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THIS AGREEMENT (the "Agreement") has been concluded and becomes effective on the date falling 1 month after the Restaurant receives agreed to this terms and condition. It amends and restates in its entirety any existing agreements (including both the existing Restaurant Agreement and any WFD Food Delivery Ireland LTD. Co-Operative Agreements, in each case as amended and supplemented) concluded between WFD Food Delivery Ireland LTD. and the Restaurant (together, the “Original Agreement”). It sets out in Parts 1 and 2 the terms and conditions applicable to the Restaurant’s use of WFD Food Delivery Ireland LTD.’s proprietary platform Technology and WFD Food Delivery Ireland LTD.’s website for the receipt, preparation and delivery of orders by customers for goods from the Restaurant.
A: Charges by WFD Food Delivery Ireland LTD. to Restaurant (“Restaurant Charges”):
WFD Food Delivery Ireland LTD. will charge the Restaurant:
• Reoccurring Subscription fees or Agreed commission + VAT
B. Charges by restaurant to Customer (“Customer Admin Charge”):
Restaurant will charge the Customer:
• a €0.50 admin charge per Order paid for online
1.1. WFD Food Delivery Ireland LTD., primarily via its website https://whatsfordinner.ie/ or its affiliated websites, applications and platforms (together, the "Website"), and its proprietary WFD Food Delivery Ireland LTD. Merchant and Delivery Technology, WFD Food Delivery Ireland LTD. POS terminal, and other related equipment and software (together the "Product"), will enable customers to place Orders (as defined in clause 3.1) for takeaway food and drinks from the Restaurant, for delivery by, or collection at, the Restaurant (the "Service") on the terms and conditions set out in this Agreement.
1.2. In consideration of the mutual covenants contained in this Agreement, the parties agree to comply with their respective obligations set out herein.
2.1. Product care: Any Product bought from WFD Food Delivery Ireland LTD., The Restaurant will use, store and maintain the Product using reasonable care, including without limitation establishing and maintaining the Product in such a way as to allow it to provide and receive a GPRS or Restaurant’s wifi signal at restaurant’s own cost, and otherwise so that Orders received will be processed instantly.
2.2. Product malfunctions: The Restaurant must notify WFD Food Delivery Ireland LTD. without delay if the Product malfunctions.
2.3. Product repair – general: During the first twelve (12) months following the date of the first restaurant agreement concluded between WFD Food Delivery Ireland LTD. and the original owner of the Restaurant, WFD Food Delivery Ireland LTD. will reasonably promptly repair or replace the Product in case of malfunction, save where in WFD Food Delivery Ireland LTD. sole opinion the malfunction is a result of misuse, unauthorised alteration or accidental damage by the Restaurant or of repairs not performed by WFD Food Delivery Ireland LTD. or its authorised representatives ("Restaurant Product Damage").
2.4. Product repair – charges: After twelve (12) months from the date of the first restaurant agreement concluded between WFD Food Delivery Ireland LTD. and the original owner of the Restaurant, or at any time where the malfunction is in WFD Food Delivery Ireland LTD. sole opinion a result of Restaurant Product Damage, WFD Food Delivery Ireland LTD. reserves the right to charge the Restaurant a reasonable fee for repairing the malfunctioning Product or to charge the Restaurant for a replacement Product at WFD Food Delivery Ireland LTD. then prevailing price.
2.5. Product upgrades: WFD Food Delivery Ireland LTD. may upgrade or alter the Product on notice to the Restaurant at any time. WFD Food Delivery Ireland LTD. reserves the right to charge the Restaurant for any upgraded or replaced Product at WFD Food Delivery Ireland LTD. then prevailing price. WFD Food Delivery Ireland LTD. will notify the Restaurant in advance of any such upgrade or alteration of the amount of charges applicable.
3.1. The Product:
The Restaurant undertakes to receive, process, prepare and deliver the customers’ orders placed via the Website and received from WFD Food Delivery Ireland LTD. by means of any of the Product, fax, phone or email ("Orders") using the best care, skill and diligence, and in accordance with best practice in the Restaurant’s industry, profession or trade. Food prepared, processed and delivered must correspond to what is stated in the Order, and must take into account any customer comments submitted with the Orders including without limitation in relation to customer allergies.
The Restaurant accepts to receive, process, prepare and deliver the customers’ orders placed via the Website and received from WFD Food Delivery Ireland LTD. by means of any of the Product, android app, IOS merchant app, phone or email ("Orders") using the best care, ability and diligence, and in agreement with best practice in the Restaurant’s industry, profession or trade. Food prepared, processed and delivered must correspond to what is stated in the Order, and must take into account any customer comments or delivery instructions submitted with the Orders including without limitation in relation to customer allergies.
The Restaurant shall use its best efforts to accept all Orders. Where the Restaurant wishes to reject an Order, it shall immediately communicate such rejection by pressing the relevant button on the POS terminal, Application, Phone or Email.
Acceptance of Card Orders:
The Restaurant agrees that it will at all times allow customers the option to pay for Orders using either a credit or debit card ("Card Orders") or, subject to clauses 4.5 and 3.7, cash ("Cash Orders").
