Instalacarte - Privacy Policy

Last Updated 25 January 2021

Introduction

At Instalacarte we are committed to the highest possible standards, and that begins with protecting the privacy of everyone in our community. This means that we’ll protect the personal information of all visitors and customers who access our websites or services through any mobile application, platform or device (collectively, the “Services”).This Privacy Policy (“Privacy Policy”) explains how Instalacarte collect, share, and use your personal information. You’ll also find information about how you can exercise your privacy rights. By using our Services you agree to Instalacarte using your personal information as described in this Privacy Policy. The terms “we”, “us” or “our” are each intended as reference to Instalacarte.com and any terms not defined in this Privacy Policy are defined in our Terms.

1. Information we collect from you and why

From time to time, we may receive personal information from third party sources, including advertising networks and social media platforms like Facebook but only where we have checked that these third parties either have your consent to process the information or are otherwise legally permitted or required to share your personal information with us. A. Information that you provide voluntarily: Registration information when you create a Instalacarte account so we can: - create your account so you can place Orders under our Terms - identify you when you sign-in to your account; - contact you for your views on our Services; and - notify you of changes or updates to our Services. Transaction Information when you place an Order with a Restaurant in order to: - process your Order and to bill you (though note, Instalacarte never stores your credit card information in our systems); - communicate your Order to the Restaurant; - send you status updates on your Order; - reply to your Order queries and questions and to resolve problems; - carry out analysis and research to develop and improve our Services; and - protect you and the Services by seeking to detect and prevent fraud or other acts in breach of our Terms or policies relevant to the Services. Information regarding your marketing preferences so we can: - send you customised marketing about our products or services. Feedback on your views of our Services in order to: - reply to your questions or queries; - publish reviews you submit to us about our Restaurants and services; and - conduct analysis and research to improve and develop our Services. B. Information that we collect automatically Activity Information so we can: - provide you with an improved experience; - give you access to your Order history and preferences; and - provide other services at your request. Cookies and similar technologies so we can: - measure and analyse the use and effectiveness of our Services; - customise and optimise the targeting of advertising for our Services across other websites and platforms; and - provide location services if you choose to share your geo-location. C. Information that we obtain from third-party sources Analytics reports and market research surveys in order to: - measure the performance of marketing campaigns for our Services; and - better understand your preferences so that we can customise our marketing campaigns and Services accordingly. We process information that you provide voluntarily, information that we collect automatically and information that we obtain from third party sources in order to constantly improve our Services. Using this, we can make it even easier for you to find the food you want when you want it, no matter what device you choose to use or where you are in the world.

2. Who we share personal information with

We may share your personal information with the following recipients (and whenever we do, we will ensure that we have appropriate security and contractual safeguards in place to protect it): Restaurants that you have placed an Order with for processing and delivery; Instalacarte companies within our group; Your employer if you use a Takeaway Pay allowance with an Order; Third parties who undertake various activities to promote, market or support our Services. This includes social media platforms like Facebook, offshore customer support agents, website and application support and hosting providers, marketing service providers, eCRM partners like Salesforce who manage our marketing emails and push notifications, companies like Twilio who send you text messages when your Order is on its way, delivery companies who deliver your Order to you, market research companies and payment processing providers which process payment card transactions - any of these third parties might be inside or outside your country of residence; Any law enforcement or regulatory body, government agency, court or other third party where we believe disclosure is necessary under applicable law or regulations; New owners or re-organised entities in the event of a business restructuring, sale, purchase or joint venture affecting our business. Any other person provided that you have given your consent. We will never sell, distribute or otherwise share your personal information unless we have your permission.

3. Legal basis for processing personal information

Instalacarte will always make sure we have a legal basis to collect and use your personal information. The legal basis we rely on will change depending on the type of information and the context in which we collect it. Our main reason for collecting and using your personal information is to perform our contract with you (i.e. to make sure you get your Order when and where you want it), but we may also process it where it is in our legitimate business interests to do so.

4. International data transfers

We may transfer your personal information to countries outside the one in which you are resident to other countries where Instalacarte or our service providers have operations. The data protection laws of these countries may differ from the laws of your country but Instalacarte takes care to implement appropriate safeguards to protect your personal information in those countries in accordance with this Privacy Policy.

5. Security

Instalacarte places great importance on protecting your information from and against unauthorised access and against unlawful processing, accidental loss, destruction and damage. We implement appropriate technical and organisational measures to safeguard such information.

