Food.je Terms & Conditions of Use
This website (the "Site") is owned and operated by Food.je eTakeaway Ltd ("Food.je"). Your access to, use of, placing of an order, linking to the Site, use of software or downloading software on the Site (collectively, your "Access") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site ("Terms & Privacy"). If you do not agree with the Terms & Privacy, exit this Site.
We reserve the right to change these Website Terms from time to time by changing them on this page. These terms and conditions were last updated on 15th March 2014.
We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website https://www.food.je and any Food.je mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
1. Introduction and Our Role
1.1 Food.je eTakeaway Limited is a company registered in Jersey United Kingdom with registered company number 114819, whose registered office is at St Brendan, St Brelades Bay, Jersey, JE3 8EA.
1.2 Food.je provides a way for you to communicate your orders to delivery restaurants (“Delivery Restaurants”) displayed on this Website.
1.3 The contracting parties involved in any given order are the person placing the order ("Customer") and the Delivery Restaurant from which the order is being placed. Provision of all services and customer support relating to preparation of food and delivery are the responsibility of, and at sole discretion of, the Delivery Restaurant.
1.4 If your order is taking longer than expected or you have any other problems with your order you can contact the restaurant using the contact details we email and SMS to you after you place your order.
1.5 Customer care is extremely important to Food.je, therefore, in the event that you are dissatisfied with the quality of food ordered through this Website, subject to paragraph 3.3 below, Food.je will assist you, where possible, in contacting the restaurant to seek refund from the restaurant to a maximum amount equivalent to the value of the original order.
1.6 You may access some areas of this Website without making a Food.je order, and registering your details with us. Most areas of this Website are open to everyone.
1.7 By accessing any part of this Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave this Website immediately.
1.8 Food.je may revise these Website Terms at any time. You should check this Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you order products from us.
1.9 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
2. How To Make An Order and How It Is Processed
2.1 Once you have selected your order from the menu of your chosen Delivery Restaurant you will be given the opportunity to submit your order by clicking on the “proceed”, “place my order” or similar button. Please note it is important that you check the information that you enter and correct any errors before clicking on this button since once you click on this input errors cannot be corrected.
2.2 If at any time prior to you clicking on the “proceed”, “place my order” or similar button, you decide that you do not wish to proceed with your order, you should close the application window.
2.3 On receipt of your order, Food.je will begin processing your order and we will send you notification by email that your order has been received and that your order is being processed.
2.4 Where any payment you make is not authorised you will be returned to the previous page on the Website and we shall not be obliged to provide the services.
2.5 Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order nor will you be entitled to a refund.
3. Price and Payment
3.1 Prices will be as quoted on this Website. These prices may exclude delivery costs, which will be added to the total amount due (if you opt for delivery instead of collection), where applicable.
3.2 This Website contains a large number of menus and it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is higher than the price stated on the Website Food.je will normally contact you before the order in question is dispatched. Food.je is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
3.3 Payment for all orders must be made by cash, credit/debit card or PayPal.
3.4 All payments are made by the Customer, cardholder, or PayPal account holder directly to the Delivery Restaurant. Food.je does not accept any payments from Customers on behalf of Delivery Restaurants. All refunds and chargebacks are the responsibility of the Delivery Restaurant.
3.5 In the event that you have a complaint about the quality of food or service provided by the restaurants on this Website then any compensation should be sought directly from the restaurant. Food.je is not able to provide refunds on behalf of the restaurants and is not liable for any such refunds sought. All complaints must be lodged initially with the restaurant and, where appropriate, the restaurant’s own complaint procedures followed before Food.je is able to respond to a complaint.
3.6 A discount may apply to your order if you use a promotional code recognised by this Website and endorsed by Food.je.
3.7 Please note that from time to time there may be delays with processing payments and transactions; on occasion this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit card.
4.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
4.1.1 Unless otherwise stated, the copyright and other intellectual property rights in this Website and in material published on it (including without limitation photographs and graphical images) are owned by Food.je or Food.je’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from this Website other than in accordance with paragraph 4.1 is prohibited.
4.1.2 You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
4.1.3 You must ensure that Food.je’s status as the authors of the material on this Website must always be acknowledged.
4.1.4 You are not allowed to use any of the materials on this Website or the Website itself for commercial purposes without obtaining a licence from Food.je to do so.
