This Agreement is a legal document which sets out your rights and obligations, and those of Dining Solutions (“we”, “us” or “Dining Solutions”), in relation to the service we provide (the “Dining Solutions Service”) and the food, drink and other products (“Meal Products”) that you may purchase through the Dining Solutions Service. You must take the time to read and understand this Agreement before registering for, or making a purchase through, the Dining Solutions Service; you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 12 below.
The principal purpose of the Dining Solutions Service is to help the restaurants and other food outlets that we work with (collectively “Outlets”) to sell their Meal Products to consumers through the Internet. It is most likely that you are using the Dining Solutions Service through an Outlet’s website (the “Outlet’s Site”).
When you place an order for a Meal Product through the Dining Solutions Service (“Your Order”), it is placed with the Outlet and not with us; we merely act as the Outlet’s agent in receiving Your Order, which we pass on to the Outlet directly, and payment for the Meal Product. Your Order constitutes an offer to purchase that Meal Product. The acceptance of Your Order is at the entire discretion of the Outlet, and is not accepted until you receive an email confirmation of order acceptance and/or optional text message. At this point, a contract with the Outlet to purchase the Meal Product is formed (the “Meal Purchase Contract”); prior to receiving that message, we or the Outlet may decline Your Order with or without a reason. Note that (a) your Meal Purchase Contract is with the Outlet, and we are not party to it, (b) we do not have any responsibility for a Meal Product, including for its quality or delivery, and (c) any problems or complaints you may have concerning a Meal Product must be addressed to the Outlet, and not to us. Meal Products are subject to availability. If a Meal Product is not available, the Outlet (or we, on the Outlet’s behalf) may offer you a reasonably equivalent alternative Meal Product, using one of the contact methods you have provided to us. Such an alternative may affect the price you pay.
The Outlet’s Site (or the Dining Solutions Service) may display Meal Products. These are intended to be reasonably accurate representations of the Meal Products. However, neither we nor the Outlet can guarantee that the appearance of a Meal Product as delivered will replicate how it appeared to you on-screen; in part, this is dependent upon your computer’s display monitor, the limitations of technology and even how you perceive colour. We try as hard as we reasonably can to ensure that the prices quoted for Meal Products are correct. However, if there is an inadvertent mistake in the pricing, we (and the Outlet) shall not be liable for it. In this event, we may cancel Your Order, and you may be required to make a fresh order at the correct pricing.
You can pay by the methods specified when you are placing Your Order on the Dining Solutions Service. It is your responsibility to ensure that Your Order is placed using a credit or debit card which is valid. By placing an order of the website, you agree to us requesting an Authorisation from your Card Issuer for the total amount at that point. Then subsequently, when the Your Order is confirmed by the Restaurant, we will request settlement for the full amount of Your Order. This latter step is the point of payment. Your Meal Purchase Contract may be terminated by the Outlet (or by us, on the Outlet’s behalf) if we are refused authority for payment or reasonably believe that payment may be refused. We do not undertake that the price of a Meal Product ordered through the Dining Solutions Service will be the same as the price charged for the same Meal Product if it is purchased at the Outlet or by telephone.
When placing Your Order, you may be asked to provide an address for delivery. It is your obligation to ensure that the address your provide is sufficiently accurate for delivery to be made, and is readily accessible for such a delivery. Note that the person making a delivery is obliged only to deliver to the main entrance of the delivery address you have selected. While the Outlet will endeavour to deliver the Meal Product covered by a Meal Purchase Contract within a reasonable period (and/or as close as possible to your requested delivery time), note that we do not have responsibility for speed or timeliness of delivery, and that deliveries may no always go to plan (as a result of weather, traffic and other factors). You agree to accept delivery of a Meal Product at the address specified in Your Order. If you are not present to take delivery, then the price you have paid for that Meal Product will not be refunded to you. The Outlet (or we, on the Outlet’s behalf) may contact you if there is an excessive delay with the despatch of your Meal Products.
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Dining Solutions Service are owned by, or exclusively licensed to, us. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Dining Solutions Service or any of the material which is found on the Dining Solutions Service unless properly licensed to do so by us.
We or our affiliates may offer new or additional services through the Dining Solutions Service from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the Dining Solutions Service in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.
Dining Solutions shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise. Nothing in this Agreement shall exclude or restrict Dining Solutions’ liability for death or personal injury resulting from our negligence. Dining Solutions’ liability in relation to any Meal Product shall be limited to the price you paid for that Meal Product. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
i. for any loss of revenue, business, anticipated savings or profits; or
ii. for any indirect, special or consequential loss damage, costs or other claims,
howsoever caused or arising, whether through non-supply or late supply of a Meal Product or other non-performance of this Agreement, or otherwise. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. Note that this Clause 9 relates to the liability of Dining Solutions, and not the liability of Outlets. The provisions of this Clause 9 shall survive the termination or expiry of this Agreement.
The Dining Solutions Service may include links to one or more Outlet’s Site(s), and/or to other websites. We do not have any responsibility for the content of Outlet’s Site(s) or other sites. Linkage or reference to an Outlet’s Site(s) or another website does not convey any endorsement or approval of it by us.
This Agreement is intended to contain your entire agreement with us relating to the Dining Solutions Service and Meal Products; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Dining Solutions Service or Meal Products, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
Dining Solutions reserves the right to change this Agreement from time to time, and post the new version on the Dining Solutions Service. The new version will take effect for any activity on the Dining Solutions Service, including any purchase of a Meal Product, after the new version is posted on the Dining Solutions Service.
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.
This Agreement, Your Orders and all Meal Purchase Contracts shall be governed by the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.
Dining Solutions Limited is a company registered in England and Wales under Company Number 04858967, whose registered address is at 923 Finchley Road, London NW11 7PE. Our VAT registration number is 888 2668 55. You can contact us at firstname.lastname@example.org