When the Restaurant delivers the Order, the Restaurant must check that the Order number given by the customer corresponds with the Order number received by the Restaurant from WFD Food Delivery Ireland LTD..
Where an Order contains alcohol, or any other goods which are subject to statutory age restrictions, the Restaurant must request proof of age from the customer (in accordance with applicable laws) on delivery of such Orders, and shall take every other precaution necessary to ensure the customer is over the legal age for the purchase of alcohol or the relevant goods and to ensure that the delivery occurs within the legal timeframe allowed for sale of alcohol or the relevant goods.
The Restaurant will provide each customer with an official receipt (and a VAT receipt, if applicable) in respect of an Order, if the customer so requests.
The Restaurant undertakes to check that any information contained in its menu (the "Menu") or otherwise provided to WFD Food Delivery Ireland LTD. for inclusion on the Website is at all times accurate and complies with all applicable regulations and laws (including but not limited to consumer information about ingredients which may cause allergic reactions ("Allergen Information") such as nuts), and is up to date.
It is the Restaurants responsibility to provide and update the website, WFD Food Delivery Ireland LTD. with details of any Allergen Information in relation to the dishes that the Restaurant prepares. It is the Restaurant’s sole responsibility to update this information to the website and WFD Food Delivery Ireland LTD. without delay, and check that the Website contains the correct Allergen Information displayed. The safety of the customer is paramount. If WFD Food Delivery Ireland LTD. is not satisfied with the commitment of the Restaurant to providing accurate and timely information about ingredients (and in particular, Allergen Information), WFD Food Delivery Ireland LTD. reserves the right to suspend the Restaurant from the Website and/or terminate this Agreement immediately.
3.3. Menu prices & offers:
The Restaurant agrees that:
The Menu prices (including any delivery charge), Menu options (e.g. set menus, combinations of toppings, accessories or other items) and delivery times that it provides for display on the Website shall be the same as those offered to customers who order directly from the Restaurant (whether such prices, options or times are on menus used in its premises or otherwise offered); and that it shall not offer a customer who orders directly from the Restaurant any discounts or loyalty programmes, or redeem any coupons or vouchers, which are not also offered via the Website, without first notifying WFD Food Delivery Ireland LTD. and using best endeavours to also offer such discounts, programmes, coupons or vouchers to Website customers.
Updates & errors:
The Restaurant shall be solely responsible for ensuring that the information displayed on the Website is accurate and up to date and corresponds exactly to the information contained in the Menu. The Restaurant shall promptly report to WFD Food Delivery Ireland LTD. any errors in the Menu information or Website Profile displayed on the Website or any changes to the Menu or Website Profile. The Restaurant agrees and acknowledges that if there is any conflict between the information provided on the Website and the information provided by the Restaurant to WFD Food Delivery Ireland LTD., the information provided on the Website shall prevail.
3.4. Changes & costs:
All Restaurants will be given necessary privilege to maintain and update their own menu and information, WFD Food Delivery Ireland LTD. offer to upload the very first menu free of charge for each restaurant if restaurant owner requests to do so. If any restaurant is not capable to maintain their own menu, WFD Food Delivery Ireland LTD. will charge a reasonable administrative fee to the Restaurant for any changes. WFD Food Delivery Ireland LTD. will notify the Restaurant in advance of the change of the amount of administrative fees applicable. WFD Food Delivery Ireland LTD. will update and/or change the contents of the information about the Restaurant displayed on the Website as soon as practicable (generally within 72 hours) following receipt of a written request from the Restaurant to correct errors or make minor changes to such information.
3.5. Opening Hours:
The Restaurant must set its hours of operation (the "Opening Hours"), and notify of any changes to such Opening Hours through the WFD Food Delivery Ireland LTD. owner admin panel, If the hours of operation are stated on the Menu.
3.6. Offline times during Opening Hours:
The Restaurant must remain online and able to accept Orders using the Product at all times during the Opening Hours, save in case of closures for emergencies. In the case of planned closures, the Restaurant must edit times using the WFD Food Delivery Ireland LTD. restaurant admin panel for free of charges or notify WFD Food Delivery Ireland LTD. in advance of the start and end date and time of such closures by email [email protected] for a reasonable administrative charge. WFD Food Delivery Ireland LTD. reserves the right to charge the Restaurant the Restaurant Charges in relation to any Orders received during Opening Hours but rejected or cancelled by the Restaurant other than during emergencies or properly notified planned closures.
3.7. Restaurant Charges:
WFD Food Delivery Ireland LTD. is entitled to charge the Restaurant the Restaurant Charges set forth in Part 1 of this Agreement, comprising:
A monthly/yearly subscription fees set forth in Part 1. Reoccurring subscription will be taken out automatically from the bank card used for subscribed with WFD Food Delivery Ireland LTD. using WFD Food Delivery Ireland LTD. registration process at end of the subscription period, unless restaurant request WFD Food Delivery Ireland LTD. to opt out from subscription. Restaurant must advice any change of bank card details associated with their subscription 3 weeks prior to subscription due date to prevent interruption. In case of Failure of payment, the restaurant will be notified by email and restaurant menu will be taken offline until successful subscription payment made to WFD Food Delivery Ireland LTD.. Offline menu due to failure of payment will be removed from server database after 3 weeks.
