TERMS OF USE
The following terms and conditions (these “Terms of Use” or “Terms”), governs your use and access to and use of our Platform, including any content, functionality and services offered on or through www.harrogate-eats.co.uk and our mobile application (the “Platform”) by Fodel Ltd, trading as Harrogate Eats (“HARROGATE EATS” “we” “us” “our”).
Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.
1. Use of Our Services
HARROGATE EATS enables transactions between Restaurant Partners and customers, dealing in prepared food and beverages ("Services"). The customers ("Customers") can choose and place orders ("Orders") from variety of products listed and offered for sale by various Restaurant Partners including but not limited to the Restaurant Partners and eateries ("Restaurant Partners") on the Platform and HARROGATE EATS enables delivery of such orders at select localities of serviceable cities across Harrogate ("Delivery Services"). For the delivery services rendered, HARROGATE EATS may charge you delivery fee (inclusive of applicable taxes whenever not expressly mentioned).
HARROGATE EATS may offer support services to Restaurant Partners in respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Restaurant Partners.
HARROGATE EATS neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. HARROGATE EATS accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
HARROGATE EATS is not responsible for any non-performance or breach of any contract entered into between Customers and Restaurant Partners on the Platform. HARROGATE EATS cannot and does not guarantee that the concerned Customers and/or Restaurant Partners will perform any transaction concluded on the Platform. HARROGATE EATS is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
HARROGATE EATS is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Customer and Restaurant Partner on the Platform come into or take possession of any of the products or services offered by Restaurant Partner. At no time shall HARROGATE EATS hold any right, title or interest over the products nor shall HARROGATE EATS have any obligations or liabilities in respect of such contract entered into between Customer and Restaurant Partner.
HARROGATE EATS is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Restaurant Partner and the Customer. In case of complaints from the Customer pertaining to food efficacy, quality, or any other such issues, HARROGATE EAT S shall notify the same to Restaurant Partner and shall also redirect the Customer to the consumer call center of the Restaurant Partner. The Restaurant Partner shall be liable for redressing Customer complaints. In the event you raise any complaint on any Restaurant Partner accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Restaurant Partner and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
Customer also acknowledges and agrees that they are Customers of the Platform only, and that they are not HARROGATE EATS employees, joint ventures, partners, or agents whatsoever. HARROGATE EATS does not have the right to control and does not control Customer, or the relationships between them or the subject matter of such relationships.
2. Modification of Terms of Use
We are continually changing and improving the Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or the entire Platform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Platform, Fees (defined below) or any other aspect of the relationship between HARROGATE EATS and You. You should look at the Terms regularly.
If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms of Use pages of our Platform, send you a messageor otherwise attempt to notify you. Amendments are effective no sooner than thirty (30) days after we post them on the Platform for existing Customers and immediately for all the new Customers joining and accepting the terms after and on the day these amendments are posted, unless we notify You otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see you go, but Your only recourse is to stop using or accessing the Platform.
As long as you comply with these Terms of Use, HARROGATE EATS grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform
3. Account Registration, and Other Customer Representations and Warranties
To access Our services, You will need to validly register for an account and to become a Customer with verified phone andemail. As indicated above, by doing so, You represent and warrant that you are over the age of thirteen (13) and are capable of entering into legally binding agreements in the relevant jurisdiction (s).
To create a Customer account, You must create a password-protected account (“Account”). You may register for an Account using Your email and creating a password. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your HARROGATE EATS Account password and You are solely responsible for all activity that occurs on or through your Account and that You will immediately inform HARROGATE EATS of any suspected unauthorized use. HARROGATE EATS is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to HARROGATE EATS or third parties due to unauthorized use of Your Account.
4. Service Booking
The Platform allows you to book the Services, and subject to the terms and conditions set out herein, provide the Services to you.
HARROGATE EATS do not own, sell, resell on its own and/or do not control the Restaurant Partners or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.
Customers must contact restaurants directly before placing an order if they have any specific allergy requests.
As a general rule, all food orders placed on the Platform are treated as confirmed, subject to Restaurant Partner’s acceptance of the order.
Orders cannot be changed once it has been placed. Neither the delivery address can be changed.
The service charge covers transaction fees - this is not refundable unless the order is cancelled by the restaurant or Admin.
