Terms & Conditions

Terms & Conditions Of Use


Your access to and use of Takeawayfever.com (the “web site”) are subject exclusively and strictly to these Terms & Conditions of Use. These Terms & Conditions of Use are a legal agreement between us and describe the terms and conditions applicable to your use of our web site and the services we offer.

1. Introduction:

1.1 By using this Website and/or placing an order by any means you agree to be bound by the Terms and Conditions as set out below. If you do not agree to be bound by the Terms and Conditions you may not access this Website, nor be able to purchase any goods from companies listed herein.

1.2 These Terms and Conditions apply to each of the following: Your use of this Website; Your placing of an order for Goods and Services via this Website, including any orders made by Telephone, Fax, Email or otherwise in Writing as a result of using this Website; Your relationship with us.

1.3 It is important that you understand the following:

  • We act as a disclosed commercial agent for the Restaurant in relation to some of the Goods and Services provided via this Website. This means that the contract you enter into for any Goods and Services not provided by us will be between you and the Restaurant and you will be subject to their terms and conditions, if any.
  • In the event that the Restaurant does not have any terms and conditions then these Terms and Conditions will apply;
  • If there is any conflict between these Terms and Conditions and the Restaurant's terms and conditions in respect of those Goods/Services the latter will prevail;
  • Whilst we act as agent we have no contractual liability to you in respect of any Goods and Services provided by the Restaurants. For the avoidance of doubt we will always be acting as agent for the Restaurants in the provision of Food Products.
  • Details relating to the Goods and Services, the Restaurant and who is responsible for what will be set out on the Website.
In the event of any questions in this regard please contact us.

1.4 We reserve the right to remove, modify or change without notice any information on this Website from time to time. We may also change these Terms and Conditions at any time by posting notice of the changes on the Website. If you use the Website after any changes have been made you will be bound by the new Terms and Conditions. You should therefore ensure that you read the Terms and Conditions each time you use the Website and immediately prior to placing any Orders. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website and should not place an Order.

1.5 Please read and pay close attention to the following Terms and Conditions:

  • Term 3 which sets out information relating to your order;
  • Term 5 which sets out information relating to any delivery service provided by us;
  • Term 6 which sets out your rights of cancellation, if any; and
  • Term 7 which sets out the extent of our liabilities to you in connection with your use of the website and any orders you place through us.

1.6 Please refer to Term 10 for useful definitions which will help you understand these Terms and Conditions.

2. Use of the Website:

2.1 This Website is provided to you for your personal use only. You agree that:

  • you will not use the Website for commercial or non-domestic purposes;
  • you will only use the Website for lawful purposes and in a lawful manner;
  • you will comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website;
  • any Personal Information you supply will be complete and accurate and in accordance with the privacy policy and you will notify us if any of your Personal Information changes;
  • you will not impersonate any other person or entity or use a false name or a name or other details that you are not authorised to use;

you will be financially responsible for all transactions carried by using this website;

2.2 We do not accept responsibility for the reliability of access to this Website or its fitness for a particular purpose and we will not be liable for any losses or damage resulting from your use or inability to use this Website.

2.3 While we make reasonable efforts to ensure that this Website is normally available 24 hours a day, you acknowledge that access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We will not be liable if for any reason this Website is unavailable at any time or for any period.

2.4 Whilst we make reasonable efforts to ensure that the information on this Website is correct and up to date, the Restaurants remotely upload details, descriptions and costs of Goods and Services via an extranet facility and are responsible for ensuring that information on the Website in respect of such Goods and Services is accurate and up to date. Therefore we cannot and do not make any warranties or guarantees about the accuracy and completeness of the material on this Website, including but not limited to information about the Food Products and prices described in it, and we make no commitment to update such material. Any complaints in respect of this should be communicated directly to the Restaurant.

