GETFED’S TERMS AND CONDITIONS of service
Last Updated: 11 January 2018
Please read these Site Terms (defined below) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Site (defined below), you agree to comply with and be bound by the Site Terms.
If you are a Home Cook, please ensure you read our Home Cook Terms & Conditions available [here] as these apply to you.
Unless otherwise stated, any reference to a paragraph is to a paragraph of these Site Terms.
- INFORMATION ABOUT US, HOW TO CONTACT US AND THE SCOPE OF OUR SERVICES
- Company details: GetFed.net is a website operated by NeighbourhoodFood Limited ("we", "us" or "GetFed"), a private limited company incorporated and registered in Scotland with registered number SC560411 whose registered office is at c/o CMS Cameron McKenna Nabarro Olswang LLP, 1 West Regent Street, Glasgow, Scotland G2 1AP.
- How to contact us: You can contact us by writing to our customer support team at Support@getfed.net.
- How we may contact you: If we have to contact you we will do so by telephone, text message or by writing to you at the e-mail address or postal address you have provided to us.
- Scope of services:
- We provide an online marketplace platform which enables Home Cooks to sell their Meals using the Site and to communicate and transact directly with Site users that are seeking to purchase Meals. GetFed markets Meals on behalf of Home Cooks, concludes orders on their behalf and, where possible, delivers Meals to you. GetFed does not own, create, sell, resell, provide, control, test, manage or offer any Meals.
- When you order a Meal from a Home Cook using the Site ("Order") you are entering into a contract directly with the Home Cook. GetFed is not and does not become a party to or other participant in any contractual relationship between you and the Home Cooks, nor is GetFed a regulated food business establishment or insurer of the Home Cooks. GetFed is not acting as an agent in any capacity for any Site user, except as is specified in our payment terms within these Site Terms. All Meals are subject to availability.
- Whilst we may help facilitate the resolution of disputes, GetFed has no control over and does not guarantee: (i) the existence, quality, safety, sustainability, or legality of any Meals (or their ingredients), or any Meal listings or Home Cook services (including delivery services); (ii) the truth or accuracy of any Meal descriptions, Ratings (defined at paragraph 7.4 below) or other Home Cook content; or (iii) the performance or conduct of any Home Cook or third party. GetFed does not endorse any Home Cook's Meals, delivery service (as applicable) or any other service the Home Cooks provide. Any reference to a Home Cook or other Site member being “verified” (or similar language) only indicates that the Home Cook has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by GetFed about any Home Cook, including of the Home Cook’s identity, background, cooking ability, standards of food hygiene and safety or whether the Home Cook is trustworthy, safe or suitable. You should always exercise due diligence and care when placing an Order, using any available delivery services of the Home Cook or when communicating and interacting with any Home Cook, whether online or in person. Visitor Materials (defined in paragraph 10.1.1 below) (including photographs of Meals) are intended only to indicate a photographic representation of a Meal at the time the photograph was taken, and are therefore not an endorsement by GetFed of any Home Cook or Meal.
- You are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your use of the Site.
- Purpose: The purpose of our Service is to provide a simple and convenient service to you, linking you to our Home Cooks and allowing you to purchase Meals from them. GetFed markets Meals on behalf of Home Cooks registered on the Site.
- Service availability: GetFed offers an ordering and delivery service (subject to GetFed’s and/or the Home Cooks’ ability to deliver to you) on behalf of Home Cooks. The geographical extent (by postcode area) to which Home Cooks may use the Site to market their Meals is set out in Appendix 1 to these Site Terms. Such geographical extent is subject to change during and following GetFed’s trial period at the sole discretion of GetFed. Where Meals are being delivered, each Home Cook has a prescribed delivery area. You will only be able to Order a Meal from a Home Cook if you are placing your Order from within the respective Home Cook's prescribed delivery area. This is to ensure that Meals reach you when they are at their best. If you live outside a Home Cook's prescribed delivery area, you will not be able to place an Order with such Home Cook. Availability to place an Order will be at the discretion of the Home Cook.
- Copyright/Trademark Information: ‘GetFed’ is a Copyright of Neighbourhoodfood Limited. All rights reserved. All trademarks, logos and service marks (“Marks”) which are displayed on the Site are registered with the UK Intellectual Property Office or are otherwise held by GetFed or other third parties and are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Please contact us in accordance with paragraph 1.2 for further information regarding copyright/trademark information.
- SITE ACCESS AND TERMS
- Site access: You may access some areas of the Site without making an Order or registering your details with us. Most areas of the Site are open to everyone.