4.2 Except as stated in paragraph 4.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
4.3 Any rights not expressly granted in these Website Terms are reserved.
5. Service Access
5.1 While Food.je tries to ensure this Website is normally available twenty four (24) hours a day, Food.je will not be liable if this Website is unavailable at any time or for any period.
5.2 Access to this Website may be suspended temporarily and without notice.
5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
6. Visitor Material and Conduct
6.2 You are prohibited from posting, uploading or transmitting to or from this Website any material that:
6.2.1 breaches any applicable local, national or international law;
6.2.2 is unlawful or fraudulent;
6.2.3 amounts to unauthorised advertising; or
6.2.4 contains viruses or any other harmful programs.
6.3 You may not misuse the Website (including by hacking).
6.4 Any comments or feedback that you submit through the Website must not:
6.4.1 contain any defamatory, obscene or offensive material;
6.4.2 promote violence or discrimination;
6.4.3 infringe the intellectual property rights of another person;
6.4.4 breach any legal duty owed to a third party (such as a duty of confidence);
6.4.5 promote illegal activity or invade another’s privacy;
6.4.6 give the impression that they originate from us; or
6.4.7 be used to impersonate another person or to misrepresent your affiliation with another person.
6.5 The prohibited acts listed in paragraphs 6.2 to 6.4 above are non-exhaustive. You will pay Food.je for all costs and damages which it incurs as a result of you breaching any of these restrictions.
6.6 Food.je will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 6.2 to 6.4.
7. Links To and From Other Websites
7.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Food.je has not reviewed all of these third party websites and does not control (and is not responsible for these websites or their content or availability). Food.je does not endorse or make any representation about them, the material on them, or the results 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.
7.2 You may link to this Website homepage (www.food.je), provided that you do so in a fair and legal way which does not damage Food.je’s reputation or take advantage of it.
7.3 You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by Food.je where none exists.
7.4 The website from which you link must comply with the content standards set out in these Website Terms.
7.5 Food.je has the right to withdraw the linking permission at any time.
8.1 While Food.je tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. Food.je may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and Food.je makes no commitment to update that material. In particular, we do not promise that the information provided by the Delivery Restaurants and displayed on this Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.
8.2 Food.je provides you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).
8.3 You are responsible for the security of your password that you used to register with this Website. Unless Food.je negligently discloses your password to a third party, Food.je will not be liable for any unauthorised transaction entered into using your name and password.
8.4 PLEASE NOTE: Food.je tries to accurately copy the item names, descriptions, prices, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Delivery Restaurants. However, it is the Delivery Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Delivery Restaurant directly before ordering.
9.1 Food.je may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
9.1.1 Food.je believes you have posted material in breach of paragraphs 6.2, 6.3 or 6.4 (Visitor Material and Conduct);
9.1.2 Food.je believes that you have breached paragraphs 7.2, 7.3 or 7.4 (Links to and from other websites); or
9.1.3 If you breach any other material terms of these Website Terms.
9.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
10.1 Food.je, and any of our affiliate companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if forseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
10.2 Food.je takes full responsibility for the communication of orders to the Delivery Restaurants as set out in these Website Terms. Food.je's customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavours to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the Delivery Restaurants that you place your order with. Food.je cannot give any undertaking that the food and beverages ordered from the Delivery Restaurants through this Website will be of satisfactory quality and any such warranties are disclaimed by Food.je. Neither can Food.je give an undertaking that the estimated delivery and collection times stated on this Website are accurate. These disclaimers do not affect your statutory rights against the Delivery Restaurants.
10.3 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from Food.je's negligence, nor Food.je's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
10.4 With the exception of any liability referred to in paragraph 10.3 above, Food.je’s total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or £100, whichever is the lower.
10.5 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
11. Governing Law and Jurisdiction
These Website Terms shall be governed by and construed in accordance with Jersey law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the Jersey courts.
12. Additional Terms
12.2 If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
12.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
12.4 You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
12.5 The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
13. Your Status
13.1 By placing an order through our Website, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
14. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. Events Outside Our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire Agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
Food.je Voucher Terms and Conditions
1. Vouchers with a credit value (“Paycode Vouchers”) and promotional discount vouchers (“Discount Vouchers”, and together with Paycode Vouchers, “Vouchers”) issued by Food.je eTakeaway Ltd (“Food.je”) may only be redeemed towards online orders from delivery restaurants (“Delivery Restaurants”) made through www.food.je or any mobile application through which you access our website or services (together, “Website”).
2. If the order value is more than the Paycode Voucher value that has been credited to the customer account, the remaining balance must be paid online using a debit or credit card.
