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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

 



 








5. Cancellations and Refunds

Cancellation


  1. in the event if the address provided by you is either wrong or falls outside the delivery zone;

  2. failure to contact you by phone or email at the time of delivering the order booking;

  3. failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery;

  4. unavailability of all the items ordered by you at the time of booking the order.

 

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

 


 

 


8. Rights and Obligations of Customers

 

 





 


 



 

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.

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