3.8. an administrative charge in the amount set forth in Part 1 for each Order that is paid for online (plus applicable taxes).
3.9. Gross Order Value: The Gross Order Value is the total amount charged by the Restaurant to the Customer for an Order, including the value of the goods plus the Restaurant’s delivery charges (if any) plus applicable taxes.
Customer Admin Charge: WFD Food Delivery Ireland LTD. will charge each customer using the Service and who pays for an Order online a Customer Admin Charge in the amount set forth in Part 1. Where the Customer Admin Charge applies, the Restaurant shall include it in that customer's receipt for goods.
4.1. Statement: WFD Food Delivery Ireland LTD. is not responsible to issue any statement to restaurant at regular interval. The Website database will hold minimum of previous 4 months order details. The Restaurant will be in charge of maintaining their own WFD Food Delivery Ireland LTD. Merchant account using WFD Food Delivery Ireland LTD. restaurant admin panel.
4.2. Invoicing: If any monies are owed by WFD Food Delivery Ireland LTD. to the Restaurant associated with charges described in part 1, WFD Food Delivery Ireland LTD. will send the invoice to the Restaurant. If any monies are owed by the Restaurant to WFD Food Delivery Ireland LTD. according to the Statement, such sums shall be due on the date of the invoice, and payable by the Restaurant within 7 days. Thereafter WFD Food Delivery Ireland LTD. may charge interest and set off any unpaid amounts in accordance with clause 4.3.
4.3. off-set by WFD Food Delivery Ireland LTD.: Where any payments are overdue to WFD Food Delivery Ireland LTD. from the Restaurant, WFD Food Delivery Ireland LTD. may set off the amounts outstanding against:
4.3.1. any amount otherwise payable to the Restaurant in the next Statement, including without limitation any WFD Food Delivery Ireland LTD. Refund payable in accordance with clause 6.5; and/or
4.3.2. any sums received from Card Orders for the Restaurant which has been refunded by WFD Food Delivery Ireland LTD.; and WFD Food Delivery Ireland LTD. may calculate 1.5% interest per month on any overdue amount from the relevant payment due date until the earlier of the date that the amount is off-set or the amount is credited to WFD Food Delivery Ireland LTD. bank account (whichever is earlier). The Restaurant is liable to WFD Food Delivery Ireland LTD. for any costs reasonably incurred in connection with the settling or recovering of an overdue payment, and may off-set such costs in accordance with this clause.
4.4. Refunds: Payments made for the Product by the Restaurant (including the WFD Food Delivery Ireland LTD. Provision, Installation & Connection Fee set forth in the Original Agreement and any other connection fees) are only refundable to the extent set forth in Part 1 (a “WFD Food Delivery Ireland LTD. Refund”).
4.5. Disputed Statements: If the Restaurant disagrees with the Statement, the Restaurant must notify WFD Food Delivery Ireland LTD. of its disagreement within 14 days of the delivery of the Statement to the Restaurant, setting out in detail the reasons for the disagreement. If the Restaurant fails to notify WFD Food Delivery Ireland LTD. of any such disagreement within 14 days of the Statement date, the Statement shall be deemed to be accepted by the Restaurant.
5.1. General: The Restaurant acknowledges and agrees that WFD Food Delivery Ireland LTD. may display on the Website ratings and comments ("Reviews") provided by customers regarding the Restaurant or an Order.
5.2. Removal: WFD Food Delivery Ireland LTD. will only remove those Reviews that WFD Food Delivery Ireland LTD. determines in its sole discretion that it contains explicit, offensive or derogatory language or otherwise breaches WFD Food Delivery Ireland LTD. review guidelines. The Restaurant acknowledges that WFD Food Delivery Ireland LTD. is under no obligation (but reserves the right and sole discretion at any time and for any reason) to remove or edit any other Reviews.
5.3. Restaurant Actions: The Restaurant agrees that it shall not itself provide or cause any other party to provide any Reviews that are fraudulent or otherwise breach WFD Food Delivery Ireland LTD. review guidelines, nor shall it contact any customers regarding any Reviews provided by such customers (whether to attempt to cause them to withdraw or amend such Reviews or for any other purpose).
If WFD Food Delivery Ireland LTD. determines in its sole discretion that the Restaurant has breached this clause 5.3, it may without limiting its other rights and remedies remove all the Reviews relating to the Restaurant from the Website and downgrade the Restaurant’s listing position.
5.4. Liability: To the fullest extent permitted by law, WFD Food Delivery Ireland LTD. assumes no responsibility or liability to the Restaurant for any Reviews.
6.1. General: The Restaurant confirms and undertakes that it has obtained and will obtain and maintain any consents, licences, permits, approvals or authorisations (“Consents”) of any person that may be required in connection with, and it is not party to and will not enter into any agreement which would be breached by, or under which any default would occur as a result of, signing this Agreement or performing any of its terms or generally running its business.
