HUNGRY BUDDY WEBSITE TERMS AND CONDITIONS OF SALE
This terms and conditions apply between you, the User of this Website https://www.hungrybuddy.co.uk (including any sub – domains, unless expressly excluded by their own term and conditions), and Hungry Buddy Limited, the owner and operator of this website. Please read these terms and conditions carefully, as they affect your legal rights. These terms and conditions govern the sale of all goods by us and will form basis of the contract between you and us. If you wish to place an order with us, our website and mobile apps will guide you through the ordering process. Before submitting your order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read these terms and conditions carefully before submitting it. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately, and you will not be able to order any products through the website.
We reserve the right to change these website terms from time to time by changing them on this page. We advise you to print a copy of these Website terms for future reference. These Website terms are only in the English language.
1. HUNGRY BUDDY LIMITED DETAIL
1.1. Company Details: Hungry Buddy Limited is a company incorporated in England and Wales with registered company number 10657513, whose registered address is 17, Warwick Road, Batley, West Yorkshire, WF17 6BU
1.2. Website: www.hungrybuddy.co.uk
2. WEBSITE ACCESS AND TERMS
2.1. Website access: You may access some areas of the website without making an order or registering your details with Hungry Buddy Limited. Most areas of the Website are open for everyone.
2.2. Acceptance of terms: By accessing any part of the hungrybuddy.co.uk Website, you indicate that you accept our Website terms. If you do not accept these Website terms, you should leave the Website immediately, and you will not be able to order any products through the Website.
2.3. Revision of terms: We revise the right to change these website terms from time to time. You should check the Website regularly to review the current Website terms, we advise you to print a copy of these Website terms for future reference.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access our 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 condition and they comply with them.
3. CAPACITY AND AGE
3.2. By placing an Order through the hungrybuddy.co.uk Website, you agreeing to these terms and conditions, you represent and warrant that;
3.2. You are legally capable of entering in to binding contract with our partner Restaurant; and
3.3. You must be at least 18 years of age or over to use this Website.
4. ORDER AND PROCESSED
4.1. Compiling your Order: When you place an order from the menu of your chosen Restaurant or Takeawy and provided the other required information, you will be given the opportunity to submit your order by pressing or clicking the "proceed" "place my order" or similar button. Please ensure that you have given us correct information, any errors before or clicking selecting this button; once you do so you will be entering into a contract with the Restaurant or Takeaway and errors cannot be corrected.
4.2. Amending or cancelling your Order: Once the order has been submitted and your payment has been taken and authorized, you will be unable to change or cancel your order and will not be eligible for refund. If you wish to change or cancel your Order, you may contact the Hungry Buddy Customer support team to attempt to resolve your request. However, there is no guarantee that we will be able to contact the Restaurant or Takeaway on your behalf that the Restaurant or Takeaway’s will agree to your requests as they may have started processing your Order.
4.3. Payment authorization: Upon receiving your Order, where any payment you make is not authorized, your Order will not be processed or communicated to the relevant Restaurant or Takeaway.
4.4. Processing your Order: Once the order has been dispatched and you have been sent a confirmation email, SMS or notification on the website is being processed.
4.5. Restaurant rejections: Restaurant or Takeaway has the ability to reject your Order at any time because they are too busy, due to weather conditions or for any other reason. In does so, Restaurant or Takeaway will be refunded any payment you made.
4.6. Delivery of your Order: Estimated times for deliveries and collections are provided by the Restaurants or Takeaway is only estimates. Neither Restaurant nor Takeaway guarantee that Orders will be delivered or will be available for collection within the estimated times.
5. PRICE AND PAYMENT
5.1. Delivery costs and VAT: The price of any meals will be listed on our Website. These prices include VAT. Prices will be varying between menus. Prices are liable to change at any time. Delivery costs, any administration or service charge imposed by Restaurant or Takeaway. This will be added to the total amount due where applicable.
5.2. Incorrect pricing: We try to ensure that all details, descriptions and menu prices which on our Website are accurate. It is possible that some of the menus may include incorrect prices due to our Website contains a large number of menus. If we discover an error in the price of any menus which you have ordered we will inform you of this as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling.
5.3. Payment methods: Upon receiving your Order, Payment for Orders must be paid by an accepted credit or debit card through the Website, Mobile apps or in cash to the Restaurant or Takeaway at the point of delivery to, or collection by, you.
5.4. Card payments: If you choose pay by credit or debit card, you are required to show the card to Restaurant or Takeaway at the time of delivery or collection as proof of identification. Card payments that from time to time there may be delays with processing and transactions. This may result in payment taking up to thirty (30) days to be deducted from your bank account.
5.5. Discount or promotional vouchers: A discount or promotional may apply to your Order if you use a code recognized by the hungrybuddy.co.uk Website and endorsed by Hungry Buddy Limited, and you pay for any balance by credit or debit card.
6.1. Terms of permitted use: You are permitted to use our Service only for lawful purposes. The Website and print and download extracts from the hungrybuddy.co.uk Website for your personal non-commercial use on the following basis.
