You should familiarise yourself with these Terms before placing an order through our Website. By ordering through the Website, either now or in the future, you accept these terms. Any use of our Website is also covered by these Terms.
When we refer to “Website” here this includes any current or forthcoming edition of the website https://www.ssl.nochex.com/, https://orderpayeat.com and any Nochex app by which you enter and make use of our Website, in whichever circumstance, and from whatever present or prospective equipment or platform.
It is within our right to change this document at any time and without any notice.
This document is only available in the English language.
If for any reason you do not accept these conditions for using our Website you should depart from the Website immediately and not order anything through our Website.
1. WEBSITE TERMS
1.1. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Website immediately, and you will not be able to order any Items through the Website.
1.2. Revision of terms: We may revise these Terms at any time. You should check the Website regularly to review the current 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.
1.3. 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 Terms and that they comply with them.
- 2. ADDITIONAL TERMS
2.2. Severability: Should any of these Terms be 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 that will continue to be valid to the fullest extent permitted by law.
2.3. Entire agreement: These 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.
2.4. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
2.5. Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
2.6. Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
- 3. WEBSITE ACCESS
3.1. 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.
3.2. 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.
3.3. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
3.4. Information security: The transmission of information via the Internet is not completely secure. Although we 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.
- 4. LINKS FROM OUR WEBSITE AND FROM OTHER WEBSITES
4.1. Third party websites: Links to third party websites on our Website are provided for your convenience. If you use these links, you leave our Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites). We do not endorse or make any representation about these websites. If you decide to access any third party websites linked to our Website, you do so entirely at your own risk.
4.2. Link permission: You may link to the Website homepage (ssl.nochex.com) and (orderpayeat.com) , provided:
4.2.1. You do so in a fair and legal way that does not damage or take advantage of our reputation;
4.2.2. 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;
4.2.3. Any website from which you link must comply with the content standards set out in these Terms (in particular paragraph 10 Visitor Material);
4.2.4. We have the right to withdraw linking permission at any time and for any reason.
- 5. LICENCE
5.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your personal non-commercial use on the following basis:
5.1.1. You must not misuse the Website by any means.
5.1.2. 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 Terms, any use of extracts from the Website other than in accordance with paragraph 5.1 is prohibited.
5.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 5.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
5.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
5.1.5. 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.
5.2. Limitation on use: Except as stated in paragraph 5.1, 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.
5.3. Reservation of rights: Any rights not expressly granted in these Terms are reserved.
- 6. YOUR STATUS
6.1. Capacity and age: By placing an Order through the Website, you warrant that:
6.1.1. You are legally capable of entering into binding contracts with the Restaurant; and
6.1.2. You are at least 18 years old.
6.2. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Restaurant directly to check that the food is suitable for you, before placing your order directly with them.
6.3. Alcohol, cigarettes and smoking products:
6.3.1. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol, or for any person to buy, or attempt to buy, alcohol, tobacco or smoking products on behalf of any person who is under the age of 18;
6.3.2. If your Order includes alcohol, cigarettes or smoking products, you will be asked to provide proof of your age on collection or delivery of your Order. If you cannot provide proof to the satisfaction of your chosen Restaurant, or if the Restaurant reasonably believes the items you have ordered have been bought by you on behalf of someone under the age of 18, the Restaurant reserves the right not to complete the delivery of the items to you.
- 7. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
7.1. Compiling your Order: Once you have chosen your order from the menu of your chosen Restaurant and provided any necessary information, you will be able to submit your Order by clicking or selecting the "checkout", “payment” or similar button. It is important to check all the information you enter, and correct any errors before continuing; once you do so you are entering into a contract with the Restaurant and errors cannot be corrected (subject to paragraph 7.2.).
7.2. Amending or cancelling your Order: Once you have submitted your Order and your payment is authorised, you are not entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 7.4 and 8.5 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, contact the Restaurant directly.
7.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Restaurant.
7.4. Processing your Order and Restaurant rejections: On receipt of your Order, we will send it to the relevant Restaurant and notify you by email that your Order has been received and being processed.
7.4.1. Please note that any confirmation page you may see on the Website and any Order confirmation e-mail you may receive each confirm that you have a contract for the sale of Items with a Restaurant but does not necessarily mean that your Order will be fulfilled by the Restaurant.