All payments made against the purchases/services on the Platform by you shall be compulsorily in GBP acceptable in England and Wales. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by HARROGATE EATS is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, HARROGATE EATS is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
You acknowledge and agree that we act as the Restaurant Partner's payment agent for the limited purpose of accepting payments from you on behalf of the Restaurant Partner for Delivery Services. Upon your payment of amounts to us, which are due to the Restaurant Partner, your payment obligation to the Restaurant Partner for such amounts is completed, and we are responsible for remitting such amounts, to the Restaurant Partner. You shall not, under any circumstances whatsoever, make any payment directly to the Restaurant Partner for Order bookings made using the Platform for Delivery Services. For Dine In Services, Customer shall pay directly to the Restaurant Partners.
You agree to pay us for the total amount for the order placed by you on the Platform for Delivery Services. For Dine In Services, Customer shall pay directly to the Restaurant Partners. We will collect the total amount in accordance with the terms and conditions of this Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Restaurant Partner for Delivery Services. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms, using of the methods described above. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your booking transaction is complete you will receive a confirmation email summarizing your confirmed booking for Delivery Services.
The final tax bill will be issued by the Restaurant Partner to the Customer along with the order and HARROGATE EATS is merely collecting the payment on behalf of such Restaurant Partner. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Restaurant Partner. HARROGATE EATS holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Restaurant Partner.
The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Restaurant Partner and are listed based on Restaurant Partner's information. Very rarely, prices may change at the time of placing order due to Restaurant Partner changing the menu price without due intimation and such change of price are at the sole discretion of the Restaurant Partner attributing to various factors beyond control.
5. Cancellations and Refunds
Cancellation
If you cancel your order, HARROGATE EATS shall have a right to charge you 50% of the order amount as the cancellation fee (inclusive of applicable taxes whenever not expressly mentioned).
HARROGATE EATS reserves the right to charge you cancellation fee for the orders constrained to be cancelled by HARROGATE EATS for reasons not attributable to HARROGATE EATS, including but not limited to:
in the event if the address provided by you is either wrong or falls outside the delivery zone;
failure to contact you by phone or email at the time of delivering the order booking;
failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery;
unavailability of all the items ordered by you at the time of booking the order.
However, in the unlikely event of an item on your order being unavailable, HARROGATE EATS will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund to an amount upto 100% of the order value.
In case of cancellations for the reasons attributable to HARROGATE EATS or the Restaurant Partners, HARROGATE EATS shall not charge you any cancellation fee.
Refunds
You may be entitled to a refund upto 100% of the order value if HARROGATE EATS Delivery Partner fails to deliver the order to you due to a cause attributable to HARROGATE EATS, however such refunds will be assessed on a case to case basis by HARROGATE EATS. Our decision on refunds shall be final and binding.
Due to a number of uncontrollable conditions (ie, restaurant prep times, traffic etc) refunds are not generally given for late orders. However, if an order is ‘very late’ this can be investigated on a case by case basis and may be issued by management. HARROGATE EATS require a minimum of 48 hours to conduct an investigation. Refunds may take several working days to process depending on the customers bank. If a customer places an order, they must be available to collect the delivery. If drivers cannot contact the customer and are therefore unable to deliver, a refund will not be issued.
6. Payment Processing Agency
Payment processing is done by Stripe, and are subject to Stripe’s Services Agreement. By agreeing to these Terms or by accessing, searching or using the Platform, You agree to be bound by Stripe’s Services Agreement, as they may be amended or modified from time-to-time by Stripe. HARROGATE EATS’ provision of any payment processing services is subject, and conditioned upon, Your agreement to provide HARROGATE EATS up-to-date, accurate, and complete information relating to you and your payment instrument (s) and You expressly authorize HARROGATE EATS to share this information and transaction-related information relating to your use of payment related services with Stripe. HARROGATE EATS reserves the right to provide payment processing services through other third party vendors, and if it choose to do so, will provide notice to your registered email or through another method
7. Rights and Obligations of HARROGATE EATS
HARROGATE EATS will attempt to continuously innovate in order to provide the best possible services to its Customers. You acknowledge and agree that the form and nature of the services provided by HARROGATE EATS may change from time to time without any prior notice.