- Acceptance of terms: By accessing any part of the Site, you indicate that you accept these Site Terms. If you do not accept these Site Terms, you should leave the Site immediately, and you will not be able to order any Meals through the Site. If you have any questions relating to these Site Terms please contact our customer support team in accordance with paragraph 1.2 above before you place an Order. If you do not accept the Site Terms in full, please do not use the Site or our Service.
- Application Terms and Google Maps/Earth Mapping Services:
- Your use of the App is also subject to other terms and conditions, including without limitation (and where applicable) the Apple Media Services Terms and Conditions or the Google Play Terms of Service for your applicable jurisdiction, available here:
Apple Media Services Terms and Conditions: http://www.apple.com/legal/internet-services/itunes/
Google Play Terms of Service: https://play.google.com/intl/en_uk/about/play-terms.html
If you access or download the App, you acknowledge and agree that it is your sole responsibility to comply with these terms and conditions, together with any other terms relevant to your use of the App.
- Some areas of the Site implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service (https://www.google.com/help/terms_maps.html).
If you access or download the App, you acknowledge and agree that it is your sole responsibility to comply with these terms and conditions, together with any other terms relevant to your use of the Google Maps/Earth application.
- Revision of terms: We may revise these Site Terms at any time by amending the webpage where these Site Terms are held. You should check the Site regularly to review the current Site 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 the Site.
- Responsibility: You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Site Terms and that they comply with them.
- YOUR STATUS
- Capacity and age: By placing an Order through a Site, you warrant that:
- You are legally capable of entering into binding contracts;
- If you reside in Scotland, you are at least 16 years old; and
- If you reside elsewhere in the UK, you are at least 18 years old.
- Alcohol, Cigarettes and Illegal Substances: You acknowledge and agree that you shall not purchase anything other than Meals whilst using the Site and/or Service and for the avoidance of doubt, you shall not purchase alcohol, cigarettes or any illegal substances from any Home Cook in conjunction with your use of the Site and/or the Service.
- Account Creation: In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.
- Accurate and up-to-date Information: All the registration information you submit must be truthful, accurate and complete. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information to maintain its accuracy.
- What to do if you want to delete your Account: You can delete your Account at any time, for any reason, by following the instructions on the Site. At this point, we should remind you that we also have certain rights to suspend or terminate your account (please refer to paragraph 14 for further information).
- You are responsible for your Account: You are responsible for maintaining the confidentiality of your Account log-in information (including your password). Accordingly, you are responsible for all activities that occur under your Account.
- What to do if you become aware of, or suspect, unauthorised use of your Account: You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of security.
- One Account: You may not register more than one (1) GetFed account unless GetFed authorises you to do so. You may not sell, assign or otherwise transfer your GetFed account to another party.
- HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
- Terms applicable to all Orders: Subject to meeting any requirements (such as completing any verification or registration process) set by GetFed or the Home Cook, you can Order a Meal by following the respective Order process. The cost of the Meal(s), an administration charge of £0.75 (the "Administration Charge") and, if applicable, a £2.00 cost in respect of the Home Cook or third party delivery provider (as applicable) delivering the Meal(s) to you (collectively, “Total Fees”) will be taken from you on the completion of your Order in accordance with the terms of paragraph 6 below.
- Compiling your Order: Once you have selected the Meal(s) you wish to order from your chosen Home Cook and provided the other required information such as number of portions required and payment information, you will be given the opportunity to submit your Order by clicking or selecting the "Pay Now" 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 we will start processing your Order and errors cannot be corrected.
- Amending or cancelling your Order: Once you have submitted your Order and your payment has been processed, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraph 5.6 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact our customer support team in accordance with paragraph 1.2 and they will attempt to contact the Home Cook in order to communicate your request(s). However, there is no guarantee that we will be able to reach the Home Cook or that the Home Cook will agree to your requests as they may have already started processing your Order.
- Payment authorisation: Where any payment you make is not authorised or processed, your Order will not be processed or communicated to the relevant Home Cook.
- Processing your Order: On receipt of your Order and subject to paragraph 5.4 above, we will begin processing it by sending it to the relevant Home Cook. After the Home Cook has confirmed that he/she has accepted your Order, we will notify you by e-mail or by SMS text message (“Confirmation of Acceptance”) that your Order has been accepted. The contract for the provision of the Meal you order through GetFed will be between you and the Home Cook. If you do not receive Confirmation of Acceptance no payment will be taken. Please note that any earlier confirmation page that you may see and any Order confirmation e-mail or SMS text message that you may receive merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Home Cook. If you do not receive Confirmation of Acceptance your payment will be returned to you as soon as is possible (please refer to paragraph 6.5 below). Please note that any earlier confirmation page that you may see and any Order confirmation e-mail or SMS text message that you may receive merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Home Cook.
