PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU SHOULD NOT ACCESS AND/OR USE THE ONLINE ORDERING (HEREINAFTER NAMED “ONLINE
ORDERING APPLICATION”). ACCESS AND/OR USE OF THE ONLINE ORDERING BY YOU SHALL BE DEEMED TO BE YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS.
These Terms and Conditions apply when ordering online from ask4dish.co.uk (referred to
as “We”, “Us” or "Our").
These Terms and Conditions apply to you as the customer placing an order (referred to as “you” or “your”)
from your chosen restaurant, takeaway, supermarket, or other provider (referred to as the “Restaurant”).
Subject to applicable laws and regulations, we may, in our discretion, amend or otherwise modify these
Terms and Conditions from time to time.
We recommend that you read these Terms and Conditions carefully each time you order online, as they may affect your rights.
For the avoidance of doubt, these Terms and Conditions also apply to orders placed via the application
(the “Online Ordering Application” or “Application”). The Application enables you to place orders for products and/or services
(the “Products” and/or “Services”). The Application is owned and operated by the licensor under a separate licence agreement
governing its use. Nothing in these Terms and Conditions limits the application of that licence agreement, and you must also
comply with it when using the Application.
The online ordering application and/or process may include content, information, or links to third parties or third-party websites.
Neither we nor the Restaurant are responsible for the content of any such websites, for any third-party advertising or sponsorship,
or for their compliance with any regulations. Any such links are accessed at the user’s own risk, and neither we nor the Restaurant
make any representations or warranties as to the content, completeness, or accuracy of those links or the websites to which they link.
You agree to hold harmless and indemnify us and the Restaurant against any liability arising from your use of any third-party information
or any third-party website.
If you decide to order online using the online ordering application, you may be asked to provide full contact details and/or to create
an account, and you may be required to accept cookies. You must keep your account details confidential and must not disclose them to anyone.
The Restaurant and we reserve the right to suspend your access to the online ordering application and/or process if you breach these
Terms and Conditions.
You can pay using any of the methods listed at checkout.
We do not store or process your payment card details. Payment processing is handled by a third-party, PCI-compliant payment provider.
We are not responsible for any failure or interruption in payment processing by the payment provider. If you pay by a method other than
cash and the Restaurant rejects your order, you will be provided with a full refund by the third-party payment provider.
Please contact the Restaurant directly to resolve any payment dispute or refund claim.
The online ordering application may only be used by persons aged sixteen (16) or over (or eighteen (18) or over where the order contains
alcohol), or by persons under those ages only under the supervision of a parent, adult, or legal guardian, and subject to the minimum
legal age requirements applicable in your jurisdiction.
We and the Restaurant expect customers to treat staff and representatives with respect. We will not tolerate abusive, threatening, harassing,
discriminatory, or violent behaviour (including in person, by telephone, email, messaging, social media, or any other communication).
Where we or the Restaurant reasonably believe such behaviour has occurred, we and/or the Restaurant may take appropriate action,
including (without limitation) refusing or cancelling an order, restricting communications, suspending or terminating an account, and/or
reporting the matter to the relevant authorities. Any action taken will be proportionate and will not be based on any protected characteristic.
These Terms and Conditions set out the general terms governing online orders between us and you, including the rights
and obligations of each party.
The Restaurant shall use all reasonable diligence to ensure that the information in relation to online ordering is accurate
and reliable. However, this is not infallible and errors may sometimes occur. You should take appropriate steps to verify
all information in relation to online ordering before using it. To the maximum extent permitted by applicable law, the
Restaurant disclaims any warranty or representation of any kind, whether express or implied, in relation to online ordering,
including, without limitation, the availability of the online ordering application. The Restaurant may from time to time revise
the information in relation to the online ordering application and/or process and reserves the right to make such changes
without any obligation to notify any past, current or prospective clients. In no event shall the Restaurant be liable for
any indirect, special, incidental or consequential damages arising out of any use of the information contained herein and/or
in relation to the online ordering process.
By ordering online, you acknowledge and agree that use of the online ordering application and/or processes is at your own risk
and, to the maximum extent permitted by applicable law, in no circumstances shall we be liable for any direct, indirect,
incidental, special, consequential, or punitive damages, losses, costs or expenses, nor for any loss of profit, resulting from
the use of, or inability to use, this online ordering service and/or any application and/or material on any site linked to this
online ordering application (including, but not limited to, viruses, errors or defects, or failures in computer transmissions
or network communications), even if we have been advised of the possibility of such damage.
In addition, we accept no liability in respect of any changes made to the content of the online ordering application and/or
process by unauthorised third parties. All express or implied warranties or representations are excluded to the maximum extent
permitted by applicable law.