You acknowledge and agree that HARROGATE EATS may stop (permanently or temporarily) providing the services (or any features within the Services) to you at its sole discretion.
You acknowledge and agree that if HARROGATE EATS disables access to your account or login route, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while HARROGATE EATS may not currently limit your use of the Services in any way, it may do so if that use hinders with the ability of HARROGATE EATS to carry on its operations or the ability of other customers to use the offering.
HARROGATE EATS shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of theServices or the discontinuation altogether thereof.
If a restaurant delivers using their own drivers, restaurants are fully liable for the successful completion of order including delivery.
8. Rights and Obligations of Customers
Customers must meet at the door on ground level, Driver Partners are not allowed to enter buildings or climb stairs.
Customers are required to provide ID for all orders including age restricted products. This is regardless of their age appearance. Driver Partners are required to confirm that the person placing the order is the person collecting the age restricted items and that they are at least of legal age. Even old age customers should provide ID when ordering age restricted products.
ID provided must be the original document
Drivers must not hand over age restricted products if an ID is not supplied
Refunds will not be given if ID is not provided.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or guidelines.
You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by HARROGATE EATS unless you have been specifically allowed to do so in a separate agreement. You specifically agree not to access (or attempt to access) any of the Services through any automated means including but not limited to the use of scripts and web crawlers.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the offering).
You agree that you are solely responsible for (and that HARROGATE EATS has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which HARROGATE EATS may suffer) of any such breach.
You agree that you will not use another person’s Account, to misrepresent yourself, Your identity or qualifications or transactions.
You agree that you will not in any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Platform information or content including but not limited to, use on a mirrored, competitive, or third-party platform.
You agree that you will not take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; © bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm HARROGATE EATS or Customers; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Platform.
You agree that you will not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law.
You agree that you will not violate any HARROGATE EATS policies that govern or relate to Your use of the Platform and interactions with You and third parties.
You agree that you will not take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by HARROGATE EATS and which relate to Restaurant Partners.
You agree that you will not undertake any activity or engage in any conduct thatis inconsistent with the business or purpose of the Platform.
9. Platform Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content created wholly by You or third parties and that is not created in whole or part by Us (“Customer Content”), which may include but is not limited to profile information, information about Goods or services or relationships and similar content. By making available Customer Content to Us, You grant to HARROGATE EATS an irrevocable worldwide, perpetual, non-exclusive, transferable, royalty-free and fully paid up license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, perform, transfer, display, publicly perform, stream broadcast, access, view and otherwise exploit (by means now known or to be developed in the future) the Customer Content on the Platform and for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by HARROGATE EATS in public advertising. The license granted by You to HARROGATE EATS will survive termination of these Terms and shall survive termination of the Platform, if any, or termination of Your Account. HARROGATE EATS does not claim any ownership interest or rights in Your Customer Content and nothing in these Terms shall be deemed to restrict rights You may have in Your Customer Content. You acknowledge and agree that HARROGATE EATS has no role in the creation, either in whole or in part, of Customer Content you provide to HARROGATE EATS or to the Platform and that You alone are solely responsible for all Customer Content that You make available, including without limitation Requests, Offers and Acceptances, and the information that may be contained therein. You thus represent, warrant and agree that (i) you either own or have all necessary rights, licenses, consent and releases necessary to grant HARROGATE EATS the rights in Customer Content under these Terms; (ii) neither the Customer Content nor your posting, uploading, publication, submission or transmittal of Customer Content or HARROGATE EATS’s use of Your Customer Content (in whole or part infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights or result in violation of any applicable law, rules, regulation or court order. You acknowledge and agree that HARROGATE EATS may exercise any traditional editorial function as to Customer Content including but not limited to proofreading, editing, summarizing, digesting or other editing without becoming the author of such content, and that it remains Your sole responsibility to monitor your Customer Content and to guarantee that any such edited Customer Content is accurate and consistent with your representations, warranties and agreements in these Terms.
We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the Platform or to Customer Content that We consider to be a violation of these Terms, HARROGATE EATS policies and procedures, We consider harmful to the Platform, to HARROGATE EATS or to any other Customer or third party or which We consider to be otherwise objectionable or for any other reason.