- Home Cook rejections: We encourage all of our Home Cooks to accept all Orders, however, all Meals are subject to availability. Home Cooks are required to communicate a rejection of an Order promptly, and we will notify you (by e-mail or by SMS text message) as soon as reasonably practicable if a Home Cook rejects your Order. Home Cooks do have the discretion to reject Orders at any time, for any reason. Please refer to paragraph 6.5 below regarding the return of your payment following a rejected Order.
- Meals and Allergies: The Home Cooks may use nuts: (a) in the preparation of the Meals they list; and/or (b) in the premises in which the Meals are produced. GetFed cannot guarantee that any of the Meals sold by the Home Cooks are free from nuts, or any other allergens (such as eggs, milk and gluten). Home Cooks have an obligation to disclose any allergens in the Meals they are selling but if you have any nut allergies, we would suggest that you do not use the Site or Service. If you are unsure, please contact the Home Cook prior to ordering.
- Delivery of your Order: Estimated times for deliveries (where available) and collections are provided by the Home Cooks and are only estimates. Neither we nor the Home Cooks guarantee that Orders will be delivered or will be available for collection within the estimated times.
- Creation of contractual relationship on making an order: Upon the placing of an Order and subject to the Home Cook’s right to cancel an Order at any time (in accordance with paragraph 5.6 above), a legally binding agreement is formed between you and the Home Cook. GetFed will collect the Total Fees from you in accordance with paragraph 6 below. Such payment will be taken from your account on the placing of an Order.
- PRICE AND PAYMENT
- VAT and delivery costs: Prices will be as quoted on the Services. These prices include VAT (if applicable) but may exclude delivery costs (if you opt for delivery (where available) instead of collection) and the Administration Charge. These will be added to the total amount due where applicable.
- Incorrect pricing: This Site contains a large number of Meals and it is possible that some of the Meals may include incorrect prices. If the correct price for an Order is higher than the price stated on the Site, our customer support team or the Home Cook may contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Home Cook is under any obligation to ensure that the Order is provided to you at an incorrect lower price or to compensate you in respect of incorrect pricing. Should you be overcharged for a Meal, you should contact us in accordance with paragraph 1.2 above.
- Payment methods: Payment for all Meals can be made by credit or debit card through our Service. Once your Order is placed, your credit or debit card will be pre-authorised. Upon acceptance of your order by the relevant Home Cook the full amount or your order will be taken for payment. Payment is made directly to GetFed and an amount is subsequently passed on by GetFed to the Home Cook. We are authorised by our Home Cooks 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 Home Cooks.
- Card payments: Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
- Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit card or debit card and your payment has been authorised and processed, your bank or card issuer will transfer to us the full amount of your Order. If no Confirmation of Acceptance is given or if your Order is subsequently rejected by the Home Cook (as described in paragraphs 5.5 or 5.6 above) no payment will be taken. If your order is cancelled for any other reason the full amount of your Order will be refunded to you (unless GetFed determines at its sole discretion otherwise). 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 relevant Home Cook 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.
- CUSTOMER SUPPORT
- General: Customer support is extremely important to us. Subject to paragraphs 7.5 and 12, our Customer Support team will therefore try to assist you where possible if you have any problems with your Order. You can contact our customer support by contacting us in accordance with paragraph 1.2 above.
- Questions about your Order: If your Order is taking longer than expected or if you have any other problems with your Order, you should (in the first instance) contact the Home Cook directly to resolve your questions or queries. If you are unable to contact the Home Cook, please contact our customer support team as soon as is reasonably practicable in accordance with paragraph 1.2 above and we will attempt to contact the Home Cook in order to follow up on your question or query.
- 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 may contact our customer support team in accordance with paragraph 1.2 and they will attempt to contact the Home Cook in order to communicate your request(s). However, there is no guarantee that we will be able to reach the Home Cook, or that the Home Cook will agree to your requests as they may have already started processing your Order. If the Home Cook has started to prepare your Order, the Home Cook will have the sole discretion as to whether to agree to your change or cancelation request.
