Nifty Nosh - order page

Terms of use

Introduction

Last updated 27 April 2009

This website (www.niftynosh.com) is owned and operated by NIFTY NOSH Limited. 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 of Use"). If you do not agree with the Terms of Use, exit this Site.

These Terms of Use apply to the use of this website (www.niftynosh.com) and by accessing this site and/or placing an order you agree to be bound by the terms and conditions as set out below. We reserve the right to amend the Terms of Use at any time and you should periodically refer to them on this page and elsewhere on this site.

The Terms of Use of this Site do not affect your statutory rights as a consumer.

"You" and "Your" means the person using this Site to order goods and subject to these Terms of Use.

"NIFTY NOSH", "We", "Us", or "Our" means:

NIFTY NOSH Limited
Registered in Northern Ireland.
Company Registration No. NI059894.

Purpose

The purpose of this Site is to provide a simple, convenient and cost-effective service to consumers, linking them to restaurants in their area that offer takeaway food. Interactive menus allow customers to build and submit orders at the click of a button.

By joining, members can view their order history, rate past orders, introduce friends and earn discounts.

Disclaimers and Limitation of Liability

To the extent permitted by law, NIFTY NOSH provides this Site and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this Site, or that it will be timely or error-free, that defects will be corrected, or that the Site or server that makes it available are free of viruses or other harmful components.

Subject to the previous paragraph, neither NIFTY NOSH nor NIFTY NOSH directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this Site.

Nothing in these terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.

Intellectual Property

You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Site for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.

All copyright, trade marks and other intellectual property rights in this Site and its content (including without limitation the Site design, text, graphics, logos, icons, images and all software, databases and source code connected with the Site) are owned by or licensed to NIFTY NOSH or otherwise used by NIFTY NOSH as permitted by law.

The NIFTY NOSH logo is a trade mark of NIFTY NOSH Limited.

Indemnity

You will indemnify NIFTY NOSH, its directors, officers, employees, agents, vendors, advertisers, partners and suppliers against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your Access to and use of this Site, and any breach or violation by you of the Terms of Use of this Site, any applicable law or the rights of any third party.

Availability

This Site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

Third Party Sites

This Site contains links to other websites. Those websites are not under the control of NIFTY NOSH and NIFTY NOSH is not responsible for the practices, content or availability of such websites. A link does not imply endorsement of, sponsorship of or any affiliation with the linked site. If you decide to access linked third party websites, you do so at your own risk, and we will not be held responsible or liable for any loss or damage caused by use of or reliance on any contents, goods or services available on such websites.

You may provide a non-framed link to this Site from any other business or service website but not in any way which gives the impression that we are associated with or have approved such other site, unless expressly agreed to by us in writing.

Limitations of Use

This Site is intended to be accessed by persons located in the UK and we make no representation that any information, materials or functions included in this Site are appropriate for use in any other jurisdiction.

By using this Site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the Site or contacting us.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. You agree to indemnify NIFTY NOSH in respect of any loss arising from the supply of false information by you to us.

To use our service you must be over 18 years of age.

You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.

Members' passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.

You may not use the Site for any unlawful or unauthorised purpose, including without limitation:

• distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material
• transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice
• Interfering with any other persons use or enjoyment of the Site
• Damaging, disabling or impairing the operation of this Site or attempting to gain unauthorised access to this Site or to networks connected to it, through hacking, spoofing or other such similar means

Feedback and User Submissions

We do not solicit nor wish to receive any confidential or proprietary information from you. Nor do we wish to receive any creative materials, ideas or suggestions other than those we specifically request.

If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.

Orders

NIFTY NOSH endeavours to deal with reputable third parties who provide a quality service, however NIFTY NOSH accepts no responsibility or liability for the quality or quantity of any goods delivered by or collected from said third parties. All questions regarding goods shown on this Site should be directed to the relevant restaurant.

After you submit an order to us, we will give you a unique Order Number and send the details of this order to you in an email. Please note that this is an acknowledgement of your order and is not an acceptance.

Acceptance of your order will only occur when we send you a further email or SMS confirming that the restaurant has received and accepted your order. If the restaurant is unable to fulfill your order you will receive an email stating that your order has been rejected.

Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address.

All food preparation and deliveries are the sole responsibility of the restaurant accepting the order. Please be aware that the restaurant will do everything they can to meet the delivery time specified by you, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.

Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact telephone number when ordering.

Members can track the progress of their orders by viewing their Order History.

a. Alcohol and Cigarettes

• It is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor or for any person over the age of 18 to buy intoxicating liquor for delivery to, or consumption by a person under the age of 18. It is also an offence to sell cigarettes to any person under the age of 18. Orders containing alcohol and/or cigarettes shall not be accepted from anyone under the age of 18 or if we have reason to believe that the order is being purchased on behalf of a person under the age of 18. Your order may be cancelled in the event that you are unable to provide us with an acceptable form of photographic identity proving you are over 18 or if we have reason to believe that an order is being purchased on behalf of a person under the age of 18.

b. Payment

• Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to NIFTY NOSH Limited.
• All prices are inclusive of VAT and quoted in British (Sterling) Pounds.
• Delivery charges are calculated per order and based on the delivery terms of the individual restaurant. Any delivery charges will be displayed on the restaurants menu page and clearly in your Order Summary.
• Prices are subject to change and all goods are subject to availability.

c. Cancellation

• You have the right to cancel an order at any time prior to the order being accepted by the restaurant.
• In the case of advance orders you have the right to cancel up to the point that you receive your second email or SMS confirmation
• Members can cancel an order via their Order History, while guests can contact the restaurant directly by telephone to cancel their order
• While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information
• An order may be subsequently cancelled by a restaurant after you have received an email stating the order has been accepted. NIFTY NOSH and our client restaurants reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation
• You will not be charged for cancelled orders

Member Ratings

The ratings contained on this Site are for informational purposes only and do not represent the views of NIFTY NOSH. Ratings are the opinions of registered members and any statements, advice or opinions made are those of such members only.You should not rely on the ratings to make (or refrain from making) your choice of Order.

Promotions and discounts

NIFTY NOSH and its client restaurants will at times run promotions and discounts. The Terms and Conditions relating to any such promotions or discounts will be clearly placed on the site.

Rates of discount may change without notice, and offers may be withdrawn either from individual restaurants or from the whole of NIFTY NOSH without prior notice and with immediate effect. In such circumstances, all remaining discounts will be void and no compensation will be due.

Termination

We reserve the right to decline a new registration, terminate your right to link to the Site, remove you as a user of this Site, and/or prevent any further use if you breach any of your obligations under these Terms of Use. If we consider there to be a risk of liability or loss to us or our client restaurants we may take any action deemed necessary to prevent such a liability or loss from occurring.

If we terminate your right to link to the Site you must cease linking to the Site immediately. Any person who holds a suspended or terminated membership must not order from or re-join this Site without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.

Please note that we have the ability to trace your IP address, and if necessary, contact your ISP in the event of a suspected breach of these Terms of Use.

Enforceability

If any provision of these Terms of Use should be or become partly or wholly ineffective, the provision shall, to the extent required, be severed from these Terms of Use and rendered ineffective as far as possible without modifying the remaining provisions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms of Use.

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

Force Majeure

NIFTY NOSH shall not be liable for any default on their obligations due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.

Governing Law

The Terms of Use, Privacy Policy and any matter relating to this Site shall be governed and construed in all respects in accordance with Northern Irish Law and shall be subject to the exclusive jurisdiction of the Northern Ireland Courts.