Terms And Conditions

The definitions and rules of interpretation in this condition apply in these conditions.

Contract: the contract between You and Us set out in these terms.

Customer: a member of the public who orders Products from You via Our online services or call centre and which are to be prepared and delivered to the Customer by You pursuant to the Contract and the Order

Order: The order for You to prepare, deliver and sell Products to Customers delivered to You in electronic form from time to time via our installed controlling technology known as TORS or through the EatitNow call centre.

Products: any food drinks or other things or services agreed in the Order to be bought from You for delivery to the Customer

We/Us Eat It Now Group Limited You the owner of the outlet whose details are set out overleaf Condition headings do not affect the interpretation of these conditions.

2.1 These conditions are save as varied overleaf the only conditions upon which we are prepared to deal with you and they shall govern the contract between us to the entire exclusion of all other terms or conditions.

2.2 You will supply Products in accordance with Orders which are processed through Our Website and delivered to you by telephone to you from our call centre and you will deliver Products to Customers as requested by the Customer.

3.1 The Products shall be of the best quality and comply with all applicable laws.

3.2 In consideration of Our entering into this Contract You shall indemnify Us from any liability costs claims or demands suffered by Us to any Customer consumer or credit card company which provides facilities to pay for the Products arising directly or indirectly from any breach of contract or tort on your part in the supply of the Products. This indemnity shall survive the termination of this agreement and shall remain in full force and effect until any claims pursuant to this clause have been finally disposed of.

3.3 You will prepare and deliver Products and otherwise manage your business in accordance with all applicable consumer protection and health and safety laws in force from time to time.

You undertake to us that you shall:

(a) obtain and maintain all approvals, consents, licences and authorisations necessary in connection with your business;

(b) maintain public liability indemnity insurance

(c) at no time hold Yourself out as being Our agent.

5.1 You will use your best endeavours to ensure that delivery times quoted to Customers are met.

5.2 You will treat Customers with due courtesy and respect.

6.1 The price of the Products shall be as defined within your published price list or menu.

7.1 We shall pay you by BACS for Products sold by you and supplied to the Customers less a deduction of 10% of the gross sale value being our service fee and less any bank charges.

7.2 We shall endeavour to have payment made on a fortnightly basis for Orders satisfied in the preceding Week less the cost of any refunds agreed due to Customers and other sums due from You to Us under these terms

7.3 All sums chargeable by Us to You are exclusive of VAT where applicable save where otherwise expressly stated.

8.1 You shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to You by Us or Our agents and any other confidential information concerning Our business which You may obtain and You shall restrict disclosure of such confidential material to such of Your employees, agents or sub-contractors as need to know the same for the purpose of discharging Your obligations to Us and shall ensure that such employees, agents or sub-contractors are subject to like obligations of confidentiality as bind You.

8.2 You acknowledge that all rights in the Website are reserved to us and our licensors other than any trade mark belonging to you and used on the Website with Your royalty free license until the expiry of any notice of termination under these terms

9.1 We shall have the right at any time and for any reason to terminate this agreement. If you decide at the end of the Trial Period that You do not wish to continue to work with Us you may end this contract without further obligation. No refund of set up fee or Deposit will be due. Each side will have no further obligation to the other save in respect of any prior claims or breaches of these terms.

9.2 You may terminate this agreement on not less than one month’s notice after the expiry of the Minimum Period. Eat It Now reserves the right to withhold funds should you terminate the agreement with monies outstanding.

10.1 You may not assign or sub contract the Contract or any part of it without our written consent.

10.2 We may assign the Contract or any part of it to any person, firm or company.

11.1 Each right or remedy of Us under the Contract is without prejudice to any other right or remedy of Us whether under the Contract or not.

11.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

11.3 Failure or delay by Us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

11.4 Any waiver by Us of any breach of, or any default under, any provision of the Contract by You shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

11.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

11.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.

Eat It Now Group Limited
1 Mount Pleasant
Douglas
Isle of Man
IM1 2PU

VAT: 003 279014

Company Number: 003515V