- Complaints or feedback:
- Within a certain timeframe after completing an Order, you may be prompted to leave a public rating (“Rating”) regarding your experience with a Home Cook. Any Ratings reflect the opinions of the individuals using the Service and do not reflect the opinion of GetFed. Ratings are not verified by GetFed for accuracy and may be incorrect or misleading.
- Ratings by individuals must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings must comply with and are subject to the terms of paragraph 10 below.
- You are prohibited from manipulating the Ratings system in any manner, such as instructing a third party to provide a positive or negative Rating about a Home Cook.
- In the event that you are particularly pleased with or dissatisfied with the quality of any Meals or the service provided by a Home Cook, please consider providing a Rating to reflect your experience. The Ratings are an important part of our quality control process.
- Compensation: If you are dissatisfied with the quality of any Meals or the service provided by a Home Cook and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Home Cook directly to lodge your complaint and, where appropriate, follow the Home Cook’s own complaint procedures. If you are unable to contact the Home Cook, or the Home Cook refuses to deal with your complaint, you can contact our customer support team as described above within 48 hours of placing your Order and we will attempt to contact the Home Cook in order to request compensation on your behalf. Please note that we have no control over Home Cooks and the quality of the Meals 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 Home Cook.
- Terms of permitted use: You are permitted to use the Site and print and download extracts from the Site for your own personal non-commercial use on the basis that the licence is:
- non-transferable – you can’t pass this right to someone else;
- non-exclusive – other people can access and use the Site;
- revocable – we have the right to remove your ability to use the Site in accordance with the Site Terms; and
- limited – the licence does not extend beyond what has just been described above.
- Certain Restrictions: The rights granted to you in these Site Terms are subject to a number of important restrictions, particularly relating to how you access and use the Site, GetFed’s property that is comprised in the Site and other users’ Visitor Material (please refer to paragraph 10 below). In particular, you agree that your use of the Site is subject to the following restrictions:
- You must not misuse the Site (including by hacking or scraping).
- Unless otherwise stated, the copyright and other intellectual property rights in the Site and in material published on it (including without limitation photographs and graphical images) are owned by GetFed 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 Site Terms, any use of extracts from the Site other than in accordance with paragraph 8.1 is prohibited. Neither these Site Terms (nor your access to the Site) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights, except for the limited access rights expressly set forth in their Site Terms. GetFed and its suppliers reserve all rights not granted in these Site Terms. There are no implied licences granted under these Site Terms.
- You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 8.1 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 Site is always acknowledged.
- You are not allowed to use any of the materials on the Site or the Site itself for commercial purposes without obtaining a licence from us to do so.
- You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site.
- You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, otherwise than as permitted by applicable law for interoperability purposes.
- You shall not access the Site in order to build a similar or competitive website, product, or service.
- Except as expressly stated in these Site Terms, you agree that no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
- Limitation on use: Except as stated in paragraph 8.1, the Site may not be used, and no parts of the Site may be reproduced or stored in any other Site or included in any public or private electronic retrieval system or service, without our prior written permission.
- Reservation of rights: Any rights not expressly granted in these Site Terms are reserved.
- SERVICE ACCESS
- Site availability: While we try to ensure the Site 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 Site is unavailable at any time or for any period. The Site is provided over the Internet and so the quality and availability of the Site may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Site or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Services, and for paying any data charges that may be charged to you by your network provider in connection with your use of the Services.
- Suspension of access: Access to the Site may be suspended temporarily at any time and without notice.
- Information security: 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 Site; any transmission is at your own risk.
- No Support or Maintenance: Subject to customer support in relation to your Orders as described above/below, you acknowledge and agree that GetFed will have no obligation to provide you with any support or maintenance in connection with the Site.
- Ownership: Excluding any Visitor Material (defined in paragraph 10.1.1 below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by GetFed, GetFed’s suppliers or, in the case of other users’ Visitor Material, other users of the Site. Neither these Site Terms nor your access to the Site transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights, except for the limited access rights expressly set forth in these Site Terms. GetFed and its suppliers reserve all rights not granted in these Site Terms. There are no implied licences granted under these Site Terms.
- VISITOR MATERIAL AND RATINGS
- 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 to 10.3 below.
- Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Site 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.
- Visitor Ratings Policy: In particular (but without limitation), any Ratings that you submit through the Site must not, where applicable:
- contain any defamatory, obscene or offensive material;
- promote violence or discrimination;
- infringe the intellectual property rights of another person;
- breach any legal duty owed to a third party (such as a duty of confidence);
- promote illegal activity or invade another's privacy;
- give the impression that they originate from GetFed; or
- be used to impersonate another person or to misrepresent your affiliation with another person.