10. Representations and Warranties for Payment
As set forth above, except where we otherwise specifically agree in writing, HARROGATE EATS does not own, create, sell, offer, resell, provide, control, manage, buy, offer to buy, bring, or offer to bring or supply any Goods or services or any other tangible or intangible thing that You may discuss with another Customer. When Customers make or accept an offer to transact, they are entering into a contract with each other, and even though HARROGATE EATS may act as a limited payment collection agent as defined below, it is not a party to any agreement discussed or entered into between Customers.
HARROGATE EATS may restrict the availability of payment services, or any aspect or feature of payment services, to perform maintenance of systems to help ensure the proper functioning of the system or to improve, enhance, modify, suspend or terminate any payment service, or to introduce new or additional services at any time, including through additional third parties. The payment-related services may contain links to certain third-party platforms, applications, services or resources (“Third Party Services”). Any such Third Party Services are subject to different terms or conditions and privacy practices created or controlled by third party providers and not HARROGATE EATS, and Customers should review them carefully and independently. HARROGATE EATS is not responsible for or liable for the availability, accuracy, reliability or anything related to Third Party Services, including the content thereon. Links or other access to information of Third Party Service providers shall not constitute an endorsement by HARROGATE EATS of such providers or their services.
11. Third Party Websites
The Services may contain links to other websites. The Services also may utilize third party Services, advertisements, offers and payment systems. HARROGATE EATS is not responsible for these third party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its operators. HARROGATE EATS is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such websites. Under no circumstances shall HARROGATE EATS be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or Services available from third parties. Any concerns regarding any third-party websites should be directed to its respective platform administrator.
12. Intellectual Property
You acknowledge and agree that all content, design elements, and materials available on this Services are protected by copyrights, trademarks, Services marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, you agree to not to sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws.
Except as provided below, Company and its affiliates and licensors retain all right, title and interest in and to the Platform and the Services. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Company’s intellectual property in whole or in party, except as expressly permitted in these Terms of Use or with the prior written consent of Company. You agree to use the Services only in accordance with these Terms of Use. You agree not to disassemble, decompile or reverse-engineer any software or other component of the HARROGATE EATS Platform.
13. EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON "AS IS"BASIS.
IN PARTICULAR, HARROGATE EATS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND HARROGATE EATS WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HARROGATE EATS OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.
HARROGATE EATS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF RESTAURANT PARTNERABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT HARROGATE EATS PROVIDES THE SERVICES ON "AS IS" BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF RESTAURANT PARTNERABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. HARROGATE EATSAND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICES. HARROGATE EATS SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL HARROGATE EATS ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF HARROGATE EATS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
15. Indemnification
HARROGATE EATS is not obligated to investigate, monitor, mediate or resolve any dispute you may have with the Restaurant Partners, although we may undertake such action in our own discretion. In the event of a dispute with the Restaurant Partners, you agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with Restaurant Partners.
16. General Terms
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
These Terms, and Your relationship with HARROGATE EATS under these Terms, shall be governed by the laws of England and Wales shall be applicable and Courts in England and Wales shall have jurisdiction.
You agree that if a dispute arises between You and HARROGATE EATS, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact us directly and work with us to resolve the dispute. If a dispute cannot be resolved, such dispute will be referred to binding mediation between the parties, and the decision of the mediation shall be final and binding to both the parties. In the event that the mediation fails to yield a result, the parties shall compulsorily refer the dispute to arbitration, with the arbitral panel consisting of three arbitrators; one arbitrator is chosen by each party and the third being jointly appointed by the two chosen arbitrators.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. HARROGATE EATS may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to HARROGATE EATS’s Platform must commence within one (1) year after the cause of action arose.
17. Ordering Age Restricted and Regulated items
By placing an order for an age restricted item on Harrogate Eats, you confirm that you are aged 18 or over. Harrogate Eats has an age verification policy in place whereby anyone ordering age restricted products will be asked by the Delivery Partner to provide proof that they are aged 18 or over before the delivery is completed. The Delivery Partner may refuse to deliver any age restricted product to any person unless they can provide valid photo ID proving that they are aged 18 or over. The Delivery Partner may refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. Orders for items containing alcohol may only be delivered to a location that is a residential or business address. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.
