- Why you should read these terms. Please read these terms carefully before ordering any products through the Online Service. By ordering products through the Online Service (whether now or in the future), you agree to be bound by these terms. Use of the Online Service is also subject to these terms.
- Changes to these terms. We reserve the right to change these terms from time to time by changing them on this page. We advise you to print a copy of these terms for future reference. These terms are only in the English language.
- Accessing the online service in any way. Please note that references to “Online Service” in these terms include any current or future version of our Online and any mobile application through which you access and use our Online Service, 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 and using our Online Service that may be developed from time to time).
- Acceptance of these terms. By accessing any part of the Online Service, you indicate that you accept these terms. If you do not accept these terms, you should leave the Online Service immediately, and you will not be able to order any products through the Online Service.
Who we are
- Who we are. We are Kitchen CUT Limited a company registered in England and Wales. Our company registration number is 07757271 and our registered office is at The Hub, 14 Station Road, Henley-On-Thames, Oxon, England, RG9 1AY. Our registered VAT number is 131255941.
- How to contact us. You can contact us by telephoning our customer service team at +44 (0) 330 113 0050 or by writing to us at The Hub, 14 Station Road, Henley-On-Thames, Oxon, England, RG9 1AY or firstname.lastname@example.org
We do not provide the Food/Drinks and only facilitate the order between you and the Restaurant
- Food and Drink Orders are a contract between you and the Restaurant. We provide a way for you to communicate your orders (“Order” or “Orders“) for food, drinks or other products (“Food/Drinks“) to the Restaurant displayed on the Online Service. The legal contract for the supply and purchase of Food/Drinks is between you and the Restaurant that you place your Order with and we will conclude the sale of Food/Drinks on behalf of, and as commercial agent for, the Restaurant in all cases.
- Restaurant terms of sale. Your Order will be subject to the Restaurant’s standard terms and conditions of sale, which sets out the terms of your contract with the Restaurant in relation to the Order.
Terms of accessing the Online Service
- Online Service access: You may access some areas of the Online Service without placing an Order or registering your details with us. Most areas of the Online Service are open to everyone.
- Accepting these terms by accessing the online service. By accessing any part of the Online Service, you indicate that you accept these terms. If you do not accept these terms, you should leave the Online Service immediately, and you will not be able to order any Food/Drinks with the Restaurant through the Online Service.
- Your access to the Online Service: You are responsible for making all arrangements necessary for you to have access to the Online Service. You are also responsible for ensuring that all persons who access the Online Service through your Internet connection are aware of these terms and that they comply with them.
Your status and age
- Minimum age of 18 to use the Online Service: By placing an Order through the Online Service, you warrant that you are legally capable of entering into binding contracts with Restaurant, and you are at least 18 years old.
- Allergies and Food Intolerance. If you have a specific food allergy or intolerance, you must contact the Restaurant directly to check that the Food/Drinks are suitable for you, before placing your order directly with them.
- Age verification for alcohol, tobacco and other age related Food/Drinks. It is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol in the UK, or for any person to buy, or attempt to buy, alcohol, tobacco or other smoking products in the UK on behalf of any person who is under the age of 18. If your Order includes any alcohol, cigarettes or other smoking products, the Restaurant may ask you to provide proof of your age before providing you with the Food/Drinks the subject of you Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of the Restaurant, or if the Restaurant reasonably believes that the alcohol, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone under the age of 18, the Restaurant reserves the right not to supply the alcohol, cigarettes or other smoking products to you.
Ordering with the Restaurant
- Placing Order and double checking its accuracy before placing an Order: Once you have selected the Food/Drinks you wish to order from the digital menu of the 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 you will be entering into a legally binding contract with the Restaurant and errors cannot be corrected (subject to paragraph 18. below).
- Limited rights to amend or cancel order after placing your Order through the Restaurant: 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. If you wish to change or cancel your Order, you should contact the Restaurant in order to communicate your requests. However, there is no guarantee that the Restaurant will agree to your requests as they may have already started processing your Order.
- If your payment is not authorised. If your payment is not authorised, your Order will not be processed or placed with the Restaurant.
- Restaurant rejections. Please note that any confirmation page that you may see on the Online Service and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Food/Drinks with the Restaurant but does not necessarily mean that your Order will be fulfilled by the Restaurant. The Restaurant reserves the right to reject your order at any time, including for example, because the Restaurant is busy, food or drink shortages, or for any other reason. In doing so, the Restaurant 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 25 below.
We are an agent and have no liability for any default by the Restaurant
- Agents for the Restaurant. Whilst your bank or credit card statement will refer to the transaction as Kitchen CUT Limited, and for the avoidance of any doubt, please note that we simply facilitate you placing an Order with the Restaurant through the Online Service in our capacity as commercial agent of the Restaurant and your contract for the Order is with the Restaurant.
