMS & CONDITIONS
General
1. The following general terms and conditions (the "General
Voucher Terms") will apply to all vouchers issued by
SUPERMEAL from time to
time for use on the Website, including vouchers with a promotional
discount vouchers ("Discount Vouchers")..
2. Individual Vouchers will also be subject to, and the General Voucher
Terms will be supplemented and/or modified by, additional terms and
conditions (the "Specific Voucher Terms")
that will be specified on the Voucher or at the time the Voucher is
issued.
3. Vouchers may only be redeemed towards online Orders from Restaurants
made through the Website or Mobile App.
Specific Terms of Use for Discount Vouchers
3. Discount Vouchers must be used by the deadline specified on the
Discount Voucher and/or at the time the Discount Voucher is issued by
entering the
relevant voucher code ("Discount Voucher Code"),
and will expire after such date.
4. In the event of 1,000 redemptions made per Discount Voucher Code,
the Discount Voucher Code will automatically expire regardless of the
expiry date.
General Terms of Use for All Vouchers
5. The right to use a Voucher is personal to the original recipient and
may not be transferred. No Voucher may be copied, reproduced,
distributed, or
published directly or indirectly in any form or by any means for use by
an entity other than the original recipient, or stored in a data
retrieval system,
without our prior written permission. In particular, Vouchers
distributed or circulated without our written approval, for example on
an Internet message
board or on a "bargains" website, are not valid for use and may be
refused or cancelled.
6. Unless otherwise provided or specified in the Specific Voucher
Terms:
6.1 Vouchers may not be used in conjunction with other Vouchers or any
other discounts or promotions provided or advertised from time to time;
6.2 each Voucher will be valid for use by a recipient only once;
6.3 each customer or household is limited to one Voucher per promotion
or offer; and
6.4 the right to use a Voucher is personal to the original recipient
and may not be transferred.
7. When you use a Voucher you warrant to us that you are the duly
authorised recipient of the Voucher and that you are using it in
accordance with these
terms, lawfully, legally and in good faith. If we believe in our sole
discretion that a Voucher is being used in breach of these terms,
unlawfully,
illegally or in bad faith, we may reject or cancel the Voucher.
Miscellaneous
8. Please note that because of standard banking procedures, your bank
or card issuer will initially "ring-fence" the full amount of an Order
(before any
Voucher credit or discount is applied) 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.
9. Vouchers may not be exchanged for cash.
10. We shall not be liable to any customer or household for any loss or
claim arising out of the refusal, rejection, cancellation or withdrawal
of any
Voucher or any failure or inability of a customer or household to use a
Voucher for any reason.
11. We reserve the right, at any time and in its sole discretion, to
add to or amend these terms and conditions in relation to the use of
Vouchers or to
vary or terminate the operation of a Voucher at any time without
notice.
12. All standard terms and conditions from time to time for use of the
Website and the Service apply.
IV.
SUPERMEAL COMPETITIONS TERMS & CONDITIONS
1. The following general terms and conditions (the "General Competition
Terms") will apply to all competitions run by SUPERMEAL.
2. Individual competitions will also be subject to, and the General
Competition Terms will be supplemented and/or modified by, additional
terms and
conditions (the "Specific Competition Terms") that will be specified in
connection with each competition.
3. Competitions are open to individual residents of the UK aged 18 or
over, except employees of SUPERMEAL, their associated, affiliated or
subsidiary
companies, and their families, agents, or anyone connected with the
competition.
4. Winners will be responsible for ensuring they are able to accept the
relevant prize, as set out and in accordance with these General
Competition Terms
and any applicable Specific Competition Terms.
5. We reserve the right to redraw a competition winner if the relevant
prize is not accepted or claimed within the time period stated in the
applicable
Specific Competition Terms.
6. Completing and submitting a competition entry form will be deemed
acceptance of the General Competition Terms and any applicable Specific
Competition
Terms.
7. The General Competition Terms and any applicable Specific
Competition Terms shall be governed by the laws of England and Wales
and subject to the
exclusive jurisdiction of the English courts.
8. Any personal data that is collected as part of any SUPERMEAL
competition will be processed in accordance with applicable UK data
protection legislation.
For further information on our Privacy Policy please go to: http://www.
supermeal.co.uk/docs/privacy-policy.
9. We reserve the right to withdraw any competition at any time without
prior written notice and/or to alter or amend the General Competition
Terms or the
Specific Competition Terms for any competition at any time.
10. Our decision is final and binding in all matters relating to any
competition and no correspondence will be entered into.
11. All standard terms and conditions from time to time for use of the
Website and Service apply.
