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Terms & Conditions

Introduction

This page states the Terms and Conditions under which you (the User) may use the Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Site. This Site is operated from Ireland by Takeaway Nation Limited, trading as Takeaway Ireland of Kandoy House, 2 Fairview Strand Dublin 3, Ireland (Takeaway Ireland). Takeaway Ireland may revise these Terms and Conditions at any time by updating this posting. You agree to visit this page periodically to review the Terms and Conditions, because they are binding on you and each time you use the Site you agree to be bound by the current terms and conditions.

Use of the Site

The purpose of this Site is to provide an online food ordering service by connecting consumers with a network of restaurants and food outlets nationwide. When you submit an order on this Site, Takeaway Ireland agrees to communicate this order to your chosen outlet. All food preparation and deliveries are the sole responsibility of the outlet.

Registration

In order to become a registered user of the Site, you are required to choose a username and password. It is your responsibility to keep your username and password secure. You may not share your password or user account with any other party. Other users of your user account and password shall be bound by these Terms and Conditions as if they were you. You agree to immediately notify Takeaway Ireland of any unauthorised use of your user account or password or any other breach of security or breach of these Terms and Conditions of which you become aware.

Ordering

By placing an order on this Site, Takeaway Ireland agrees to communicate your order to your chosen outlet. You will be notified by Takeaway Ireland by email of the receipt and acceptance of your order by the outlet. In the event that the outlet is unable to fulfil your order, you will be notified of this by email.

Online payments are made directly to the outlet. Credit card and/or laser details will be processed on a secure webpage. You can view our Privacy Policy by clicking the link at the bottom of this page or by clicking here. All prices are inclusive of VAT and the relevant delivery costs of the chosen outlet (please note: delivery charges are approximates and some outlets charge per km, please see the outlets information page). Prices are quoted in Euro and are subject to change from time to time. All orders are subject to availability. If an outlet is unable to meet your order you are entitled to an alternative order or a refund. All refunds should be sought from the outlet directly as payment is made by users on receipt of goods or over the phone in the case of credit and debit cards. (see under Cancellation below).

The acceptance of your order represents an agreement between you and the outlet. The outlet is solely responsible for fulfilling the order, including all food preparation, deliveries and collections. Takeaway Ireland aims to provide a connection to only reputable and high-quality outlets however Takeaway Ireland does not except any liability, whether express or implied, for the quality of the goods and service supplied by the outlet.

Please ensure when ordering that you submit correct and complete personal details in order to prevent any unnecessary delays. The User accepts that preparation and delivery times may be affected by factors beyond the reasonable control of the outlet and Takeaway Ireland endeavours, where notified, to inform the User of any unexpected delay.

Intellectual Property

The contents of the Site, including text, design, graphics, logos, images, software and other material (the Content), are protected by copyright under both Irish and foreign laws. Unauthorised use of the Content may violate copyright, trademark and other laws. You must retain all copyright, trademark and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. In particular, the use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.

Takeaway Ireland authorises you to view and download a single copy of the Content on the Site solely for your personal, non-commercial use.

If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.

User Submissions

Generally, any communication which you submit to the Site is considered to be non-confidential. In accessing the Site you accept that electronic mail passing over the Internet may not be free from interference by third parties. In consequence, Takeaway Ireland cannot guarantee the privacy or confidentiality of any information relating to the User passing over the Internet. To view our Privacy Policy, click on the link at the bottom of this page or click here.

By submitting any communications or material by email or otherwise to the Site, you automatically grant Takeaway Ireland a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication or material alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-licence such rights through multiple tiers of sub-licences.

You agree not to use the Site and/or cause or permit any Content to be used:-

• to impersonate another person;
• to submit material in circumstances that breach the civil or criminal law;
• to submit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to do so;
• to submit material that reveals trade secrets, unless you own them or have the permission of the owner;
• to submit material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others;
• to submit material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or a nuisance to another User or any other person or entity;
• to submit a sexually-explicit image;
• to submit advertisements or solicitations of business;
• so as to jeopardise or prejudice the operation, quality or integrity of the Site or Content, or the operation, quality or integrity of any telecommunications network;
• for any commercial purpose including any surveys, contests or pyramid schemes, nor to use the Site to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
• to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
• to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
• contrary to the terms and conditions of any Internet Service Provider whose services you may use.