6.1.1. You must not misuse the hungrybuddy.co.uk Website (including by hacking or scraping)
6.1.2. You may not use our Website or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
6.1.3. You also agree not to access without authority, interfere with, damage or disrupt any of our Website or our Service or any network or equipment used in the provision of our Service.
6.1.4. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 6.1.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
6.2. Limitation on use: Except as stated in paragraph 6.1.1, the hungrybuddy.co.uk Website may not be used, and no part of the our Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service, without Hungry Buddy Limited prior written permission.
6.3. Reservation of rights: Any rights not expressly granted in hungrybuddy.co.uk Website Terms are reserved.
7. WEBSITE ACCESS
7.1. Website availability: While we try to ensure the hungrybuddy.co.uk Website is normally available twenty four seven (24/7) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
7.2. Suspension of access: Access to the hungrybuddy.co.uk Website may be suspended temporarily at any time and without notice.
7.3. Information security: You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. The transmission of information via the Internet is not completely secure. We cannot guarantee the security of your data transmitted to Website: any transmission is at your own risk.
8. MALWARE, VIRUS AND INTERNET SECURITY
8.1. Our Website is secure and free from viruses and other malware. We exercise all reasonable skill and care to ensure that;
8.2. You are responsible for protecting your software, hardware, data and other material from viruses, malware and other internet security risks.
8.3. You must not attempt to gain unauthorized access to any part of our Website or any other server, computer or database connected to our Website.
8.4. You must not attack our Website by means of a denial of service attack, a distributed denial of service attack or by any other means. By breaching you may be committing a criminal offence under the Computer misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them.
9. LINKS TO AND FROM OTHER WEBSITES
9.1. Third party websites: Where our Website contains link to other sites and provides by third parties, these links are provided for your information only. If you use these links, you leave the Website. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Websites linked to the Website, you do so entirely at your own risk.
9.2. Linking permission: You may link to the Website’s homepage (www.hungrybuddy.co.uk), provided that:
9.3. You do so in a fair and legal manner way which does not damage or take advantage of our reputation;
9.4. You may not establish a link from a Website that is not owned by you or in a way that suggests a form of association with endorsement by us where none exists;
9.5. You may not link to our Website from any other site the main content of which contains material that;
9.6. We have the right to withdraw linking permission at any time and for any reason.
10. REVIEWS AND VISITOR MATERIAL
10.2. You represent and warrant that any visitor material you post, Any material you upload to our Service or data that we collect as set out above paragraph 10.1 and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
10.3. Visitor Material Policy: You may use our Service for lawful purposes. It is prohibited from posting, uploading or transmitting to or from the Website any visitor Material (including any Reviews) that:
10.3.1. breaches any applicable local, national or international law or regulation;
10.3.2. Agree not to access without authority, interfere with, damage or disrupt Any part
10.3.3. Is unlawful or fraudulent; or amount to unauthorized advertising;
10.4. Visitor Reviews Policy: Any Reviews in particular (but without limitation) that you submit through our Website must not:
10.4.1. contain any offensive, defamatory or obscene material;
10.4.2. promote discrimination or violence;
10.4.3. breach any legal duty owed to a third party such as a duty of confidence;
10.4.4. promote illegal activity or invade another’s privacy or give the impression that they originate from us;
10.4.5. Infringe the intellectual property rights of another person or misrepresent your affiliation with another person or be used to impersonate another person.
10.5. Removal of Reviews: The prohibited acts listed are non-exhaustive. We reserve the right and have the sole discretion to remove or edit at any time any Reviews, Visitor Material posted, uploaded or transmitted to the our Website that we determine breaches a prohibition is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
10.5. Use of Reviews: Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or third parties, and any statements, advice or opinions provided by such persons are theirs only. We assume no responsibility or liability to any person for any Reviews or other Visitor Material, any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
10.7. Liability: The fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with any Reviews or other Visitor Material the use of (or inability to use) our Website or the use of or reliance upon any content included on our Website.
10.8. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 10.2 or 10.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
11.1. Website information: While we try to ensure that information on the Website is correct. Nothing on our Website constitutes advice on which you should rely. It is provided for general information purposes only. We do not promise it is accurate or complete and up-to-date. We may make changes to the material on the Website, or products and prices described on it, at any time without notice.
11.2. Menu information Allergy, dietary and other: Menu information provided to us by Takeaway and Restaurants. We try to copy the item name, descriptions, price, special offer information, heat and allergenic warnings and other information accurately. However, it is the Restaurants or Takeaway’s that are responsible for providing this Menu information to us and we do not undertake any such responsibility. If you not sure about, you should confirm with the Restaurant directly before ordering.