6.2. Franchises: If the Restaurant’s business, name, brand or logo is or becomes subject to any license or franchise arrangements, the Restaurant confirms that it has obtained or will obtain any required Consents from its licensors or franchisors for the use and inclusion on the Website of such business, name, brand or logo, and shall fully indemnify WFD Food Delivery Ireland LTD. for any losses, damages or claims made against or incurred by WFD Food Delivery Ireland LTD. due to any failure to obtain such Consents.
6.3. Loss of Consents: The Restaurant will notify WFD Food Delivery Ireland LTD. in writing immediately if any of the Consents described in clause 6.1 or 6.2 are revoked or suspended, or the Restaurant is otherwise unable to rely on or benefit from any such Consents for any reason.
6.4. Compliance with laws: The Restaurant will comply with all applicable laws and regulations including, without limitation in relation to health and safety, VAT, data protection and food standards, hygiene and information, and will provide reasonable evidence to WFD Food Delivery Ireland LTD. of such compliance upon request.
6.5. Website terms & conditions: The Restaurant shall at all times comply with the Website terms and conditions (available on the Website, and as amended from time to time), and in particular (but not limited to) compliance with applicable security and data protection provisions when handling customer information or receiving, processing and delivering Orders. The Website terms and conditions are hereby incorporated into this Agreement. In the event of any conflict between this Agreement and any Website terms and conditions, the terms of this Agreement shall prevail.
6.6. Taxes: The Restaurant shall be solely responsible for self-assessing, claiming and remitting all its applicable taxes.
6.7. Inspections: The Restaurant agrees that WFD Food Delivery Ireland LTD. has the right to inspect the Restaurant’s premises on no less than 24 hours notice, in order for WFD Food Delivery Ireland LTD. to satisfy itself of the Restaurant's compliance with this clause 10, to collect the Product in accordance with WFD Food Delivery Ireland LTD. ownership rights as set forth in clause 2.6 or for any other reasonable purpose.
7.1. Display of WFD Food Delivery Ireland LTD. branding: Where the Restaurant agrees to market WFD Food Delivery Ireland LTD. and/or the Website by means of menus, stickers or other relevant advertising material, the Restaurant agrees to do so in accordance with WFD Food Delivery Ireland LTD. guidelines and instructions.
7.2. WFD Food Delivery Ireland LTD. marketing: The Restaurant consents to receiving from time to time direct marketing communications relating to WFD Food Delivery Ireland LTD. products or services or those of WFD Food Delivery Ireland LTD. selected partners via e-mail, post, fax or other means of communication.
7.3. Non-disparagement: The Restaurant undertakes to refer positively to WFD Food Delivery Ireland LTD. in relation to any publicity regarding the Orders and the Service in accordance with guidelines provided by WFD Food Delivery Ireland LTD..
7.4. Non-solicitation: The Restaurant undertakes not to actively encourage customers who have placed Orders to place a future order directly with the Restaurant (whether by providing them with offers, discounts or other incentives to place such orders directly) or to contact such customers for any other marketing purposes, nor to attempt to direct Orders placed with the Restaurant through any website other than the Website.
8.1. Ownership of IPR: All IPR (as defined below) in or arising out of or in connection with the Service, the Product or the Website shall be owned by WFD Food Delivery Ireland LTD. and nothing in this Agreement shall constitute a transfer of those IPR to the Restaurant.
8.2. Licence of Restaurant IPR: The Restaurant grants WFD Food Delivery Ireland LTD. a licence to use the Restaurant's name, Menu, logo and other IPR for the purposes of providing the Service for the duration of this Agreement.
8.3. Third-party IP rights: The Restaurant confirms irrevocably to WFD Food Delivery Ireland LTD. that the Restaurant’s name, Menu, logo and other material that the Restaurant may provide to WFD Food Delivery Ireland LTD. for inclusion on the Website do not violate, infringe or conflict with the IPR of any third party (including without limitation any licensor or franchisor).
8.4. Third-party IP claims: If a third party makes a claim against WFD Food Delivery Ireland LTD. for the violation of the third party’s IPR relating to the Restaurant’s name, Menu, logo and/or other material provided by the Restaurant, the Restaurant shall fully indemnify and keep WFD Food Delivery Ireland LTD. indemnified against any losses, damages or claims of any nature and all costs resulting therefrom.
8.5. “IPR” means: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
9.1. WFD Food Delivery Ireland LTD. intends to make the Website available and functional for 24 hours of the day but is under no obligation to do so.
9.2. WFD Food Delivery Ireland LTD. is entitled to interrupt the access to the Website at any time and without notice in order to maintain and update the Website. In connection therewith, WFD Food Delivery Ireland LTD. shall use reasonable endeavours to ensure that such interruption is as brief as possible and if possible takes place at a time when the number of Orders is at a minimum.
