Wildfire Terms and Conditions
Company: “CAPITAL PROPERTIES LIMITED (t/a Wildfire)”
NOTHING IN THESE CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS A CUSTOMER OF CAPITAL PROPERTIES LIMITED
CAPITAL PROPERTIES LIMITED is trading as “Wildfire” and is located at 14 Mulcaster St, St Helier, Jersey JE2 3NJ.
By entering this Site, you acknowledge and agree that the use of this Site is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall We be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Site or any material on any site linked to this Site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if We have been advised of the possibility of such damage. In addition, we can accept no liability in respect of any changes made to the content of this Site by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law.
When using the website you should take appropriate steps to verify all information on this site before acting upon it. To the fullest extent permissible pursuant to applicable law, CAPITAL PROPERTIES LIMITED, disclaims any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the availability of the Site. CAPITAL PROPERTIES LIMITED, may from time to time revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. In no event shall CAPITAL PROPERTIES LIMITED, be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.
Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.
This statement does not affect your statutory rights and nor does this paragraph apply to CAPITAL PROPERTIES LIMITED, liability for products sold through the Site.
The site may link to sites not maintained or related to CAPITAL PROPERTIES LIMITED. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this Site or CAPITAL PROPERTIES LIMITED. CAPITAL PROPERTIES LIMITED has not reviewed any of all of the sites hyper-linked to or from this Site and is not responsible for the content of any other sites. The links are to be accessed at the user's own risk and CAPITAL PROPERTIES LIMITED makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this Site. Further, CAPITAL PROPERTIES LIMITED, does not implicitly endorse third-party sites hyperlinked to this Site. CAPITAL PROPERTIES LIMITED, will also not be responsible for the content of any third party advertising or sponsorship that may appear on the Site nor for compliance of the same with any laws or regulations.
The Site may also contain references to other company, brand and product names. The company, brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Site are either the property of, or used with permission by CAPITAL PROPERTIES LIMITED. CAPITAL PROPERTIES LIMITED may be, but is not necessarily sponsored by or affiliated with any of the owners of the other company, brand or product name appearing on the Site, and makes no representations about them, their owners, their products or services. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights.
Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Site, or trademarks, service marks, or trade dress found within the Site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
By visiting the Site the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site.
If you decide to register with this Site, you will be asked to create a password. You must keep this password confidential and must not disclose it to anyone. If you believe someone else knows your password, please contact our Customer Service team. CAPITAL PROPERTIES LIMITED, reserves the right to suspend your registration if you breach these Terms and Conditions.
If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties' intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. The laws of Bailiwick of Jersey govern these terms and conditions and you agree that the Jersey courts shall have exclusive jurisdiction in any dispute. This Site is for use only by persons who access it from within the Channel Islands. Goods available from this Site are available only to residents of (or companies incorporated in) Channel Islands. We make no representation that any material contained on this Site is appropriate for any other jurisdiction.
Privacy & Personal details
Wildfire do collect personal information from customers who use our service and for the sole purpose of conducting our business as a Takeaway service provider.
Personal information which is provided to us will not be passed onto any third party. Our intentions for this information will only be used to complete our service as request by you the customer.
The below mentioned methods are how we to collect & and what information we collect, in some cases the information may differ due to the method use to capture.
a) By Telephone.
b) By Online website: https://www.food.je/wildfire
c) In person.
b) Contact details
c) Home address
d) Delivery address
Product Terms and Conditions
In these PRODUCT terms and conditions ("Conditions") the following words and expressions shall have the following meanings: -
1- The Customer, you, your: means you, the customer, who buys the Products from Wildfire;
2- Wildfire, Our and We: means all entities featured by this Site;
3- The Products: means the products supplied by Wildfire, to the Customer; and the Web Site: means the web site www.food.je/wildfire.
Order and Acceptance
1- These Conditions shall apply to all orders and contracts for the supply of the Products by Wildfire, to the Customer. All orders for the Products shall be deemed to be an offer by the Customer to purchase the Products in accordance with these Conditions. Any variations to these Conditions must be in writing; otherwise they will not be binding on either party.
2- The acceptance of orders for the Products shall be at the entire discretion of Wildfire. Our acceptance of an order occurs when you receive an SMS message confirming your order has been accepted at which point, your contract with Wildfire, is made and up until this point, We may decline to provide You with the goods without giving any reason.
3- You may not place any orders on Our Web Site if you are under 16 years of age.
Prices and Payment
1- Unless otherwise stated in writing the prices quoted by Wildfire, on the Web Site are inclusive of VAT and any other applicable taxes.