11.3. Restaurant and Takeawa's action and omissions: The legal contract for the supply and purchase of Products is between you and the Takeaway’s or Restaurant that you place your order with. We have no control over the action or omissions of any Takeaway’s or Restaurants. You accept the following by using the Website:
11.3.1. We do not give any undertaking that Products ordered from Takeaway’s or Restaurants through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.3.2. Times given for collection and delivery are only estimates. Neither Hungry Buddy nor the Takeaway’s or Restaurants guarantee that order will be delivered or will be available for collection within the approximate time specified when you place your order.
11.3.3. We encourage our entire Takeaway and Restaurants to accept all order and to communicate any rejection promptly and we will notify you by email or text as soon as reason if Takeaway or Restaurant rejects your order.
12. OUR LIABILITY
12.1. General: We have taken every care in the preparation of our site and our service. Nothing in these Website terms excludes or limits does not affect our liability for death or personal injury arising from our negligence or our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
12.2. Exclusion of liability: We will under no circumstances whatever is liable to you, whether arising in contract, in negligence or otherwise for loss or damage which you or any third party may incur in connection with our Website, our Service and any Website linked to our site and materials posted on it.
13. SUSPENSION AND TERMINATION
13.1. Grounds for termination: We may suspend or terminate your right to use the Website immediately by notifying you in writing by email, if we believe in our sole discretion that:
13.1.1. You have used the Website in breach of section 6.1 (License)
13.1.2. You have posted Reviews or other Visitor Material in breach of section 10.3 0r 10.4 (Reviews and Visitor Material)
13.1.3. You have breached section 9.2 (Links to and from other website) or
13.1.4. You have breached any other material terms of these Website terms.
13.2. Obligations upon termination: Immediate, temporary or permanent removal of any downloaded, posting, uploaded or printed extracts from the Website. Legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from breach.
14. CUSTOMER SUPPORT
14.1. General: The Hungry Buddy Customer support team will attempt to assist you and resolve any enquiry where possible regarding your order. You can contact the Hungry Buddy customer team by clicking or selecting “Contact us”, “Need help?” or similar button or by calling the telephone number shown on the Website.
14.2. Question about your order: Estimated time for deliveries and collections are provided by the Restaurants or Takeaways are only estimates. If your order is taking longer than expected or you have any other issue with your Order, you can contact our customer support team as described above and our team will attempt to contact the Restaurant or Takeaway in order to follow up on your query.
14.3. Changing or cancelling Order: Once an order is placed, you will be provided the option to cancel the order up until the point of acceptance from the Restaurant or Takeaway. You will not have any right to cancel an order once accepted by the Restaurant or Takeaways. You can contact our customer support team as described above and our team will attempt to contact the Restaurant or Takeaway in order to follow up on your query. However, there is no guarantee that Restaurant or Takeaways will agree to your requests as they may have already started processing you order.
14.4. Complains or feedback: Any complaints relating to your order should first be contact our customer support team. In the event that you are dissatisfied with the quality of any products or the service provided by a Restaurant or Takeaways, please consider providing the rating, comments and reviews on the Website feedback form to reflect your experience. The reviews are an important part of our quality control process.
14.5. Compensation: If you are unhappy with the quality of any product or the service provided by a Restaurant or Takeaway and wish to seek a refund, you should contact the Restaurant or Takeaway directly to raise your complaint and, where appropriate, follow the Restaurant’s or Takeaway’s own complaint procedures. However, If you are unable to contact the Restaurant or Takeaway, or the Restaurant or Takeaway refuses to deal with your complaint, you can contact the Hungry Buddy customer support team within 48 hours of placing your order and one of the customer support team members will attempt to contact the Restaurant or Takeaway in order to request compensation on your behalf. Please note that we have no control over Restaurant or Takeaways and the quality of the products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant or Takeaway.
15. WRITTEN COMMUNICATIONS
15.1. When using the Website or ordering product via the Website, you accept that communication with us will be mainly by email. Applicable law requires that some of the information or communications we send to you should be in writing. We will contact you by email or provide you with information by posting notices on the 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.
16. EVENTS OUTSIDE OUR CONTROL
16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our Website terms that is caused by events outside our reasonable control.
16.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular without limitation the following;
16.2.1. strikes, lock-outs or other industrial action. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war;
16.2.2. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.3. Impossibility of use of railways, shipping, aircraft, motor transport or other means of public or private transport, Impossibility of the use of public or private telecommunications networks and the acts, decrees, legislation, regulations or restrictions of any government.
16.3. Our performance under these Website terms is deemed to be suspended for period that any Force Majeure events continues and we will have an extension of time for performance for the duration of that period.
17. ADDITIONAL TERMS
17.3. Severability: If any of these Website terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, terms and condition or provision will to that extent be severed from the remaining terms and condition and provisions which will be continue valid to the fullest extent permitted by law.
17.4. No waiver: If you breach these conditions and we take no action, any failure or delay by you or us in enforcing in whole or in part any provision of these Website terms will still be entitled to use rights and remedies in any other situation where you breach these conditions.
18. JURISDICTION AND GOVERNINIG LAW
18.1. These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with laws of England and Wales.
18.2. Disputes or claims arising in connection with these Website Terms and Condition (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.