9.3. WFD Food Delivery Ireland LTD. intends for the Website to comply with relevant and applicable laws and regulations from time to time, including the laws relating to treatment of personal data. Should WFD Food Delivery Ireland LTD. give the Restaurant direct access to making changes on the Website, the Restaurant shall be solely responsible for any such changes and shall fully indemnify WFD Food Delivery Ireland LTD. for any losses, damages or claims made against or incurred by WFD Food Delivery Ireland LTD. due to any act or omission of the Restaurant.
10.1. Restaurant WFD Food Delivery Ireland LTD. Website
10.1.1. The Restaurant agrees that WFD Food Delivery Ireland LTD. may, but shall not be obliged to, create (at no cost to the Restaurant) a website relating to such Restaurant with a domain name of WFD Food Delivery Ireland LTD. choosing (the "Restaurant WFD Food Delivery Ireland LTD. Website").
10.1.2. The Restaurant WFD Food Delivery Ireland LTD. Website may: (i) provide a link to the Website and enable customers to place Orders for the Restaurant’s products via the Restaurant WFD Food Delivery Ireland LTD. Website; and (ii) reproduce any of the material(s) provided by the Restaurant to WFD Food Delivery Ireland LTD. under this Agreement (including but not limited to the name, Menu and logo).
10.1.3. Save for the Restaurant's name, Menu and logo, all IPR (as defined in clause 12.5) in the Restaurant Website (including its domain name) shall at all times remain the property of WFD Food Delivery Ireland LTD..
10.1.4. WFD Food Delivery Ireland LTD. shall, promptly following receipt of a request from the Restaurant to do so, and may in its sole discretion at any time and for any reason, permanently remove or otherwise disable the Restaurant Website (provided that nothing in this paragraph shall prevent WFD Food Delivery Ireland LTD. from re-using the domain name for such other purposes as it sees fit).
10.2. Restaurant Own Website
10.2.1. WFD Food Delivery Ireland LTD. may at its sole discretion, upon the Restaurant’s request, permit and/or enable the Restaurant to provide a link (the " WFD Food Delivery Ireland LTD. Link") to the Website on the Restaurant’s own website (the "Restaurant Own Website").
10.2.2. The WFD Food Delivery Ireland LTD. Link will: (i) provide a link to the Website and enable customers to place Orders for the Restaurant’s products via the Restaurant Own Website; and (ii) include WFD Food Delivery Ireland LTD. logo (as provided by WFD Food Delivery Ireland LTD.).
10.2.3. All IPR in the WFD Food Delivery Ireland LTD. Link (including WFD Food Delivery Ireland LTD. logo) shall at all times remain the property of WFD Food Delivery Ireland LTD..
10.2.4. The Restaurant agrees with WFD Food Delivery Ireland LTD. that it shall, promptly following receipt of a request from WFD Food Delivery Ireland LTD., and in any event upon termination of this Agreement, permanently remove or otherwise disable the WFD Food Delivery Ireland LTD. Link (including WFD Food Delivery Ireland LTD. logo) on the Restaurant Own Website.
10.3. Orders through Restaurant websites: For clarity, any orders placed by customers for the Restaurant via the Restaurant WFD Food Delivery Ireland LTD. Website or the WFD Food Delivery Ireland LTD. Link shall be considered "Orders" for the purposes of this Agreement and subject to the Restaurant Charges and the other provisions of this Agreement.
11.1. If, in WFD Food Delivery Ireland LTD. sole opinion, the Restaurant is in default of its obligations under this Agreement or otherwise operates in a manner which is harmful to WFD Food Delivery Ireland LTD. business, goodwill or reputation, including without limitation by reasons of:
11.1.1. non-payment or late payment of amounts due from the Restaurant to WFD Food Delivery Ireland LTD.;
11.1.2. sub-standard customer service (e.g. Restaurant employees being impolite to customers; the Restaurant erring in the preparation or delivery of Orders; the Restaurant making late deliveries of Orders etc.);
11.1.3. the Restaurant being unable to receive or process Orders due to the Product being switched off, not receiving a GPRS signal or malfunctioning, or repeatedly refusing Orders;
11.1.4. WFD Food Delivery Ireland LTD. receiving allegations or evidence that the Restaurant is not complying with applicable laws and regulations (e.g. failing food safety checks) or does not have the necessary Consents for the use and inclusion on the Website of its business, name, brand or logo;
then without limiting its other rights or remedies, WFD Food Delivery Ireland LTD. may at any time suspend provision of the Services under this Agreement (including by removing the Restaurant’s Website Profile from the Website without notice) or any other services that it provides to the Restaurant under a separate agreement without any liability to WFD Food Delivery Ireland LTD.. The suspension of the Service shall continue until the default or relevant issue has been remedied to the satisfaction of WFD Food Delivery Ireland LTD. (acting reasonably).
12.1. Term: This Agreement comes into force when agreed by both parties and is valid until such time as it is terminated in accordance with its provisions.
12.2. Termination by WFD Food Delivery Ireland LTD.: Without prejudice to its other rights and remedies, WFD Food Delivery Ireland LTD. may at any time terminate this Agreement immediately by giving written notice to the Restaurant without further liability to the Restaurant.