6. Data retention

Instalacarte will retain your personal information for no longer than is necessary to fulfil the purposes described in this Privacy Policy. We may also retain certain elements of your personal information for a period after you delete or deactivate your account for our legitimate operations such as record keeping and to comply with our legal obligations. Whenever we retain your information we will do so in compliance with applicable laws.

7. Your data protection rights

You can access your account at any time to review and update your personal information. You can also contact us to ask us to delete your personal information, restrict its processing or request that it be ported to a third party. You also have the right to unsubscribe from the marketing communications we send you by using the unsubscribe functionality in any marketing communication you receive from us or by amending your profile accordingly.

8. Links to third-party sites

Our websites may, from time to time, contain links to and from third-party websites (for example, those of our partner networks, advertisers and affiliates). If you follow these links, please be aware that Instalacarte is not responsible or liable for these third-party websites which will have their own privacy policies.

9. Updates to this Privacy Policy

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. We encourage you to periodically review this page for the latest information on our privacy practices.

10. How to contact us

If you have any questions or concerns about this Privacy Policy and Instalacarte's privacy practices, please contact us by email: instalacarte@gmail.com

Instalacarte - Terms and Conditions

Last Updated 25 January 2021

IMPORTANT LEGAL NOTICE

This page (together with our Cookies Policy) sets out the terms and conditions ("Website Terms") on which we, Instalacarte.com ("we", "our" or "Instalacarte"), provide access to our website https://www.instalacarte.com and any Instalacarte mobile application through which you order products (together, "the Website"). Please read these Website Terms carefully before ordering any products through the Website. By ordering products through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms. 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. Use of your personal information submitted via the Website is governed by our Privacy Notice and Cookies Policy. For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website https://instalacarte.com and any Instalacarte mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time). By accessing any part of the Website, you indicate that you accept these 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.

TERMS AND CONDITIONS OF USE AND SALE

1. INTRODUCTION AND OUR ROLE

1.1. Company details: Instalacarte is a trademark which belongs to Bauwer Group Limited, a company registered in England and Wales with registered company number 10165069, whose registered office is at 99 Stanley Road, Bootle, England, L20 7DA.

1.2. VAT number: Our VAT number is GB266517386.

1.3. Product Orders: We provide a way for you to communicate your orders (“Order” or "Orders") for products (“Product” or "Products") to delivery or takeaway restaurants in the UK (“Restaurant” or "Restaurants") displayed on the Website. The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with and we will conclude the sale of Products on behalf of, and as commercial agent for, the Restaurants in all cases.

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 us. Most areas of the Website are open to everyone.

2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these 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 may revise these Website Terms at any time. You should check the 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 place an Order through us.

2.4. Responsibility: 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.

3. YOUR STATUS

3.1. Capacity and age: By placing an Order through the Website, you warrant that:

3.1.1. You are legally capable of entering into binding contracts with Restaurant; and

3.1.2. You are at least 18 years old.

3.2. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Restaurant directly to check that the food is suitable for you, before placing your order directly with them.

3.3. Alcohol, cigarettes and other smoking products:

3.3.1. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol in the UK, or for any person to buy, or attempt to buy, alcohol, tobacco or other smoking products in the UK on behalf of any person who is under the age of 18;

3.3.2. If your Order includes any alcohol, cigarettes or other smoking products, you will be asked to provide proof of your age on collection or delivery of your Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of your chosen Restaurant, or if the Restaurant reasonably believes that the alcohol, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone under the age of 18, the Restaurant reserves the right not to complete the delivery of the alcohol, cigarettes or other smoking products to you.

4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

4.1. Compiling your Order: Once you have selected the Products you wish to order from the menu of your chosen Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Restaurant and errors cannot be corrected (subject to paragraph 4.2. below). Where you have not logged in or created an account previously, then you may have the option to continue with your Order as a guest. By electing to complete your Order as a guest, you are agreeing that Instalacarte will create a temporary Instalacarte guest account for you which will, unless otherwise stated in these Website Terms, be accessible only (a) from the device which you use to place the Order; and (b) for a period of up to twelve months following the date of the Order. Your access to your temporary guest account will expire on the “Expiry Date” which shall be the earlier of (i) the date falling six months after the date on which you last accessed the temporary guest account; (ii) the date falling twelve months after the date on which the temporary guest account was created; and (iii) the date on which you logout of your temporary guest account, or clear the cache on the device which you used when the temporary guest account was created.

