Food4u IRELAND LIMITED (“Sainoco”) WEBSITE TERMS AND CONDITIONS (“WEBSITE TERMS”) IMPORTANT LEGAL NOTICE
IMPORTANT LEGAL NOTICE
This page tells you the terms and conditions on which we provide our services ("Website Terms"). Please read these Website Terms carefully before ordering any products from our Website. You should understand that by ordering products via the Website, you agree to be bound by these Website Terms.
Please click on the button marked “I Accept” at the end of these Website Terms if you accept them. Please understand that if you refuse to accept these Website Terms, you will not be able to order any products from our Website.
1. INTRODUCTION AND OUR ROLE
1.1 SAINOCO is a company registered in Ireland.
1.2 SAINOCO’S VAT number is IE 9744219J
1.3 SAINOCO provides a way for you to communicate your orders to delivery restaurants (“Delivery Restaurants”) displayed on this Website.
1.4 If your order is taking longer than expected or you have any other problems with your order you can contact our customer care team by clicking on the “Need help?” box and filling in the required fields or by contacting our customer care team by telephone on the number shown on this Website. One of our customer care advisers will contact the Delivery Restaurants in order to chase up your order.
1.5 Customer care is extremely important to SAINOCO, therefore, in the event that you are dissatisfied with the quality of food ordered through this website, subject to paragraph 3.3 below, SAINOCO will assist you, where possible, in seeking a refund from the restaurant to a maximum amount equivalent to the value of the original order. An important part of our quality control process is that consumers provide ratings and feedback on the website to reflect their experiences with restaurants. Please note that any complaint must be lodged with our customer care team using the method described above within 48 hours of placing the order.
1.6 You may access some areas of this Website without making a SAINOCO 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 SAINOCO 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 Restaurants you will be given the opportunity to submit your order by clicking on the “proceed” button. Please note it is important that you check the information that you enter and correct any errors before clicking on the “proceed” 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” 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, SAINOCO 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.This does not affect your statutory rights.
2.6 Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account.
3. PRICE AND PAYMENT
3.1 Prices will be as quoted on this Website. These prices include VAT but 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 SAINOCO will normally contact you before the order in question is dispatched to notify you of the updated price and to confirm whether you wish to cancel or proceed with the order.
3.3 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. SAINOCO 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 SAINOCO is able to respond to a complaint.
3.4 Payment for all orders must be by credit or debit card as stated on this Website or in cash at the point of delivery to you.
3.5 A discount may apply to your order if you use a promotional code recognised by this Website and endorsed by SAINOCO.
3.6 Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account or 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 SAINOCO or SAINOCO’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 SAINOCO’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 SAINOCO 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 SAINOCO tries to ensure this Website is normally available twenty four (24) hours a day, SAINOCO 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 SAINOCO for all costs and damages which it incurs as a result of you breaching any of these restrictions.
6.6 SAINOCO 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. SAINOCO 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). SAINOCO 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, provided that you do so in a fair and legal way which does not damage SAINOCO’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 SAINOCO 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 SAINOCO has the right to withdraw the linking permission at any time.
8.1 While SAINOCO tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. SAINOCO 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 SAINOCO 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 SAINOCO provide 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 SAINOCO negligently discloses your password to a third party, SAINOCO will not be liable for any unauthorised transaction entered into using your name and password.
8.4 PLEASE NOTE: Whilst SAINOCO goes to great effort to provide accurate information, item names, descriptions, prices, heat & allergenic warnings on this website, the menus are ultimately provided by the restaurants. If you are in doubt about allergy warnings or contents of a dish, it is best to confirm with the restaurant directly prior to ordering.
9.1 SAINOCO 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 SAINOCO believes you have posted material in breach of paragraphs 6.2, 6.3 or 6.4 (Visitor Material and Conduct);
9.1.2 SAINOCO 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 SAINOCO, and any of our group 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 SAINOCO takes full responsibility for the content of this Website and for the communication of orders to the Delivery Restaurants as set out in these Website Terms. SAINOCO’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. SAINOCO 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 SAINOCO. Neither can SAINOCO 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 SAINOCO's negligence, nor SAINOCO'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, SAINOCO’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 100.00, 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 the laws of Ireland. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Ireland.
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.
13.1 By placing an order through our Website, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) (in the case of an individual) 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, 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 actions, legislation, regulations, orders 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 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 and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.