12.3. Termination by the Restaurant: The Restaurant may terminate this Agreement by one month’s prior written notice to WFD Food Delivery Ireland LTD. at any time after the expiry of 6 months from the date of the Original Agreement.
12.4. Effect of termination: Upon termination of this Agreement in accordance with its terms, WFD Food Delivery Ireland LTD. will send the Restaurant a notice confirming the termination of the Service and final payment details, and either a payment for any outstanding monies owing by WFD Food Delivery Ireland LTD. to the Restaurant or a request to pay any outstanding monies owing to WFD Food Delivery Ireland LTD. (as applicable).
12.5. Cached websites: WFD Food Delivery Ireland LTD. will use reasonable endeavours to remove or disable the Restaurant’s Website Profile and Restaurant WFD Food Delivery Ireland LTD. Website reasonably promptly following termination of this Agreement. However, the Restaurant acknowledges and accepts that cached versions of these sites may continue to exist in the web browsers and web servers of search engines and customers following such termination, and agrees that WFD Food Delivery Ireland LTD. has no control over, and shall not have any liability to the Restaurant (whether based on IPR infringement or otherwise) in connection with, the foregoing.
12.6. Survival of certain rights & obligations: The rights and obligations of the parties under this Agreement which are intended to continue beyond the termination or expiry of this Agreement (including those under this clause 16 and clauses 3, 4, 8, 6.7 (insofar as it relates to the Product), 7.3, 7.4, 8, 13, 15, 18, 19 and 20) shall survive the termination or expiry of this Agreement.
13.1. General: Nothing in this Agreement shall limit or exclude WFD Food Delivery Ireland LTD. or the Restaurant’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1893 (as amended); or any other liability that cannot be limited or excluded under applicable law.
13.2. Exclusion of WFD Food Delivery Ireland LTD. liability: Subject always to clause 13.1, WFD Food Delivery Ireland LTD. shall not be liable to the Restaurant, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any damages, costs, direct or indirect losses including without limitation loss of profit, or any consequential loss suffered by the Restaurant and arising out of or in connection with this Agreement, including resulting from faults, breakdowns or other interruptions to the Service for any reason.
13.3. Limitation of WFD Food Delivery Ireland LTD. liability: Subject always to clauses 13.1 and 13.2, WFD Food Delivery Ireland LTD. total liability to the Restaurant in respect of all other losses arising under or in connection with this Agreement howsoever caused (and whether in contract, tort (including negligence), breach of statutory duty, or otherwise, and including losses caused by WFD Food Delivery Ireland LTD. repudiatory breach or a deliberate breach of the Agreement by WFD Food Delivery Ireland LTD., its employees, agents or subcontractors) shall never exceed the aggregate amount of Restaurant Charges paid to WFD Food Delivery Ireland LTD. by the Restaurant pursuant to this Agreement in the 12 months prior to the date that the liability arose.
13.4. Indemnity: The Restaurant fully indemnifies WFD Food Delivery Ireland LTD. and will keep WFD Food Delivery Ireland LTD. indemnified against any losses, damages or claims (and all related costs) made against WFD Food Delivery Ireland LTD. by a customer or any third party in connection with the Restaurant’s failure to deliver or imperfect delivery of an Order or the Restaurant’s failure to comply with this Agreement and/or any applicable laws, rules and regulations in force at the relevant time.
13.5. Joinder: The Restaurant shall accept and shall not object to being included by WFD Food Delivery Ireland LTD. in any manner to any third party notice or otherwise in any proceedings instituted against WFD Food Delivery Ireland LTD., relating to the Restaurant’s acts or omissions in connection with this Agreement.
WFD Food Delivery Ireland LTD. shall not be liable to the Restaurant as a result of any delay or failure to perform its obligations under this Agreement because of a Force Majeure Event. A "Force Majeure Event" means an event beyond the reasonable control of WFD Food Delivery Ireland LTD. including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of WFD Food Delivery Ireland LTD. or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, import and export restrictions, faults, breakdowns or other operational interruptions.
This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter, and no party shall have any claim for innocent or negligent misrepresentation based upon any statement in this Agreement.
Upon 1 months’ prior written notice, WFD Food Delivery Ireland LTD. may amend the terms of this Agreement. The Restaurant shall be notified of such amendments in writing either by fax, email, or post. Unless the Restaurant responds to such notification within 2 calendar weeks objecting to the amendments or terminates this Agreement in accordance with clause 12.3, such amendments shall thereafter be construed as forming part of this Agreement and accepted by the Restaurant.
17.1. WFD Food Delivery Ireland LTD. shall be entitled to assign all or any of its rights and obligations under this Agreement to any third party.
17.2. The Restaurant may only assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Agreement to a third party with WFD Food Delivery Ireland LTD. express prior written consent.
The content of this Agreement and any information concerning the other party is to be treated as confidential and shall not be disclosed during the term of this Agreement or at any time thereafter save as required by law, provided that WFD Food Delivery Ireland LTD. is entitled to use the Restaurant’s name as a reference.