2.5 We use reasonable endeavors to prevent contamination by known viruses and to maintain the security of this Website but we do not make any warranties or guarantees that the Website is free from viruses or contamination nor can we guarantee that this Website may not be affected by deliberate damage by hackers, failure of plant, machinery, equipment or computers, power failure, failure of telecommunications lines or any criminal action. All liability for such damage is hereby expressly excluded.

2.6 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. We do not guarantee that links to or from this Website will operate free from error or that it is free of computer viruses or any other material which is technically harmful.

2.7 You may not link to this Website without our prior written consent.

3. Your order:

3.1 Any and all Orders shall be deemed to be an offer by you to the Restaurant to purchase the Goods and Services pursuant to the Restaurant's terms and conditions. It will be clear in the Order Process who will be providing which of the Goods and Services.

3.2 You will be responsible for ensuring the accuracy of the details provided when you submit a Telephone Order or Online Order.

3.3 We cannot guarantee the length of time taken to process an Order nor accept any responsibility for failure to process the Order for whatever reason.

3.4 This Website is provided on an “as available” and "as is" basis. We do not make any warranties or guarantees as to the availability of the Goods and/or Delivery Services and all Orders are therefore subject to availability.

3.5 It is your responsibility to check the Restaurant opening times as displayed on the Website and we will not be liable for any losses or damage resulting from your placing of an Order outside of the Restaurant’s opening times at your own default. Where the Restaurant opening times are different to those advised on the Website then it is your responsibility to check this and is not the responsibility of Take Away Fever.

3.6 Whilst we aim to act as agents for only good and reputable Restaurants, we cannot guarantee the quality or fitness for purpose of the Food Products. We welcome your comments in respect of the Food Products but any complaints that you might have regarding the Food Products should be made directly to the Restaurant. If you wish for us to assist, please contact us.

4. Price and payment:

4.1 All prices quoted are in British Pounds Sterling (£) and may be subject to change.

4.2 All prices, charges and other costs and expenses are inclusive of VAT unless otherwise stated on the Website, Online Order Form, Invoice, Telephone Order or Order Acknowledgement.

4.3 Payment options are individual to each restaurant and it is your responsibility a the customer to check this before placing an order as such with a restaurant.

4.4 Payment of all sums arising in connection with your Order, including but not limited to payment of the Purchase Price for all the Goods and/or Services, together with any charges for delivery or other costs and expenses must be made directly between yourself and the restaurant. This is subject to the terms and conditions of the particular restaurant and should not be presumed to be the same for all businesses.

5. Delivery service:

5.1 For the avoidance of doubt your Online Order Form, Telephone Order and/or Order Acknowledgement is a direct communication between yourself and the restaurant only. The Restaurant’s own terms and conditions, if any, will apply and we do not accept any responsibility for this.

5.2 When using the Website, the restaurants available to you are located by reference to your postcode.

5.3 If the Restaurant provides a delivery service we make no guarantees in respect of such delivery service, including but not limiting to the time, availability or fitness for purpose of such service.

5.4 The following are your responsibility and must be arranged by you prior to making your Order:-

  • You must have made payment of the Purchase Price in full prior to delivery or have in place suitable means of making such payment to the delivery driver on delivery;
  • You must provide the restaurant with the full and correct delivery address including postcode; and

You must ensure that you are available to accept delivery of the Goods or expressly authorise another person to take delivery of the Goods on your behalf.

5.5 Charges for delivery of the Goods (“Delivery Charges”) may be based on the size of your Order, the distance from the Restaurant, the type of Restaurant and other variable factors. All Delivery Charges are subject to change at the discretion of the restaurant. We are not responsible for any charges you may incur for this service and it is your responsibility to enquire when placing your order.

6. Cancellation:

6.1 Due to the nature of the Goods and their being liable to deteriorate, perish or expire rapidly, you have no right to cancel the Order unless expressly permitted by the restaurant. It is your responsibility to contact the restaurant directly if you wish to cancel your order and this is subject to their terms and conditions.