Unless expressly stated otherwise, all content and materials relating to the online ordering application (including, without
limitation, images, buttons and text) are owned by, or licensed to, us and/or our licensors and are protected by applicable
intellectual property laws. Such content may not be copied, distributed, reproduced, or transmitted in any form or by any means
(electronic, mechanical, photocopying, recording or otherwise) without our prior written consent.
The content referring to specific products (e.g. food items), the arrangement and text layout of the online ordering application
and/or process, the trademarks, and any other content are proprietary, are protected in accordance with applicable laws and
regulations, and may not be used in any way without our express written permission. The Client does not obtain any licence or
right in relation to the information in the online ordering application and/or the online ordering process.
You acknowledge and agree that all orders are treated as an expression of intention to purchase the nominated products and/or
services at the agreed online prices, and we treat this as a binding offer from you to purchase such products and services.
Any variations must be in writing; otherwise they will not be binding on either party. Acceptance of any order for any products
and/or services shall be at the sole discretion of the Restaurant. Acceptance of an order may occur when you receive an on-screen
message and/or email notification and/or SMS confirming your order.
The Restaurant and we reserve the right to refuse service, terminate your access to the online ordering application and/or process,
remove or edit any content, or accept your order(s) in our sole discretion and without prior notice to you. Any products and/or
services provided through the online ordering application are provided on an “as is” and “as available” basis, and the Restaurant
and we expressly exclude any warranties, conditions, representations or other terms with respect to online ordering or the content
or products displayed, whether express or implied, unless expressly stated to the contrary.
Product images are for illustration purposes only. The products delivered may differ (e.g. in colour, form, etc.) from the photos
displayed on the site. The Restaurant and/or we are not liable if product descriptions are incomplete.
Delivery orders are also subject to: (i) your address falling within the Restaurant’s defined delivery area; (ii) the Restaurant
being available online to accept online orders; and (iii) any minimum order value applicable to your order.
Please note that prices, minimum spend restrictions and maximum cash spend restrictions vary from location to location. In addition,
if you order online, the price charged may be different from the price for the Products had they been ordered in-store or by
telephone. Once placed, an online order cannot be modified or cancelled through the website, but you can call the Restaurant to
discuss changes.
However, if you wish to cancel or complain about your order, please call the Restaurant. The Restaurant’s contact details will be
included in the confirmation email sent to you upon placing your order, and we will try to assist where we can. The Restaurant will
aim to provide your ordered products as close as possible to your requested delivery/collection time, but cannot guarantee delivery
times in all cases. Delivery times may be affected by bad weather or traffic conditions. This is to ensure the safety of
riders/drivers. Delivery service may be temporarily unavailable in selected areas due to bad weather or unforeseen circumstances.
The Client agrees to accept delivery of the Products at the agreed time and place of delivery. If you have chosen for the Products
to be delivered, the Restaurant will deliver the order to the main entrance of the delivery address. Any deliveries carried into
the delivery address will only be made if both the driver and you consent. If you are not present to take delivery of the goods
at the address given in your order, the Restaurant and/or us will not refund the price paid for your order and you will be charged
the full amount of your order. Risk in the Products shall pass to the Client on delivery.
Any software and/or service is used and/or downloaded at your own risk. If you are in any doubt as to the suitability of the software
and/or service for your computer, it is recommended that you obtain specialist advice before using and/or downloading it. You are
responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full
responsibility for all your activities in relation to the online ordering services.
You may not assign, sublicense, or otherwise transfer any of your rights under these Terms and Conditions. If any provision of this
agreement is or becomes void, illegal, invalid or unenforceable, it shall not affect the validity or enforceability of the remaining
provisions, which shall continue in full force and effect as if the void, illegal, invalid or unenforceable provision had not formed
part of this agreement.
These Terms and Conditions do not affect your statutory rights.
The Restaurant’s trademarks and/or our trademarks, as well as the related trademarks of others and related proprietary property, are
protected from copying and imitation under national and international laws and must not be reproduced or copied without the express
written permission of the Restaurant and/or us.
To the fullest extent permitted by law, the Restaurant and we exclude all liability arising out of the supply of the Products and,
in particular, shall not be responsible for any loss or damage arising directly or indirectly out of, or in connection with:
(i) delay beyond the estimated delivery or collection time; (ii) circumstances beyond the Restaurant’s reasonable control and the
consequences of which the Restaurant could not avoid by the exercise of reasonable care; or (iii) any indirect or unforeseeable loss
suffered or incurred by the Client or others. In any event, the Restaurant’s liability to the Client shall not exceed the total price
charged for the relevant products and/or services.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the country in which the Restaurant is
headquartered, and any dispute arising out of or in connection with these Terms and Conditions shall be subject to the jurisdiction
of the competent courts at the Restaurant’s headquarters, excluding its conflict of laws rules.
These services are provided to you and the Restaurant by AD Smart Solutions Ltd.