If any of the terms or conditions of this Agreement are declared wholly or partly invalid, illegal or unenforceable, the remainder of this Agreement shall remain in full force and effect and any wholly or partly invalid terms or conditions shall be modified to the minimum extent possible to make it valid, legal and enforceable.
20.1. Governing law: This Agreement and any dispute or claim arising out or in connection with this Agreement or its subject matter or formation (including any dispute or claim relating to non-contractual obligations) shall be governed by and construed in accordance with Irish law.
20.2. Jurisdiction: The parties agree to submit any dispute arising in connection with this Agreement to the exclusive jurisdiction of the courts of Ireland (including any dispute or claim relating to non-contractual obligations).
• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes..
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.
"Non Personal Information" is information that is not personally identifiable to you and that we automatically collect when you access our Website with a web browser. It may also include publicly available information that is shared between you and others.
"Personally Identifiable Information" is non-public information that is personally identifiable to you and obtained in order for us to provide you within our Website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.
"Generally, you control the amount and type of information you provide to us when using our Website.
As a Visitor, you can browse our website to find out more about our Website. You are not required to provide us with any Personally Identifiable Information as a Visitor.
When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered Non Personal Information. We also collect the following:
• Geographical Information. When you use the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located in and display information with relevant data or advertisements. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.
• Automatic Information. We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you're headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Website.
• Log Data. Like many Website operators, we collect information that your browser sends whenever you visit our Website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Under the Child's Online Privacy Security Act, no Website operator can require, as a condition to involvement in an activity, that a child younger than 13 years of age divulge more details than is reasonably required. WFD Food Delivery Ireland LTD. abides by this demand. WFD Food Delivery Ireland LTD. just collects information willingly offered; no information is gathered passively. children under 13 can submit only their email address when sending us an email in our "Contact Us" area. WFD Food Delivery Ireland LTD. makes use of the email address to respond to a one-time demand from a child under 13 and afterwards deletes the email address. In case WFD Food Delivery Ireland LTD. collects and maintains personal information relating to a child under 13, the parent may send out an email to us to review, alter and/or erase such info as well as to decline to enable any additional collection or use of the child's information.
We use the information we receive from you as follows:
• Customizing Our Website We may use the Personally Identifiable information you provide to us along with any computer information we receive to customize our Website.
• Sharing Information with Affiliates and Other Third Parties We do not sell, rent, or otherwise provide your Personally Identifiable Information to third parties for marketing purposes. We may provide your Personally Identifiable Information to affiliates that provide services to us with regards to our Website (i.e. payment processors, Website hosting companies, etc.); such affiliates will only receive information necessary to provide the respective services and will be bound by confidentiality agreements limiting the use of such information.
• Data Aggregation We retain the right to collect and use any Non Personal Information collected from your use of our Website and aggregate such data for internal analytics that improve our Website and Service as well as for use or resale to others. At no time is your Personally Identifiable Information included in such data aggregations.
• Legally Required Releases of Information We may be legally required to disclose your Personally Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of WFD Food Delivery Ireland LTD., our Users, employees, and affiliates.
We offer you the chance to "opt-out" from having your personally identifiable information used for particular functions, when we ask you for this detail. When you register for the website, if you do not want to receive any additional material or notifications from us, you can show your preference on our registration form.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We utilize practical protection measures to safeguard against the loss, abuse, and modification of the individual Data under our control. Personal Data is kept in a secured database and always sent out by means of an encrypted SSL method when supported by your web browser. No Web or email transmission is ever totally protected or mistake cost-free. For example, email sent out to or from the Website may not be protected. You must take unique care in deciding what info you send to us by means of email.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. If you have any questions about our Privacy Practices or this Policy, please contact us.
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, https://WFD Food Delivery Ireland LTD..ie, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by WFD Food Delivery Ireland LTD..
By accessing this website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.
The last update to our Terms of Service was posted on March 8, 2017.
The terms "us" or "we" or "our" refers to WFD Food Delivery Ireland LTD., the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as Member.
A "Member" is an individual that has registered with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
1. Permission is granted to temporarily download one copy of the materials (information or software) on WFD Food Delivery Ireland LTD. Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on WFD Food Delivery Ireland LTD. website;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by WFD Food Delivery Ireland LTD. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of WFD Food Delivery Ireland LTD. without express composed consent. You might not use any meta tags or any various other "unseen text" utilizing WFD Food Delivery Ireland LTD. name or trademarks without the express written consent of WFD Food Delivery Ireland LTD.. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of WFD Food Delivery Ireland LTD., in other way that is likely to trigger confusion among consumers, that disparages or challenges WFD Food Delivery Ireland LTD. or its licensors, that dilutes the strength of WFD Food Delivery Ireland LTD. or its licensor's residential property, or that otherwise infringes WFD Food Delivery Ireland LTD. or its licensor's copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that WFD Food Delivery Ireland LTD. develops to generate or show any Material of the pages making up the Website is likewise secured by WFD Food Delivery Ireland LTD. copyright, and you may not copy or adjust such code.
WFD Food Delivery Ireland LTD. has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.