2- The price of the Products will be as quoted on the Site at the time you confirm your order (by clicking the checkout button) subject only to any inadvertent technical mistake which We shall not be liable for. The price for your order shall be deducted from your account at the time your order is placed. We reserve our right to terminate this agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
3- You can pay by any of the following methods: cash on delivery or onsite, credit card and debit cards via the phone or online. Payment by cards do not incur a surcharge fee currently. Please note orders placed using a credit or debit card will be checked for validity by using, CV2, Postcode and verified by Visa or MasterCard secured code, each card provider will control the portable you use to verify your identity. Only on successful verifications at the date of your order will the good been sent for dispatch. We do not accept cheques.
Your payment details are secured from our site and processed via fully PCI compliant payment gateways supplied by CityPay (citypay.com) or PayPal (www.paypal.com). No payment card details are handled or processed in any way by CAPITAL PROPERTIES LIMITED or Food.je.
By using our online ordering system, you the customer declares all relevant personal information is completed as accurately as possible including telephone numbers and addresses CAPITAL PROPERTIES LIMITED will not be held liable for any delays or rejections to your order in case of information being incorrectly provided.
Changes to your Order
If you wish to cancel, amend or complain about your order, please telephone CAPITAL PROPERTIES LIMITED, Wildfire, details of which will be included in the confirmatory e-mail sent to you upon placing your order. If you amend your order, the price charged will be the price for the amended order. If you paid by Credit card the price difference will need to be paid separately to Wildfire, or any refund would need to be processed by our Customer Services team. Please note that as promotions are only available for limited periods, any changes to your order may mean the promotions are no longer available.
1- We will aim to provide you with your ordered Products as close as possible to your requested delivery/collection time. The deliveries are only done from Wildfire. Orders placed with are for collection only. The average delivery time for Wildfire is displayed on the Web Site at the time of ordering. In peak times the delivery times can be extended.
2- The Customer agrees to accept delivery of the Products at the agreed time and place of delivery.
3- We can only fulfill an order for large quantities at the discretion of CAPITAL PROPERTIES LIMITED, from which you are ordering.
4- If you have chosen for the Products to be delivered, CAPITAL PROPERTIES LIMITED will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then we will not refund you the price for your order and will charge you for the full amount of your order.
5 Products are subject to availability. If your products are not available, We may offer you a reasonable substitute of equivalent quality and price or We may call you to tell you that your ordered products are not available and to ask you if you would like to order something else. This may affect the price you pay.
Transfer of Property
1- Risk in the Products shall pass to the Customer on delivery.
2- The Customer acknowledges that all intellectual property rights in the Products do and shall continue to belong to CAPITAL PROPERTIES LIMITED, and the Customer agrees that it will not infringe any of CAPITAL PROPERTIES LIMITED, intellectual property rights.
The Customer agrees that, in the event of any conflict, written information about the Products supplied by CAPITAL PROPERTIES LIMITED, shall prevail over any oral statements made by CAPITAL PROPERTIES LIMITED, or by their employees or agents (although CAPITAL PROPERTIES LIMITED, shall be responsible for any fraudulent misstatements). CAPITAL PROPERTIES LIMITED, shall use all reasonable efforts to ensure that its written information about the Products is accurate.
From time to time, our products may be subject to special offers. Any special offers shall be subject to these Terms and Conditions, which will prevail if there is inconsistency between the terms of the special offer and these Terms. We may change the terms of special offers or withdraw them at our discretion but we will honour any order placed by you before the offer is withdrawn subject always to manifest technical errors. All deals are valid within the promotional period, are subject to change and are not valid in conjunction with other offers, unless otherwise stated.
Limitation of Liability
1- To the fullest extent permitted by law, CAPITAL PROPERTIES LIMITED, excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated time or date of delivery; any circumstances over which CAPITAL PROPERTIES LIMITED, had no control of the consequences and which CAPITAL PROPERTIES LIMITED, could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Customer or others.
2- In any event, CAPITAL PROPERTIES LIMITED's liability to the Customer will not exceed the total price charged for the relevant items.
Any contract to which these Conditions apply (and these Conditions) shall be governed by and construed in accordance with the laws of Bailiwick of Jersey and CAPITAL PROPERTIES LIMITED the Customer submit to the non-exclusive jurisdiction of the Courts of Bailiwick of Jersey.
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 or Website Terms"). 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 26th October 2020. 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 and you will not be able to order any products through the Website.
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. Product Orders: We provide a way for you to communicate your orders (“Order” or "Orders") for products (“Product” or "Products") to delivery or takeaway restaurants in the Jersey (“Restaurant” or "Delivery Restaurants") displayed on the Website. The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with and we will conclude the sale of Products on behalf of, and as commercial agent for, the Restaurants in all cases.
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.
