Terms & Conditions
POSTED IN Others 24.10.2011
SexyFoodie (a Trading Name of Storage And Shipping Ltd) Website Terms and Conditions
This page tells you the terms and conditions, hereinafter referred to as Website Terms on which we provide our services. Please read these Website Terms carefully before ordering any products from our Website. You should understand that by ordering products via the Website, you agree to be bound by these Website Terms.
Please check the box to accept the Website Terms before placing an order if you accept them. Please understand that if you refuse to accept these Website Terms, you will not be able to order any products from our Website.
1. Introduction
SexyFoodie is a trading name of Storage And Shipping Ltd. Storage And Shipping Ltd is a company registered in England and Wales with company number 7642592, whose registered office is at 4th Floor Haines House, 21 John Street, London WC1N 2BP.
SexyFoodie provides a way for you to communicate your orders to delivery restaurants. SexyFoodie’s purpose is to link up students living in university student halls of residence to restaurants nearby to provide affordable meal delivery at 7.00pm daily.
SexyFoodie will have a hall representative stationed at the entrance of each hall of residence at 7.00pm daily. You will have to place an order for your dinner meal pack on the Website before 4.00pm of the delivery day. You are responsible for collecting your dinner meal pack from the hall representative at the entrance of your hall at 7.00pm. The hall representative will wait for you until 7.15pm after which he/she will head back home and you are liable to pay for the meal(s) ordered even though you did not collect the meal(s).
SexyFoodie will strive to have daily food delivery in each university student halls that it services. However should SexyFoodie receive less than 10 orders to a specific hall in a specific day, SexyFoodie may cancel the delivery order by writing an email to you by 5.00pm of the intended delivery day. SexyFoodie will refund any meals that had been paid online within 30 working days and shall not be responsible for any other inconvenience caused to you due to the cancellation of the delivery.
Customer care is extremely important to SexyFoodie, therefore, in the event that you are dissatisfied with the quality of food ordered through this website, SexyFoodie will assist you, where possible, in seeking a refund from the restaurant to a maximum amount equivalent to the value of the original order. Please note that any complaint must be lodged by writing an email to order {at} sexyfoodie.co.uk within 48 hours of placing the order.
By accessing any part of this Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave this Website immediately.
2. How to Make an Order?
Once you have selected your order from the menu you will be given the opportunity to submit your order by clicking on the “Order Now” button. Please note it is important that you check the information that you enter and correct any errors before clicking on the “Order Now” button since once you click on this input errors cannot be corrected. If at any time prior to you clicking on the “Order Now” button, you decide that you do not wish to proceed with your order, you should close the application window. On receipt of your order, SexyFoodie will begin processing your order and we will send you notification by email that your order has been received and that your order is being processed.
3. Price and Payment
All food menu sold by SexyFoodie is charged at a flat rate of £5.00 including delivery costs and taxes where applicable.
In the event that you have a complaint about the quality of food or service provided by the restaurants on this Website then any compensation should be sought directly from the restaurant. SexyFoodie is not able to provide refunds on behalf of the restaurants and is not liable for any such refunds sought. All complaints must be lodged initially with the restaurant and, where appropriate, the restaurant’s own complaint procedures followed before SexyFoodie is able to respond to a complaint.
Payment for all orders must be by credit or debit card as stated on this Website or in cash at the point of delivery to you. A discount may apply to your order if you use a promotional code recognised by this Website and endorsed by SexyFoodie.
4. Disclaimers and Limitation of Liability
To the extent permitted by law, SexyFoodie provides this Website 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 Website, 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 SexyFoodie nor SexyFoodie 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 Website.
Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.
5. Service Access
SexyFoodie will not be liable if this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice. Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
6. Disclaimer
While SexyFoodie tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. SexyFoodie may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and SexyFoodie makes no commitment to update that material.
SexyFoodie provide you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide). You are responsible for the security of your password that you used to register with this Website. Unless SexyFoodie negligently discloses your password to a third party, SexyFoodie will not be liable for any unauthorised transaction entered into using your name and password.
Note: Whilst SexyFoodie goes to great effort to provide accurate information, item names, descriptions, prices, heat & allergenic warnings on this website, the menus are ultimately provided by the restaurants. If you are in doubt about allergy warnings or contents of a dish, it is best to confirm with the restaurant directly prior to ordering
7. Termination
SexyFoodie may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing by email if SexyFoodie believes that you have breached any part of the Website Terms.
8. Indemnity
You must indemnify and hold harmless SexyFoodie, its directors, officers, shareholders, employees, agents, vendors, advertisers, partners and suppliers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your Access to and use of this Website, any breach or violation of the Terms & Conditions of this Website or your violation of any law or your violation of the rights of any third party.
SexyFoodie takes full responsibility for the content of this Website and for the communication of orders to the Delivery Restaurants as set out in these Website Terms. SexyFoodie’s team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavours to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the Delivery Restaurants that you place your order with. SexyFoodie cannot give any undertaking that the food and beverages ordered from the Delivery Restaurants through this Website will be of satisfactory quality and any such warranties are disclaimed by SexyFoodie. These disclaimers do not affect your statutory rights against the Delivery Restaurants.
Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from SexyFoodie’s negligence, nor SexyFoodie ‘s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
SexyFoodie’s total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or £50, whichever is the lower.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
9. Your Status
By placing an order through our Website, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
10. Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
11. Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent.
12. Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.
13. Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
14. Limitations and Exclusions of Liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
15. Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
16. Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
17. Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
18. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
19. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
21. Entire agreement
These terms and conditions, together with our privacy policy (which can be read here), constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
22. Governing Law
The Terms & Conditions, Privacy Policy and any matter relating to this Website shall be governed by English law and any dispute shall be resolved exclusively in the courts of England.
23. Our details
The full name of our company is Storage And Shipping Ltd. SexyFoodie is a trading name of Storage And Shipping Ltd. We are registered in England & Wales under registration number 7642592. Our registered address is 4th Floor Haines House, 21 John Street, London WC1N 2BP. You can contact us by email at info {at} sexyfoodie.co.uk