If alerted by a User of any products which allegedly do not conform to these Terms, WFD Food Delivery Ireland LTD. could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. WFD Food Delivery Ireland LTD. has no liability or duty to Individuals for efficiency or nonperformance of such activities.
You are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communications that we provide to you digitally please any legal requirements that such communications be in writing.
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. WFD Food Delivery Ireland LTD. additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discernment.
WFD Food Delivery Ireland LTD. does not guarantee the truthfulness, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include industrial solicitation, mass mailings, or any type of "spam." You may not use another User's account to impersonate a User or entity, or otherwise deceive as to the origin of the opinions. WFD Food Delivery Ireland LTD. reserves the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.
If you post an evaluation or send comments, and unless WFD Food Delivery Ireland LTD. suggests otherwise, you grant WFD Food Delivery Ireland LTD. a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant WFD Food Delivery Ireland LTD. and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify WFD Food Delivery Ireland LTD. for all claims resulting from Content You supply. WFD Food Delivery Ireland LTD. has the right but not the commitment to edit and keep track of or eliminate any task or Material. WFD Food Delivery Ireland LTD. takes no duty and assumes no liability for any content published by You or any 3rd party.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
The materials appearing on WFD Food Delivery Ireland LTD. Website could include technical, typographical, or photographic errors. WFD Food Delivery Ireland LTD. does not warrant that any of the materials on its Website are accurate, complete, or current. WFD Food Delivery Ireland LTD. may make changes to the materials contained on its Website at any time without notice. WFD Food Delivery Ireland LTD. does not, however, make any commitment to update the materials.
The materials on WFD Food Delivery Ireland LTD. Website are provided "as is" WFD Food Delivery Ireland LTD. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, WFD Food Delivery Ireland LTD. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither WFD Food Delivery Ireland LTD. nor the Website has control over the quality or fitness for a particular function of a product. WFD Food Delivery Ireland LTD. likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
The website and all details, content, materials, products (including software application) and services listed on or otherwise made available to you through this website are provided by WFD Food Delivery Ireland LTD. on an "as is" and "as available" basis, unless otherwise specified in writing. WFD Food Delivery Ireland LTD. makes no representations or warranties of any kind, express or implied, about the operation of this website or the info, materials, products (including software) or services listed on or otherwise made available to you through this site, unless otherwise pointed out in writing. You expressly agree that your use of this website is at your own risk.
To the complete extent permissible by applicable law, WFD Food Delivery Ireland LTD. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant-ability and physical fitness for a particular purpose. WFD Food Delivery Ireland LTD. does not warrant that this website; details, content, materials, products (including software application) or services consisted of on or otherwise made available to you through the site; its servers; or email sent from WFD Food Delivery Ireland LTD. are without viruses or other harmful elements. WFD Food Delivery Ireland LTD. will not be liable for any damages of any kind arising from the use of the website or from any details, content, materials, products (including software application) or services listed on or otherwise made available to you with this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise pointed out in writing. Under no scenario shall WFD Food Delivery Ireland LTD. liability developing from or in connection with the website or your use of the website, despite the reason for action (whether in agreement, tort, breach of service warranty or otherwise), go beyond $100.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. WFD Food Delivery Ireland LTD. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
WFD Food Delivery Ireland LTD. may revise these Terms of Service for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to WFD Food Delivery Ireland LTD. Website shall be governed by the laws of Ireland without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.
You accept defend, indemnify, and hold safe WFD Food Delivery Ireland LTD., its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. WFD Food Delivery Ireland LTD. will provide notice to You promptly of any such claim, match, or case.
Our Legal Terms shall be treated as though it were executed and performed in Ireland and shall be governed by and construed in accordance with the laws of Ireland without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of WFD Food Delivery Ireland LTD. under our Legal Terms shall survive the termination of our Legal Terms.
Effective as of March 8, 2017.
You need to be at least 13 years old to register for and use the Service.
If you are a user who signs up for the Service, will create a personalized account, which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
• post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;.
• use the service for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• use another user's account without permission;
• provide false or inaccurate information when registering an account;
• interfere or attempt to interfere with the proper functioning of the Service;
• make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
• publish or link to malicious content intended to damage or disrupt another user's browser or computer.
When you create your own personalized account, you may be able to provide ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
• You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
• You will not post information that is malicious, false or inaccurate;
• You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
• You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.
As part of the Service, the Company may provide you with convenient links to third party web site(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the"Third Party Applications, Software or Content"). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
(a) Termination of Repeat Infringe Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to the Company's designated copyright agent at WFD Food Delivery Ireland LTD.:
1. The date of your notification;
2. A Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are recovered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the laws of Ireland and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company's discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and business names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
Communications made through the Service's e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to WFD Food Delivery Ireland LTD..
Opting out may prevent you from receiving messages regarding the Company or Special Offers.
The service, is provided "as is," without warranty of any kind. Without limiting the foregoing, the company expressly disclaims all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchant ability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
To the extent permitted by applicable law, in no event shall the company, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with the company or any other user of the service, whether based on warranty, contract, tort (includ ingnegligence) or any other legal theory, and whether or not the company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
If you have a dispute with one or more users or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.