Price and Payment
- Prices: Prices will be as quoted on the Online Service based on the information provided by the Restaurant. These prices include VAT but may exclude any administration or service charge imposed by the Restaurant. These will be added to the total amount due where applicable.
- Incorrect pricing in the digital menu provided by the Restaurant. This Online Service may contain a detailed menu and on rare occasions 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 Online Service, the Restaurant will normally contact you before providing you with the Food/Drinks. If this happens, 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 in respect of incorrect pricing.
- Payment methods. Payment for Orders must be made by an accepted credit or debit card through the Online Service or in cash to the Restaurant.
- Rejected Orders. To reflect 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 20 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 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.
Complaints and Queries must be raised with the Restaurant
- 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 staff directly.
- 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 will need to contact the Restaurant directly.
- Complaints should be raised with the Restaurant. If you are dissatisfied with the quality of any Food/Drinks or the service provided by the Restaurant, and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant to lodge your complaint and, where appropriate, follow the Restaurant’s own complaint procedures. The legal contract for the supply and purchase of Food/Drinks is between you and the Restaurant and we have no control over the restaurants and the quality of the Food/Drinks or service that 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.
Licence to use the Online Service
- Scope of your use of the Online Service. You may use the Online Service and print and download extracts from the Online Service for your own personal non-commercial use on the following basis:
- You must not misuse the Online Service (including by hacking or “scraping”).
- Unless otherwise stated, the copyright and other intellectual property rights in the Online Service 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 all rights are reserved. For the purposes of these terms, any use of extracts from the Online Service other than in accordance with paragraph 29 is prohibited.
- You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 29 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
- You must ensure that our status as the author of the material on the Online Service is always acknowledged.
- You are not allowed to use any of the materials on the Online Service or the Online Service itself for commercial purposes without obtaining a licence from us to do so.
- Reservation of rights. Any rights not expressly granted in these terms are reserved.
Online Service Access, Suspension and content within the Online Service
- No guaranteed availability. While we try to ensure the Online Service 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 Online Service is unavailable at any time or for any period.
- We may suspend access. Access to the Online Service may be suspended temporarily at any time and without notice.
- Security of data. 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 Online Service; any transmission is at your own risk.
- Online Service information provided by Restaurant. The information on the Online Service (for example, a digital menu) has been provided by the Restaurant and we do not promise it is accurate or complete. The Restaurant may make changes to the material on the Online Service, or to the functionality, Food/Drinks and prices described on it, at any time without notice. The material on the Online Service may be out of date, and we make no commitment to update that material.
- Allergy, dietary and other menu information. When a Restaurant signs up with us, they have to provide us with up-to-date menu information. We then include this on their dedicated page on the Online Service. Where this information includes allergy or other dietary information, we will do our best to republish this information on the Online Service exactly as provided to us. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Restaurant before placing your order.
- Restaurant – problems and issues. The legal contract for the supply and purchase of Food/Drinks is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of the Restaurant. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Online Service:
- No guarantees of quality given by us. We do not give any undertaking that the Food/Drinks ordered from any Restaurant through the Online Service will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
- Estimated service times. Estimated times of service are provided by the Restaurant and are only estimates. Neither we nor the Restaurant guarantee that Orders will be provided within the estimated times.
- Statutory rights and preserved. The foregoing disclaimers do not affect your statutory rights against the Restaurant.
- Warranty exclusions on the Online Service. We provide you with access to and use of the Online 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 Online Service and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Online Service and your use of it, or be otherwise implied or incorporated into these terms, by statute, common law or otherwise).
Limitation of our liability
- We do not exclude liability where it would be unlawful to do so. We do not limit our liability for death or personal injury arising from our negligence, or for any other liability which cannot be excluded or limited under applicable law. Nothing in these terms affects your statutory rights.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms, but we are not responsible for any loss or damage that is not foreseeable.
- We are no liable for business losses. We are not liable for any business losses, or any loss of profits or revenue, loss of data, loss of opportunity, loss of anticipated savings, or any indirect losses.
- Our maximum liability. If we are liable to you under these terms, our total liability to you shall in no circumstances exceed £100.
- Termination at any time. We may terminate or suspend (at our absolute discretion) your right to use the Online Service immediately by notifying you in writing and for any reason.
Other important terms
- Events beyond our reasonable control. 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.
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date..
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of these terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these terms in either the Northern Irish or the English courts. If you live outside of the UK, you can bring legal proceedings in respect of these terms in any applicable country.