- The following sub-paragraphs constitute our “Acceptable Use Policy”:
- Protection of our reputation and third party rights: You agree not to use the Site to collect, upload, transmit, display, or distribute any Visitor Material (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious or delictual (as appropriate), threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, bullying or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- Protection of our systems: In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- Removal of Ratings: The prohibited acts listed in paragraphs 10.2 and 10.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Ratings or other Visitor Material posted, uploaded or transmitted to the Site that we determine breaches a prohibition in paragraphs 10.2 or 10.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
- Use of Ratings: The Ratings and other Visitor Material contained on the Site are for information purposes only and do not constitute advice from us. Ratings and Visitor Material reflect the opinions of customers who have ordered through the Site or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Ratings or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
- Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Ratings or other Visitor Material in breach of paragraph 10.2 or 10.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
- LINKS TO AND FROM OTHER WEBSITES
- Third party websites: Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
- Linking permission: You may link to the Site's homepage (GetFed.net), provided that:
- you do so in a fair and legal way which does not damage or take advantage of our reputation;
- you do not establish a link from a Site that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
- any Site from which you link must comply with the content standards set out in these Site Terms (in particular paragraph 10 (Visitor Materials and Ratings)); and
- we have the right to withdraw linking permission at any time and for any reason.
- Site information: While we try to ensure that information on the Site is correct, we do not promise it is accurate or complete. We may make changes to the material on the Site, or to the Service, Meals and prices described on it, at any time without notice. The material on the Site may be out of date, and we make no commitment to update that material.
- Allergy, dietary and other menu information: We require Home Cooks to accurately detail the ingredients, descriptions, prices, heat and allergenic warnings and any other relevant information ("Meal Information") from the Meals that are marketed on the Site by Home Cooks. It is the Home Cooks that are responsible for providing the Meal Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Meal Information, you should confirm with the Home Cook directly before ordering.
- Home Cook actions and omissions: The legal contract for the supply and purchase of Meals is between you and the Home Cook that you place your Order with. We have no control over the actions or omissions of any Home Cook. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Site:
- we do not give any undertaking that the Meals ordered from any Home Cook through the Site will be of satisfactory quality or be suitable for your purpose and we disclaim any such warranties.
- estimated times for deliveries and collections are provided by the Home Cooks and are only estimates. Neither we nor the Home Cooks guarantee that Orders will be delivered or will be available for collection within the estimated times.
- we encourage all our Home Cooks to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by e-mail) as soon as reasonably practicable if a Home Cook rejects your Order. However, we do not guarantee that Home Cooks will accept all Orders, and Home Cooks have the discretion to reject Orders at any time because they are too busy, or for any other reason.
- the foregoing disclaimers do not affect your statutory rights (where applicable) against any Home Cook.
- OUR LIABILITY TO YOU
- Exclusion of terms: We provide you with access to the Site and 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 Site and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Site or Service, or be otherwise implied or incorporated into these Site Terms, by statute, common law or otherwise). Nothing in these Site Terms affects your statutory rights.
- General: Nothing in these Site Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Site Terms affects your statutory rights (where applicable).
- Exclusion of liability: Subject to paragraph 13.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence) or delict (to be determined in accordance with paragraph 18), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Site (including the use, inability to use or the results of use of the Service or the Site). The Site and Services are only available for domestic and private use. If you use the Site and Services for commercial purposes, GetFed accepts no liability for any losses you may suffer irrespective of how they arise.
- Limitation of liability: Subject to paragraphs 13.2, our total liability to you in respect of all other losses arising under or in connection with the Services, whether in contract, tort (including negligence) or delict (to be determined in accordance with paragraph 18), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.
- Unauthorised Access: We will not be responsible for any loss or damage incurred as a result of unauthorised access to your Account which is not within our reasonable control.
- 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 Site, 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.
- Home Cooks Liability: Subject to paragraph 13.1, you acknowledge and agree that GetFed shall not be liable for any losses arising out of or relating to the Meals or any delivery or other services the Home Cook provides and that any such liability is that of the Home Cooks.
- TERM AND TERMINATION
- Duration of Terms: These Site Terms will remain in full force and effect while you use the Site.
- When we might suspend or terminate your Account or Site access: We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Site Terms.
- Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Site and your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your Visitor Material associated with your Account from our live databases – for this reason, we recommend you back up your Visitor Material.
- What terms will continue after these Terms have been terminated? Even after your rights under these Site Terms are terminated, the following provisions of these Site Terms will remain in full effect: Paragraphs 8.2 to 8.4, 10 to 18.