If notified of any use of the Site and/or communications which allegedly do not conform to this agreement, Takeaway Ireland may investigate the allegation and determine in good faith and at its sole discretion the appropriate course of action. Each User hereby agrees that any such action taken by Takeaway Ireland will not be challenged by the User. Takeaway Ireland has no liability or responsibility to Users for performance or non-performance of such activities. Takeaway Ireland reserves the right to expel Users and prevent their further access to the Site for violating these Terms and Conditions or the law. Takeaway Ireland reserves the right to remove communications or prevent the use of the Site or remove communications which are abusive, illegal, or disruptive.

Liability of Takeaway Ireland

The Content may contain inaccuracies or typographical errors. Takeaway Ireland makes no representations about the lawfulness, accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using this Site and the Content. The use of the Site and the Content is entirely at your own risk. Changes are periodically made to the Site and may be made at any time.

Takeaway Ireland shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.

TAKEAWAY IRELAND DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TAKEAWAY IRELAND IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TAKEAWAY IRELAND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY WARRANTY OR TERMS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, QUIET ENJOYMENT AND ANY WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. TAKEAWAY IRELAND MAKES NO WARRANTIES ABOUT THE LAWFULNESS, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR LINKS.

You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the Site would not be provided to you in the absence of such limitations.

Disclaimer of Consequential Damages

IN NO EVENT SHALL TAKEAWAY IRELAND, OR ANY THIRD PARTIES MENTIONED AT THE SITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE CONTENT AND THE SERVICE PROVIDED BY THE SITE, WHETHER BASED ON STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL CAUSE, AND WHETHER OR NOT TAKEAWAY IRELAND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

In the event that Takeaway Ireland is found to be liable to you notwithstanding the disclaimers of liability contained in these Terms and Conditions the aggregate liability of Takeaway Ireland to you for all claims arising from the use of the Site or Content is limited to €100 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.

Indemnity

You agree to defend, indemnify, and hold harmless Takeaway Ireland, its officers, directors, employees, agents and service providers, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Content (including software) or your breach of the terms of this Agreement. Takeaway Ireland shall provide notice to you promptly of any such claim, suit, or preceding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Links to and from Other Web Sites

The Site contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by Takeaway Ireland of the content on such third party Web Sites. Takeaway Ireland is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites.

Takeaway Ireland generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided Takeaway Ireland gives its consent to the establishment of such links. Notwithstanding the foregoing, Takeaway Ireland reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.

Privacy Policy

The User can view our Privacy Policy by clicking the link at the bottom of this page or by clicking here.

Cancellation

Takeaway Ireland will accept cancellations of orders prior to the communication of the order by Takeaway Ireland to the outlet. Any cancellations or modifications to the order after this point should be communicated directly to the outlet responsible for the order.

As the Site may contain inaccuracies or typographical errors, Takeaway Ireland reserves the right to cancel any order that has been submitted based on inaccurate information.

Takeaway Ireland and the third party outlets reserve the right to cancel your order at any point and will notify you of any such cancellation.

In the event that an order is cancelled or unavailable, you are entitled to an alternative order or a refund. You should contact the outlet directly with a view to submitting your alternative order or receiving a refund.

Termination

Takeaway Ireland reserves the right to cancel your registration as a User of this Site and/or to prevent you from using this Site in the event of a breach of these Terms and Conditions. Takeaway Ireland may also decline a request for a new registration at its own discretion.

Governing Law

Any disputes, claims or proceedings arising out of or in any way relating to the Content or the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Content or the Site. Without prejudice to the foregoing, Takeaway Ireland may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and Takeaway Ireland may bring enforcement proceedings in another state on foot of an Irish judgment.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

General

The Site is controlled by Takeaway Nation Limited from its location within Ireland. The Site is intended to be accessed by persons located in Ireland. Takeaway Ireland makes no representation that the Content and/or the service provided by the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Takeaway Ireland may at any time and without liability modify, suspend or discontinue the Site or any Content (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND TAKEAWAY IRELAND WITH RESPECT TO THE USE OF THE SITE.

I HAVE READ AND UNDERSTOOD THE ABOVE TERMS AND CONDITIONS AND I UNDERSTAND THAT THEY ARE BINDING ON ME AND GOVERN MY USE OF THE TAKEAWAY.IE SITE.

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