eatanearn Terms and Conditions (Customers)
(Last updated: 30/01/2019)



1. Introduction
1.1 These terms set out how we provide our services to you (our Customer) through our website https://www.eatanearn.co.uk (Site) along with our Privacy Policy https://www.eatanearn.co.uk/privacy.
1.2 Please read these terms carefully before you use our website or place an order or purchase products (Order) from participating takeaways or restaurants (Takeaway). These terms tell you who we are, how our services work, what to do if there is a problem and other important information.
1.3 By ordering takeaways or accessing any part of our Site you agree to be bound by these terms and conditions.
1.4 If you are a takeaway using our Site or an affiliate, these terms do not apply to you as we have a separate legal arrangement.
1.5 Please check the Site regularly as we may update these terms at any time. If you do not accept these terms, you must leave the Site immediately and you will not be able to place any further orders.
1.6 YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 1 (LIMITATION OF LIABILITY).

1. Information about us and how to contact us
1.1 We are Eat an Earn Limited a company registered in England and Wales. Our company registration number is 11768746 and our registered office is at 1-3, Hind St, Sunderland SR1 3QD
1.2 You can contact us by writing to us at our registered office address or emailing us at notices@eatanearn.co.uk.
1.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or on your Account.

1. Website access and terms
1.1 Our Site is made available free of charge.
1.2 We do not guarantee that our Site, or any content on it, including any individual function or feature, will always be available or be uninterrupted or error-free.
1.3 Our Site may be unavailable during periods when we are implementing upgrades or carrying out essential maintenance.
1.4 All access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
1.5 You are responsible for making all arrangements necessary for you to have access to our Site, including without limitation, your internet connection.
1.6 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
1.7 Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these terms).
1.8 Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate or available in other locations. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. If you choose to access our Site from outside the United Kingdom, you do so at your own risk.

1. Your Account and Password
1.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. We advise you not to disclose it to any third party. Where you do disclose (such as to a member of your family) you are solely responsible for their usage and access to our Site.
1.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
1.3 If you know or suspect that anyone is mis-using your user identification code or password, you must promptly notify us at notices@eatanearn.co.uk.

1. Acceptable Use
1.1 You may use our Site only for lawful purposes. You may not use our Site:
1.1.1 in any way that breaches any applicable local, national or international law or regulation;
1.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
1.1.3 to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
1.1.4 to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
1.1.5 for the purpose of harming or attempting to harm minors in any way;
1.1.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
1.1.7 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.2 You also agree:
1.2.1 not to reproduce, duplicate, copy or re-sell any part of our Site; and
1.2.2 not to access without authority, interfere with, damage or disrupt:
1.2.2.1 any part of our Site;
1.2.2.2 any equipment or network on which our Site is stored;
1.2.2.3 any software used in the provision of our Site; or
1.2.2.4 any equipment or network or software owned or used by any third party.
1.3 We may from time to time provide interactive services on our Site. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
1.4 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
1.5 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
1.6 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

1. Viruses
1.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
1.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
1.3 You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

1. Placing an Order
1.1 By placing an Order on our Site you warrant that you are 16 years or older and are capable of entering into a legally binding contract.
1.2 Once you have selected which Takeaway you wish to place an Order with and which products you would like to Order, you must review your selection before clicking the button to confirm the Order. Errors cannot be corrected after this point.
1.3 You may be asked to provide proof of age if you wish to purchase alcohol.
1.4 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.
1.5 On receipt of your Order, we will send it to the relevant Takeaway and will notify you by email that your Order has been received and is being processed. This notification is not confirmation that a Takeaway has accepted your Order. We encourage all our Takeaways to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if your Order is rejected.
1.6 If your payment is not authorised, your Order will not be processed or communicated to the relevant Takeaway.
1.7 Please check the Takeaway’s profile for estimated delivery times. All times are estimates only and Takeaways will use reasonable endeavours to contact you should an Order be delayed.