4.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.

4.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Restaurant.

4.4. Processing your Order and Restaurant rejections: On receipt of your Order, we will send it to the relevant Restaurant and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with a Restaurant but does not necessarily mean that your Order will be fulfilled by the Restaurant. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, Restaurants have the ability to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Restaurants will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 5.6 below.

4.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.

4.6. Commercial agency: For the avoidance of doubt, any orders processed by Instalacarte through the Website are processed by Instalacarte in its capacity as commercial agent of the relevant Restaurant.

5. PRICE AND PAYMENT

5.1. VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charge imposed by the Restaurant. These will be added to the total amount due where applicable.

5.2. Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, neither we nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.

5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Restaurant at the point of delivery to, or collection by, you.

5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by Instalacarte, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account. Where you use the Website as a guest, any account credit which you accrue against your temporary guest account can only be redeemed for an Order placed via your temporary guest account and cannot be transferred for use on another account.

5.6. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Restaurant (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

6. CUSTOMER CARE

6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by clicking or selecting the "Need help?", "Help" or similar button or by calling the telephone number shown on the Website.

6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Restaurant in order to follow up on your query.

6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Care team as described above and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.

6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Restaurant, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process.

6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant directly to lodge your complaint and, where appropriate, follow the Restaurant's own complaint procedures. If you are unable to contact the Restaurant, or the Restaurant refuses to deal with your complaint, you can contact our Customer Care Team as described above within 72 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Restaurant in order to request compensation on your behalf. Please note, however, that the legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over Restaurants and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.

7. LICENCE

7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:

7.1.1. You must not misuse the Website (including by hacking or \"scraping\").

7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our 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 the Website other than in accordance with paragraph 7.1 is prohibited.

7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.

7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.

7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the 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.

7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

8. WEBSITE ACCESS

8.1. Website availability: While we try to ensure the Website is normally available twenty four (24) 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.

8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

8.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

9. VISITOR MATERIAL AND REVIEWS

9.1. General:

9.1.1. Other than personally identifiable information, which is covered under our Privacy Notice, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) Visitor Material will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

9.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.

9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:

9.2.1. breaches any applicable local, national or international law;

9.2.2. is unlawful or fraudulent;

9.2.3. amounts to unauthorised advertising; or

9.2.4. contains viruses or any other harmful programs.

9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:

9.3.1. contain any defamatory, obscene or offensive material;

9.3.2. promote violence or discrimination;

9.3.3. infringe the intellectual property rights of another person;

9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);

9.3.5. promote illegal activity or invade another\'s privacy;

9.3.6. give the impression that they originate from us; or

9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.

9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

9.6. Images: Any images of food displayed on the Website are provided as a design feature of the Website only and may not be either (a) an image of food prepared or produced by the Restaurant from which you choose to order; or (b) representative of the food you receive from a Restaurant.

9.7. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Restaurant or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.

9.8. 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 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

10. LINKS TO AND FROM OTHER WEBSITES

10.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

10.2. Linking permission: You may link to the Website's homepage (www.just-eat.co.uk), provided that:

10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;

10.2.2. you do 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 us where none exists;

10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));

10.2.4. we have the right to withdraw linking permission at any time and for any reason.

11. DISCLAIMERS

11.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

11.2. Allergy, dietary and other menu information: When a Restaurant signs up with us, they have to provide us with up-to-date menu information. We then include this on their dedicated page on the Website. Where this information includes allergy or other dietary information, we will do our best to republish this information on the website or app exactly as it appears on the restaurant's menu. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Restaurant directly before placing your order. Please do not use the "leave a note for the Restaurant" box for your food allergies or intolerances, please contact the Restaurant directly.

11.3. Restaurant actions and omissions: The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

11.3.1. We do not give any undertaking that the Products ordered from any Restaurant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

11.3.2. Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.

11.3.3. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, we do not guarantee that Restaurants will accept and fulfil all Orders, and Restaurants have the discretion to reject Orders at any time because they are too busy, if you fail to provide proof of age for purchases of alcohol, cigarettes or other smoking products when required, due to weather conditions or for any other reason. Restaurants will not be obliged to deliver an Order to an address outside of their set delivery radius, which may change from time to time.