2.6 Please note that all estimated ready times quoted to you are approximate and may vary from the time is takes for your food to arrive. If your food arrives outside the estimated time you will not 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. Payments must be made by the cardholder, or PayPal account holder directly. It is an offence to use any other persons credit/debit cards for payments without their consent.
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.
3.8. Estimated times for deliveries and collections are provided by the Restaurant and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.
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. All passwords on Food.je are encrypted for security.
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. Please do not use the "leave a note for the Restaurant" box for your food allergies or intolerances, please contact the Restaurant directly.
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 with the delivery restaurant; and
(b) You are at least 18 years old.
(c). You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Restaurant directly to check that the food is suitable for you, before placing your order directly with them.
(d). Alcohol, cigarettes and other smoking products:. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol in the Jersey, or for any person to buy, or attempt to buy, alcohol, tobacco or other smoking products in Jersey on behalf of any person who is under the age of 18;
If your Order includes any alcohol, cigarettes or other smoking products, you will be asked to provide proof of your age on collection or delivery of your Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of your chosen Restaurant, or if the Restaurant reasonably believes that the alcohol, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone under the age of 18, the Restaurant reserves the right not to complete the delivery of the alcohol, cigarettes or other smoking products to you.
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 and Jersey 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 and Why
Here are the broad categories of personal information that we may collect about you and the reasons why:
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.
1.3 Information that you provide voluntarily:
Registration information when you create a Food.je account so we can:
1. create your account so you can place Orders under our Terms
2. identify you when you sign-in to your account;
3. contact you for your views on our Services; and
4. notify you of changes or updates to our Services.
Transaction Information when you place an Order with a Restaurant in order to:
1.process your Order and to bill you (though note, Food.je never stores your credit card information in our systems);
2.communicate your Order to the Restaurant;
3. send you status updates on your Order;
4. reply to your Order queries and questions and to resolve problems;
5. carry out analysis and research to develop and improve our Services; and
6. protect you and the Services by seeking to detect and prevent fraud or other acts in breach of our Terms or policies relevant to the Services.
Feedback on your views of our Services in order to:
1. reply to your questions or queries;
2. Information that we collect automatically
Activity Information so we can:
1. provide you with an improved experience;
2. give you access to your Order history and preferences; and
3. provide other services at your request.
Cookies and similar technologies so we can:
1. measure and analyse the use and effectiveness of our Services;
2. customise and optimise the targeting of advertising for our Services across other websites and platforms; and
3. provide location services if you choose to share your geo-location.
We process information that you provide voluntarily, information that we collect automatically and information that we obtain from third party sources in order to constantly improve our Services. Using this, we can make it even easier for you to find the food you want when you want it, no matter what device you choose to use or where you are in Jersey.
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 via service providers under a secure data processing agreement.
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 outside the Delivery Restaurant you order from for the purpose of processing and delivering your order.
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 8 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
We may share your personal information with the following recipients (and whenever we do, we will ensure that we have appropriate security and contractual safeguards in place to protect it):
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 unless we have your permission or are required by law to do so.
3.4 If any part of our business enters into a joint venture, purchases another business or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, or new business partners or owners or their agents and advisors. In these circumstances we will always inform the relevant entities that they must only use your personal information for the purposes disclosed in this Privacy Notice.
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 2018.
4. Legal Basis For Processing Personal Information
Our legal basis for collecting and using your personal information as described above will depend on the specific context in which we collect it.
Our main reason for collecting and using your personal information is to perform our contract with you (i.e. to make sure you get your Order when you want it). However we will also use your personal information where it is in our legitimate business interests to do so (but only if our interests are not overridden by your data protection interests or your fundamental legal rights and freedoms). In some cases, we may have a legal obligation to collect personal information from you (e.g. in the event of legal proceedings) or we might need to process it or share it with others to “protect your vital interests” (this is legal speak for saving your life) or those of another person (e.g. in a case where another person’s life is in danger).
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (and we’ll also explain the possible consequences of you not providing it).
Similarly, we may collect and use your personal information in reliance on our legitimate interests (or those of any third party). Relevant legitimate interests include a) to market to you or make you offers that we believe will interest you via an "opt-in" consent button; b) to analyse and understand how our services are used and so to improve them; c) for fraud prevention or prevention of other criminal acts; or d) to keep our systems secure.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to contact us” section 8.
5. Security and Data Retention
5.1 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.
5.2 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. All passwords on Food.je are encrypted for security.
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. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
6. Your Data Protection Rights
Food.je provides you with the tools to access, review or update your personal information at any time through your account. 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 8 below.
We may update this Privacy Notice from time to time in response to changing legal, technical or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Notice changes if and where this is required by applicable data protection laws.
We encourage you to periodically review this page for the latest information on our privacy practices.
8. How To Contact Us
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.
The controller of your personal information is Food.je and the restaurant you order from in Jersey.