7.4.2. We ask our Restaurants to accept all Orders and to communicate any rejection promptly.
7.4.3. However, Restaurants have the ability to reject Orders for any reason. In doing so, Restaurants will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 8.5 below.
7.5. 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.
- 8. PRICE AND PAYMENT
8.1. 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 administration or service charge imposed by the Restaurant. These will be added to the total amount due where applicable.
8.2. Incorrect pricing: This Website contains many menus and it is possible that some may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, the Restaurant will normally contact you before the Order is dispatched. In such an event, neither we nor the Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you due to incorrect pricing.
8.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website.
8.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery or collection as proof of identification so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays processing card payments; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your card.
8.5. Rejected Orders: Once you have submitted an Order and your payment has been authorised, if your Order is subsequently rejected by the Restaurant (as described in paragraph 7.4) or cancelled for any reason, the Restaurant will advise you that it is not fulfilling your order and will arrange for your payment to be refunded as soon as possible.
8.5.1. Bear in mind that this refund may take between 3 and 5 working days (but it may take longer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to the amount of time it takes for you to receive your refund.
- 9. CUSTOMER CARE
9.1. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you should contact the Restaurant.
9.2. 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 should contact the Restaurant.
9.3. Complaints or feedback: In the event that you are dissatisfied with the quality of any Items or the service provided by a Restaurant, please contact the Restaurant.
9.4. Compensation: If you are dissatisfied with the quality of any Items or 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. If you cannot contact the Restaurant, or the Restaurant will not deal with your complaint, you can contact our Shopper Support Team within 48 hours of placing your Order and one of our Team will attempt to contact the Restaurant on your behalf.
9.4.1. Please note, however, that the legal contract for the supply and purchase of Items is between you and the Restaurant you place your Order with. We have no control over Restaurants and the quality of the Items or service they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.
9.5. General: Customer care is extremely important to us. Subject to paragraphs 9.4 and 11, our Shopper Support team will try to help you if you have any problems with your Order. You can contact our Shopper Support team by email at this address [email protected]
- 10. VISITOR MATERIAL
10.1.1. 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 use.
10.1.2. 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 10.2.
10.2. Visitor Material policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material that: breaches any applicable local, national or international law; is unlawful or fraudulent; amounts to unauthorised advertising; or, contains viruses or any other harmful programs.
- 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 functionality, Items 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: When a Restaurant signs up with us, they provide us with their menu information. We include this on their dedicated page on our Website. Where this includes allergy or other dietary information, we do our best to republish this on our website or app as it appears on the Restaurant's menu. If you have a concern about food allergies, intolerances or other dietary preferences, contact the Restaurant directly before placing your order.
11.3. Restaurant actions and omissions: The legal contract for the supply and purchase of Items 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 Items ordered from any Restaurant through the Website will be of satisfactory quality or suitable for your purpose.
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 be available for collection within the estimated times.
11.3.3. We encourage our Restaurants to accept all Orders and communicate any rejection quickly, and to notify you (generally by email) as soon as reasonably practical. However, we do not guarantee that Restaurants will accept and fulfil all Orders, and Restaurants have discretion to reject Orders for any 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 and use of the Website on the basis that, as far as legally possible, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it.
- 12. LIABILITY
12.1. General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights.
12.2. Exclusion of liability: Subject to clause 12.1, under no circumstances whatever will we 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 Website for:
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 Website or your use of it, 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 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 5.1 (License);
13.1.2. You have posted Visitor Material in breach of paragraphs 10.2 (Visitor Material);
13.1.3. You have breached paragraph 4.2 (Links to and from other websites); or
13.1.4. You have breached any other material terms of these Takeaway 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 Items 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.
14.1.1. 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 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 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 Terms may be performed despite the Force Majeure Event.
- 16. GOVERNING LAW AND JURISDICTION
16.1. These Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.
- 17. ABOUT US
17.1. Company details: Nochex Ltd is a company registered in England and Wales with registered company number 3940921, whose registered office is at Regent House, Bath Avenue, Wolverhampton, WV1 4EG.
17.2. Product Orders: We provide a way for you to place your orders ("Orders") for items ("Items") with delivery or takeaway restaurants ("Restaurants") displayed on the Website. The legal contract for the supply and purchase of Items is between you and the Restaurant you place your Order with and we will conclude the sale of Items on behalf of, and agent for, the Restaurants in all cases.