11.3.4. The foregoing disclaimers do not affect your statutory rights against any Restaurant.

11.4. Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).

12. LIABILITY

12.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:

12.2.1. any loss of profits, sales, business, or revenue;

12.2.2. loss or corruption of data, information or software;

12.2.3. loss of business opportunity;

12.2.4. loss of anticipated savings;

12.2.5. loss of goodwill; or

12.2.6. any indirect or consequential loss.

12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.

12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

13. TERMINATION

13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

13.1.1. you have used the Website in breach of paragraph 7.1 (License);

13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);

13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or

13.1.4. you have breached any other material terms of these Website Terms.

13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

14. WRITTEN COMMUNICATIONS

14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via 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 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. 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 these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").

15.2. 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:

15.2.1. strikes, lock-outs or other industrial action;

15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;

15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

15.2.5. impossibility of the use of public or private telecommunications networks; and

15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

15.3. Our performance under these Website Terms is deemed to be suspended for the period that any 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 bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

16. ADDITIONAL TERMS

16.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our Privacy Notice.

16.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and your use of it, our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the Website, and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Website Terms by this reference.

16.3. Severability: If any of these Website Terms 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.

16.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

16.5. No waiver: 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.

16.6. Assignment: 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 of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

16.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

17. GOVERNING LAW AND JURISDICTION

17.1. These Website Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Website Terms in the English courts. If you live in a part of the United Kingdom other than England or any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the English courts or the courts of your home country.

17.2 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.

Instalacarte - Cookies Policy

Last Updated 25 January 2021

We use cookies to improve the quality of our site and service, and to try and make your browsing experience meaningful. When you enter our site our web server sends a cookie to your computer which allows us to recognise your computer but not specifically who is using it. By associating the identification numbers in the cookies with other customer information when for example you log-in to the site, then we know that the cookie information relates to you. By proceeding beyond this page you consent to our cookie settings and agree that you understand this Cookies Policy which explains how you can manage your cookie choices and preferences.

What are cookies?

Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the site. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are only used where you ask us to remember your login details for when you next return to the site and will last for a longer duration.

Why do we use cookies?

The cookies used on instalacarte.com are explained below and based on the International Chamber of Commerce guide for cookie categories.

1. Strictly necessary cookies

Strictly necessary cookies allow you to use essential features of our site such as enabling you to order takeaway more easily. The essential features of our site require strictly necessary cookies so that we can remember your postcode and what is in your shopping basket whilst you continue to order products from our site and/or navigate to different pages of the site during your browsing session. We are also able to identify you as being logged in to instalcarte.com and to ensure that you are able to access the appropriate features on our site.

2. Performance cookies

Performance cookies collect information about how you use our site, so that we can improve the quality of our site and service. Our performance cookies do not collect any information that could potentially identify you. All information collected is anonymous and is used by us to: provide statistics on how our site is used; monitor which website our users arrived from; and help us improve the site by measuring usage information and any errors which occur during our users browsing experience.

3. Functionality cookies

Functionality cookies provide you with improved site functionality by allowing access to additional services or to enhance your future visits to our site. Functionality cookies used on our site provide you with improved site functionality whilst you are browsing for example, giving you access to our online help service with our live chat team if you require help and assistance with your takeaway order. These cookies may share information with partners to provide services on our site. The information shared is only to be used to provide the service, product or function and not for any other purpose.

4. Targeting & Sharing cookies

Targeting & sharing cookies offer you a customised browsing experience by providing you with interest based services both on this site and on some other websites too. Cookies which customise your browsing experience on our site only collect information by reference to the IP address that you are using. Some of these customised browsing experiences may be linked to services provided by third parties which provide these services for recognising that you have visited our site. This information is used to inform you of products and/or services which may be of interest to you or for services provided by our third party partners. These cookies may also link to social networks such as Facebook or Twitter provide advertising agencies with information on your visit so that they can present you with adverts which may be of interest to you.

Managing your cookie preferences Some of the cookies used by our site are served by us, and some are served by third parties who are delivering services on our behalf. Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note however, that by blocking or deleting cookies used on our site you may not be able to take full advantage of our site if you do so. Our privacy policy can provide you with further details about how we use any personal information you give us, although not all information captured by using cookies will identify you. We are continually striving to develop improved ways of managing your cookie preferences. As new technologies and solutions emerge, this cookies policy may be updated to reflect any such advances in technology and preference management tools.

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