3. Paycode Vouchers and Paycode Voucher Codes are only valid for one use. Once the Paycode Voucher Code has been used (whether in an authorised or unauthorised manner), the Paycode Voucher Code will be void. Paycode Voucher recipients are responsible for ensuring that their Paycode Voucher Codes are not used by someone else.
4. Gift Vouchers must be used by the deadline specified on the Gift Voucher and/or at the time the Gift Voucher is issued by entering the relevant voucher code (“Gift Voucher Code”), and will expire after such date.
5. Unless otherwise provided or specified on the Voucher and/or at the time the Voucher is issued, Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time.
6. Vouchers may not be exchanged for cash.
7. Food.je reserves the right, at any time and in its sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers.
8. All standard terms and conditions from time to time for use of the Website and Food.je’s services apply.
Food.je Competitions Terms and Conditions
1. The following general terms and conditions (the “General Terms”) will apply to all competitions run by Food.je eTakeaway Ltd (“Food.je”).
2. Individual competitions will also be subject to, and the General Terms will be supplemented and/or modified by, additional terms and conditions (the “Specific Terms”) that will be specified in connection with each competition.
3. Competitions are open to individual residents of Jersey aged 18 or over, except employees of Food.je, their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with the competition.
4. Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these General Terms and any applicable Specific Terms.
5. Food.je reserves the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Terms.
6. Completing and submitting a competition entry form will be deemed acceptance of the General Terms and any applicable Specific Terms.
7. The General Terms and any applicable Specific Terms shall be governed by the laws of Jersey, England and Wales and subject to the exclusive jurisdiction of the Jersey courts.
8. Any personal data that is collected as part of any Food.je competition will be processed in accordance with applicable UK data protection legislation.
9. Food.je reserves the right to withdraw any competition at any time without prior written notice and/or to alter or amend the General Terms or the Specific Terms for any competition at any time.
10. Food.je decision is final and binding in all matters relating to any competition and no correspondence will be entered into.
11. All standard terms and conditions from time to time for use of Food.je's website and services apply.
By visiting and/or ordering services on this Website, you agree and where required you consent to the collection, use and transfer of your information as set out in this policy.
1. Information That We Collect From You
1.1 When you visit the Website or make a Food.je order through the Website, you may be asked to provide information about yourself including your name, contact details and payment information such as credit or debit card information. We may also collect information about your usage of the Website and information about you from the messages you post to the Website and the e-mails or letters you send to us.
2. Use Of Your Information
2.1 Your information will enable us to provide you with access to the relevant parts of the Website and to supply the services you have requested. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business, for any other purpose whether statistical or analytical and to help us prevent fraud.
2.2 We may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the Website or our services.
2.3 By using this website you agree that we may use your information to let you know about the status of your order by mobile messaging (e.g. SMS, MMS etc.) as well as by e-mail.
2.4 The information we collect is used solely to help us analyse the information we collect so that we can administer, support, improve and develop our business and services to you and will not be disclosed to any third parties.
2.5 If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in section 7 below and/or amending your profile accordingly.
2.6 Please note that by submitting comments and feedback regarding the Website and the services, you consent to us to use such comments and feedback on the Website and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the parish in which you reside.
3. Disclosure Of Your Information
3.1 The information you provide to us will be transferred to and stored on our servers in the UK or at a destination outside the European Economic Area, and may be accessed by or given to our staff working outside the UK and third parties including companies who act for us for the purposes set out in this policy or for other purposes notified to you from time to time in this policy. Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is treated in accordance with this policy.
3.3 We will not sell, distribute or lease your personal information to any third parties, including marketing and advertising companies, our affiliates or associates unless we have your permission or are required by law to do so.
3.4 If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
3.5 We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce our Website Terms and any other agreement; or to protect the rights of Food.je, Delivery Restaurants or others. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
3.6 You are legally entitled to request details of the personal information which we hold about you, under the Data Protection (Jersey) Law 2005.
4. Security and Data Retention
4.1 We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period or as long as the law requires.
4.2 Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.
4.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5. Accessing and Updating
You have the right to see the information we hold about you (“Access Request”) and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in section 7 below. In the event that you make an Access Request, we reserve the right to charge a fee of ten pounds (£10.00) to meet our costs in providing you with details of the information we hold about you.
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to Food.je eTakeaway Ltd, St Brendan, St Brelades Bay, Jersey, JE3 8EA or call on tel. (0)1534 866944.