- WRITTEN COMMUNICATIONS
- Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site or ordering Meals via the Site, you accept that communication with us will be mainly by electronic methods. We will contact you by e-mail or provide you with information by posting notices on the Site.
- 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.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Site Terms that is caused by events outside our reasonable control ("Force Majeure Event").
- 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:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- traffic, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under these Site 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 Site Terms may be performed despite the Force Majeure Event.
- ADDITIONAL TERMS
- Severance: If a court finds part of these Site Terms illegal, the rest will continue to have full force and effect. If any of these Site Terms are 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 of these Site Terms which will continue to be valid to the fullest extent permitted by law.
- Entire agreement: These Site 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.
- No waiver: Even if we delay in enforcing these Site Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Site Terms, or if we delay in taking steps against you in respect of your breaking these Site Terms, 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.
- Assignment: We may transfer these Site Terms to someone else. You may not transfer any of your rights or obligations under these Site Terms without our prior written consent. We may transfer any of our rights or obligations under these Site Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
- Third party rights: These Site Terms do not confer on any person other than you and us any right to enforce or otherwise invoke any term of these Site Terms under the Contract (Third Party Rights) (Scotland) Act 2017, Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Non-Disparagement: In order to protect the legitimate business interests of GetFed, you covenant with us that you shall not at any time, say anything which may be harmful to the reputation of GetFed, whether defamatory or otherwise. Should you be experiencing any issues with GetFed, please contact us in accordance with paragraph 1.2 above.
- Headings: The headings in these Site Terms are included for convenience only and shall not affect their interpretation.
- GOVERNING LAW AND JURISDICTION
- If you reside in Scotland, these Site Terms shall be governed by and construed in accordance with Scots law. Disputes or claims arising in connection with these Site Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish courts.
- If you reside elsewhere in the UK, these Site Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Site Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.
- VOUCHER TERMS AND CONDITIONS
- All discounts, vouchers or codes only apply to first Order by new customers of GetFed unless otherwise stated.
- New customers are only permitted to use one discount voucher or code when placing their first Order only. Subsequent Orders will then not be eligible for any new customer discounts, vouchers or codes.
- A new customer is defined as someone who registers, makes a meal selection and enters the discount or voucher code specified on the advert, coupon or leaflet, at checkout during their Order procedure.
- A minimum spend may be applicable in order to validate and use any discount, voucher or code.
- Unless otherwise stated, all discounts, vouchers or codes must be redeemed within the period specified on the applicable discount, voucher or code.
- Only one discount, voucher or code can be redeemed per Order and each discount, voucher or code can only be used once per person.
- Any discounts, vouchers or codes cannot be used in conjunction with any other GetFed offer.
- Discounts, vouchers or codes cannot be exchanged for cash or any other alternatives and have no monetary value.
- Cancelled Orders will invalidate the use of that code on an account. If this is a new customer discount or code, new customers will then not be eligible for any subsequent new customer discounts, vouchers or codes.
- All discounts, vouchers and codes can only be used on one Order, and any remaining credit from that discount, voucher or code cannot be carried forward to any additional or subsequent Orders.
- Discounts, vouchers or codes may be provided on a customer service basis.
- Any attempt to manipulate the system and use of discounts, vouchers or codes by use of bulk entry via third parties or syndicates, macros, 'script', 'brute force', masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the Order and use of that discount, voucher or code invalid and may potentially lead to that account being closed down.
- If for any reason a discount, voucher or code becomes invalid due to technical failures or any other causes beyond the control of GetFed, or a meal becomes unavailable, GetFed reserves the right (subject to any written directions given under applicable law) to cancel, suspend or modify the campaign that is related to that discount, voucher or code and not re-issue any additional discounts, vouchers or codes to affected customers.
- GetFed reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid redemptions including, without limitation, to require further verification as to the identity, age, and other relevant details of a customer.
- By redeeming the discount, voucher or code, customers agree to release GetFed from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the campaign or with the acceptance or possession of any Order.
Home Cooks can presently operate in the following postcode areas:
G 1 3
G 2 1
G 2 2
G 2 4
G 2 5
G 2 6
G 2 8
G 5 8
G 1 4
G 1 1
G 1 5
G 11 6
G 4 9
G 41 1
G 2 3
G 12 8
G 3 8
G 3 7
G 31 2
G 11 5
G 51 1
G 3 6
G 42 8
G 42 7
G 40 1
G 20 6
G 20 7
G 41 3