Insta-Eat Terms And Conditions Of Service
If you have any questions relating to these terms and conditions please contact [email protected]insta-eat.co.uk before you place an order. If you do not accept these terms and conditions in full please do not use our Service.
1. Information About Us
Insta-Eat.co.uk is a website operated by Insta-Eat Ltd ("we" or "us" or "insta-eat"), incorporated and registered in England and Wales 12086263
The purpose of our Service is to provide a simple and convenient service to you, linking you to your favourite restaurants, to display their menus, and allowing you to order Meals from them. insta-eat.co acts as an agent on behalf of the Partner Restaurant when it presents Meals to you and concludes any order you make. Once you have placed an order, your Meal will be delivered to you by Insta-Eat ("Insta-Eat")
3. Service Availability
insta-eat's service is available from our Partner Restaurants throughout Wales. Each Partner Restaurant has a prescribed Delivery area. This is to ensure that their Meals reach your door when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will not be possible. We do not accept orders from individuals to a post code in which we do not have a Partner Restaurant. Operating hours will vary depending on local trading conditions and the availability of our Partner Restaurants. Please click on the relevant link to view the menus on our Service, and then click on your chosen menu which will provide you with the option to submit your order to your chosen Partner Restaurant.
When you place an order through our Service, it will be sent to the Partner Restaurant to confirm their acceptance. The sale is concluded when the Partner Restaurant accepts your order, and at that point we will send you an email on behalf of the Partner Restaurant thanking you for your order and confirming it has been received and accepted by the Partner Restaurant (the "Confirmation Email"). You will act on your own behalf and not for any other person when you place an order with us. The contract for the supply of any Meal you order through us will be between you and the Partner Restaurant and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of your Delivery driver physically reaching your address, the driver may leave the premises, and you will be charged for the Meal. insta-eat seeks to provide a quality service and will be the first contact in the event that there is a problem with your Meal either in regards to food quality and/or temperature. We do monitor our Partner Restaurants very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. You can let us know if you have any comments relating to our Partner Restaurants or in respect of the Meals or Delivery by emailing or calling us, or contacting us about your order through our Service.
All Meals are subject to availability. Your Partner Restaurant may offer an alternative for any Meal it cannot provide you with. Our Partner Restaurants may use nuts in the preparation of certain Meals. Please call our Partner Restaurant prior to ordering if you have an allergy. Insta-Eatcannot guarantee that any of the Meals sold by our Partner Restaurants are free of allergens.
6. Sale Of Alcohol
Persons placing an order for alcohol from our Partner Restaurants must be aged 18 or over. Alcoholic beverages can only be sold and delivered to persons aged 18 or over. 1Delivery operates the Challenge 25 age verification policy whereby customers who are lucky enough not to look 25 or over, will be asked by the Delivery driver to provide proof of age to show that they are aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years old. The Delivery driver may refuse to deliver any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over. The Delivery driver may also refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.
7. Availability And Delivery
Our aim is to ensure you get the best delivery service possible. Unfortunately things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us, or our Restaurant Partners from achieving our targets in this regard. We will do our best to ensure that your Meal is delivered by the time specified in the email and webpage. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Restaurant at that time.
You have the right to cancel an order within a reasonable time and before any Restaurant Partner has used food to start preparing the order (a "Started Order"). Customers can cancel an order by contacting the 1Delivery through the website’s Live Chat, by using the Contact Us form on the website, or through the My Account section of the website. No other forms of cancellation requests will be honoured. insta-eat and the Partner Restaurant may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by insta-eat or a Partner Restaurant will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order will be charged to you. 1Delivery alone will determine whether an order is a Started Order or not.
9. Price And Payment
The price of any Meals will be listed on our Service. Prices include VAT. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Meals listed on our Service may be incorrectly priced. The relevant Partner Restaurant will normally verify prices as part of the order process. Payment for all Meals can be made by credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to 1Delivery acting as agent on behalf of the Partner Restaurant only. We are authorised by our Partner Restaurants to accept payment on their behalf and payment of the price of any Meals to us will discharge your obligations to pay such price to the Partner Restaurant. In limited instances, where you have selected a Partner Restaurant that offers Partner Delivery, you can also make your payment in cash directly to the Partner Restaurant by paying the Partner Delivery driver at the time of delivery. Where cash payment is possible, this will be made clear on our Service before you place your order.
Where 1Delivery or any Partner Restaurants make a delivery, we may at our sole discretion charge you a delivery fee which will be notified to you before you complete your order.
When you place an order, you will have the option to make a discretionary payment in the form of a tip or gratuity to insta-eat in addition to the purchase price of the Meals in your order. Additional information on how 1Delivery deals with tips is available on our website.
11. Our Liability
To the extent permitted by law, insta-eat provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither insta-eat nor any Partner Restaurant shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that insta-eat or the Partner Restaurant is found to be liable to you our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order. This does not exclude or limit in any way insta-eat or any Partner Restaurant's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
12. Events Outside Our Control
No party shall be liable to the other for any delay or non-performance of its obligations under these terms arising from any cause beyond its control including, without limitation,any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause 12 shall excuse the Customer from any payment obligations under these terms.
13. No Agency
Nothing in these terms is intended to constitute insta-eat as your agent or authorise insta-eat to enter into any commitments for or on your behalf.
Neither you, 1Delivery nor the Partner Restaurant shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
If any provision of these terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
16. Entire Agreement
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
17. Our Right To Vary These Terms And Conditions
18. Law And Jurisdiction
The English courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
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