7. Limitation of liability:

7.1 The following provisions in this term 7 set out our entire liability (including any liability for the acts and omissions of our employees agents and sub-contractors) to you in respect of any breach of our contractual obligations or any representation or other term or of any duty at common law or under statute (whether caused by our negligence or that of our employees or agents or subcontractors or otherwise) arising out of or in connection with the supply of the Goods and Services or your use of the Website.

7.2 We are not responsible and will not be liable for any unsatisfactory or defective Food Products and all complaints regarding such matters must be made directly to the Restaurant, including misrepresentation by the Restaurant of ingredients included within their Recipes. In any event, we would appreciate your comments on any restaurants, products or services, as this will assist us in providing a better quality service to you in the future.

7.3 We will not be responsible for any loss or damage, of whatsoever kind, connected to your use of the Goods and Services not provided by us, nor for any aspect of the relationship between you and the Restaurant, unless such loss or damage is caused by our own negligence.

7.4 We will not accept liability for damage to your property.

7.5 We will not accept any liability for any consequential special or indirect loss or damage, including for example any loss or damage for disappointment.

7.6 Our entire liability in respect of any breach of our obligations shall be limited to damages of an amount not exceeding the Purchase Price for that Order.

7.7 Nothing in these Terms and Conditions is intended to exclude or otherwise limit our liability for death or personal injury caused by our negligence and any term having this effect will be void.

7.8 We shall not be liable for any breach of our obligations resulting from circumstances beyond the reasonable control of us or our suppliers, including but not limited to strikes, lock-outs or other industrial disputes (of our own or others’ employees agents or sub-contractors), shortages or delays in transportation, inability to obtain supplies and raw materials, malicious damage, compliance with any law or governmental action, order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, or other adverse weather conditions subject to our notifying you as soon as possible on becoming aware of such circumstances

7.9 We shall not be liable for any damage caused by viruses or contamination nor will we be liable for any damage caused as a result of this Website being affected by deliberate damage by hackers, failure of plant, machinery, equipment or computers, power failure, failure of telecommunications lines or any criminal action.

7.10 We shall not be liable for any negligence of or breach of any contract between you and any third parties, including but not limited to your bank and/or credit card company.

8. Intellectual Property:

You acknowledge and agree that:

8.1 all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors.

8.2 you may view or print individual pages from the Website for your own personal non-commercial use only. You may not copy, reproduce, modify, distribute, commercially exploit, publish, re-sell, display, post, or transmit any part of this Website without our written permission.

8.3 you may not copy, reproduce, commercially exploit, or re-sell any of the Goods and/or designs displayed on our website.

9. General:

9.1 We will try to resolve any problems quickly and efficiently. If you are not happy with the way we deal with any complaints and you wish to take court proceedings, you must do so in the United Kingdom using the law of England and Wales.

9.2 If any term or provision of these Terms and Conditions (or any part of such term or provision) is found by any court or administrative body to be invalid or unenforceable for any reason, such term or provision shall to that extent be deemed to be removed from and not form part of these Terms and Conditions, but the validity and enforceability of the remainder of these Terms and Conditions shall not be affected.

10. Definitions and Interpretation:

In these Terms and Conditions, unless the context otherwise requires:

"Drinks": means any drink product which is sold to you directly by us outside of your order in respect of the Food Products;
"Food Products": means any and all of the Restaurant's goods and products ordered through the Website where we are acting as agent for the Restaurants.
"Goods": means any and all of the Restaurant's goods which are ordered through the Website where we are acting as agent for the Restaurants.
"Order": means the agreement between you and the Restaurant for the Goods.
"Restaurants": means the restaurants and other food establishments for who we act as agents in providing the Goods on their behalf;
"Services": means all services incidental to the supply of Goods on behalf of the Restaurants including, but not limited to, any delivery service provided by us or the Restaurant;
"Terms and Conditions": means these terms and conditions which include the details specified on the Online Order Form and/or in the Written Order;
"You/your": means a user of this Website.

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