1. Payment
1.1 All prices for products are inclusive of VAT but may not include the cost of delivery, which will be added to the cost of your Order.
1.2 Payment must be made by credit or debit card through the Site, or payment by cash at the point of collection or delivery.
1.3 Please note that once payment has been authorised your bank will ‘ring fence’ the final amount of your Order. If a Takeaway rejects your Order, the funds will be released back to your account, however this may be subject to a delay. You accept and acknowledge that we (nor the relevant Takeaway) are responsible or liable to you for this delay.
1.4 Where you make a payment on a credit card it will be settled using a gateway provided by a third party. If you make an unjustified chargeback, then you will be liable to pay to us, within seven (7) days following written request:
1.4.1 an amount equal to the amount of the chargeback;
1.4.2 all third party expenses incurred by us in relation to the charge back (including charges made by our bank or your bank/credit card company);
1.4.3 a reasonable administration fee; and
1.4.4 all our reasonable costs, losses and expenses incurred in recovering the amounts subject to the charge back (including without limitation legal fees and debt collection fees).
1.5 We reserve the right to set off any amounts owed by us to you.

1. Referrals and Commission
1.1 You can earn Commission on Orders placed through the Site by:
1.1.1 you;
1.1.2 your referred friends and family;
1.1.3 customers referred to E2E by your referred friends and family; and
1.1.4 customers connected to you by up to four (4) levels of referral.
1.2 Commission can only be earned on Orders placed using the Site.
1.3 Commission can be:
1.3.1 used to place an Order; or
1.3.2 withdrawn once over £50 (which is subject to a 10% withdrawal fee)
1.4 Please note it is illegal for a promoter or a participant in a trading scheme to persuade anyone to make a payment by promising benefits from getting others to join a scheme.
1.5 Do not be misled by claims that high earnings are easily achieved.

1. Intellectual Property Rights
1.1 All intellectual property rights in or arising out of or in connection with the Site (other than intellectual property rights in any materials provided by a Takeaway) shall be owned by us.
1.2 You may not use any materials on our Site for commercial use without obtaining a licence from us first.

1. Data Protection
1.1 Both parties acknowledge that for the purposes of the Data Protection Legislation, you as our Customer are the Data Subject and we are the Data Controller in respect of any Personal Data.
1.2 We will handle your Personal Data in accordance with Data Protection Legislation and as set out in our Privacy Policy.
1.3 We will pass your Personal Data onto the takeaway you place an Order with for the purposes of processing, preparing and delivering (if applicable) any Order. The takeaway acts as a joint Data Controller in respect of your Personal Data and are under an obligation to deal with your Personal Data in accordance with the Data Protection Legislation.

1. Limitation of Liability
1.1 This clause 1 sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:
1.1.1 arising under or in connection with these terms;
1.1.2 in respect of any use made by you of the Site or any part of them; and
1.1.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these terms.
1.2 We provide the Site only, we are not responsible for any aspect of the Order, including but not limited to, delivery, preparation or quality. You should raise complaints and try to resolve any issues with the Takeaway directly. You acknowledge that we shall not be liable for any claims arising out of any purported action or lack of action by a Takeaway.
1.3 Expect as expressly and specifically provided in these terms:
1.3.1 you assume sole responsibility for the Order, which includes ensuring the information provided is correct (including allergen information). We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Site or any actions taken by us at your direction;
1.3.2 we accept no liability or responsibility for interruptions and/or detrimental performance of your computer systems and internet connections arising from usage of the Site or any damage and/or corruption that may occur to your data or information;
1.3.3 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by application law, excluded from these terms; and
1.3.4 the Site are provided to you on an “as is” basis.
1.4 Nothing in these terms excludes or liability for:
1.4.1 death or personal injury caused by our negligence; or
1.4.2 fraud or fraudulent misrepresentation; or
1.4.3 any other liability which it is not possible to exclude liability for under English law.
1.5 Subject to clause 1.1.3 and clause 1.3.4:
1.5.1 we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms; and
1.5.2 our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these terms shall be limited to twice the total amount of your Order.

1. Termination
Without affecting any other right or remedy available to it, we may terminate your right to use the Site with immediate effect by giving written notice to you if:
1.1 you used the site in breach of clause 1; or
1.2 you breach any other material terms of these terms of use.

2. Other important terms
2.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
2.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
2.3 Nobody else has any rights under this contract This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
2.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
2.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
2.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts, but English law still applies. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts, but English law still applies.