EAT and GIVE is a trading name of Eat and Give Limited. This Website and Mobile App is owned and operated by Eat and Give Limited ('we'/'us'/'our'), a limited company (trading as EAT and GIVE), registered in Scotland under company number: 556493 having our registered office at Bright Red Triangle, Room D74, 10 Colinton Road, Edinburgh, Midlothian, EH10 5DT.
EAT and GIVE its website www.eatandgive.co.uk and any affiliated websites and applications are a means by which we (EAT and GIVE) connect you the Customer to our Restaurant Partners for the sole purpose of placing orders for takeaway food and drink to be delivered by the Restaurant or collected from the Restaurant place of operation. We may also allow you to book a table with a partnering Restaurant where this service is available.
Definition of Terms
The term Customer(‘you’/’your’) is the end user accessing our services through our websites and applications.
The term Partner Restaurant is the selected restaurant or takeaway who have their menu listed on our websites and applications.
The term Meals is the food or drink listed on the menus of our Partner Restaurants which we make available for the purpose of information to ‘you’ the Customer to place an order for delivery or collection.
Terms and Conditions of Accessing our Websites and Applications
1. Accessing Our Services
2. Acceptable Use of Our Services
You are permitted to access our websites and applications for the purpose of utilising the services stated in the section “Our Services”. You may not use our services to carry out any unlawful activity or breach any local, national or international law. You also agree not to reverse engineer, hack, disrupt, interfere or damage any equipment used to provide our services. You may not access any part of our websites or applications without authorisation. Any content you upload, download, send, re-use whether knowingly or unknowingly must comply with our content contribution guidelines in clause 3.
3. Content Contributions
When contributing content you must make sure that any content contributed is not in breach of any applicable local, national or international law. You are responsible for any content contributed using your user account credential. By contributing content on our websites or applications you give us intellectual property right to the content, and the right to use and reuse the content as we see fit. Any content you contribute must be genuine and accurate and must not advocate or contain:
Defamatory, obscene, offensive, hateful or inflammatory material towards a person
Discrimination against a person based on religion, nationality, sex, sexual orientation, disability, age or race
Sexually explicit material
Threats or threatening behavior, fear, needless anxiety, alarm, annoyance, embarrassment of any other person .
Impersonation of another person or entity or false misrepresentation of yourself or your identity or affiliation with another person or entity, or giving impression to emanate from EAT and GIVE or any of our employees or contractors.
4. Service Obligations
5. Content Obligations
We aim to make sure the content on our websites and applications,for example menus, prices are up to date and correct. However from time to time our Partner Restaurant may have inundated information on their menu or incorrect pricing. If you come across any such content please contact us.
6. Intellectual Property Rights
We own the intellectual property rights on our websites and applications and the content within it (Except for your contributions). You may not reproduce, publish, copy, transmit, broadcast, scrape with a tool, download or make available to the general public any content on our websites and applications. Except in the case where its for personal and non-commercial use.
7. Our Liabilities
We aim to make sure the content on our websites and applications, (for example menus, prices) are up to date and correct. However from time to time our Partner Restaurant (for example) may have inundated information on their menu items or incorrect pricing. We accept no responsibility for any such errors or omissions. If you come across any such content please contact us. To the extent permitted by law we exclude all liability arising whether from negligence, contract, or otherwise to you or any third party for loss or damages incurred in connection to, or use of our websites and applications and any materials or comments posted on our websites and applications or links to external websites. We cannot exclude or limit our responsibility to you for death or injury due to negligence, or fraud or fraudulent misrepresentation or any other which we cannot exclude or limit under applicable law.
8. Change of Our Terms
We reserve the right to change or amend our Terms and Conditions anytime and it is your responsibility to check here at regular intervals for changes as these Terms and Conditions are legally binding.
Terms and Conditions of Using Our Services
This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will sell the Meals to you. You may print a copy for future reference.
Business Day: a day other than a Saturday, Sunday or public holiday when banks in Edinburgh are open for business.
'Event Outside Our Control' has the meaning given in clause 15.
'Meals' means the Meals listed on our website ('the Website') which we may supply.
Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 11 and limitation of our liability and your indemnity at clause 13.
By ordering any of the Meals, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
This Website is owned and operated by Eat and Give Limited ('we'/'us'/'our'), a limited company (trading as Eat In 60), registered in Scotland under company number: 556493 having our registered office at Bright Red Triangle, Room D74, 10 Colinton Road, Edinburgh, Midlothian, EH10 5DT.
This Website is intended only for use by customers resident in England, Wales, Scotland and Northern Ireland (The United Kingdom). We do not accept orders for Meals from individuals located outside the United Kingdom.
Eligibility to purchase from the Website
To be eligible to purchase the Meals and lawfully enter into and form a contract with us, you must be 18 years of age or over.
The prices of the Meals are quoted on the order page.
Prices and any other charges quoted on the order page are based on delivery of the Meals in the United Kingdom unless otherwise specified.
Prices quoted do not include the costs of delivery of the Meals. The costs of delivery of the Meals will be shown separately on the order page and added to the amount payable by you.
Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).
Payment can be made by any major prepay, credit or debit card or by using a PayPal account.
By placing an order, you consent to payment being charged to your prepay/debit/credit card account or PayPal account as provided on the order form.
If you pay us by credit or debit card or PayPal account we will take payment from your card or PayPal account for the Meals when we dispatch the Meals to you.
We shall contact you should any problems occur with the authorisation of your card or payment through your PayPal account.
for the period of dispute in respect of an invoice that you dispute in good faith, provided you have advised us within a reasonable time of receiving it that you dispute it and your basis for disputing it.
Unless clause 7.2 applies, you must pay us interest on any amounts you owe us and fail to pay us on the due date at the rate of 3% a year above the base lending rate of 5 from time to time, accruing daily from the due date until the date of payment, whether before or after judgment.
We will not charge you interest
Order process and formation of a contract
minor adjustments to the Meals to improve them or to comply with relevant laws and regulatory requirements,
changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
changes to these Conditions as a result of changes in how we accept payment from you,
changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
Our Website, mobile app and brochure merely illustrate our Meals and the packaging of the Meals. Your computer may not accurately display the colours of the Meals or ingredients used. Although we aim to accurately depict the Meals, ingredients and their packaging, there may be differences between the packaging and the colours of the Meals delivered to you and those shown on our Website or mobile app and in our catalogue and brochure.
All orders are subject to acceptance and availability by our Partner Restaurants. If our Partner Restaurants are unable to supply you with the Meals in your order due to matters such as unavailability of stock, ingredients, materials, key staff or an Event Outside our Control or because we have identified a mistake in the description of the Meals or the price stated by our Partner Restaurant, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
If the Meals are temporarily unavailable, our Partner Restaurant will notify you by email, text or a phonecall of the date and time they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.
Any order placed by you for the Meals constitutes an offer to purchase them through us.
You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Meals.
Once our Partner Restaurant receives your order you will get a 'Confirmation Notice' by email, or text message which we send to you to confirm that our Partner Restaurant has accepted and is able to fulfill your order. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
A contract between you and us for the supply of the Meals (the 'Contract') incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact our Partner Restaurant. If you request a change, our Partner Restaurant will tell you if that is possible and about any changes to the price, delivery or performance dates and time, or any other changes that they will need to make as a result of your request. our Partner Restaurant will ask you if you wish to go ahead with the change. But understand that once an order has been placed and the order Confirmation Notice is sent out. It is within the discretion and rights of the Partner Restaurant to accept or decline any adjustments.
We may make
If we make any changes in accordance with clause 8.9 we will give notice of the changes by email, text message or telephone before we supply the Meals. You can choose to cancel the contract if the change would be significantly to your disadvantage.
Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 8.9 shall only be binding when agreed in writing and signed by you and us.
You must collect the Meals during working hours of our Partner Restaurant. It is the Customer responsibilities to find out the working hours of our Partner Restaurant. It is the Customer responsibility to collect the Meals from our Partner Restaurant place of operation on the date and time the Customer is notified that the Meals are ready for collection.
delivery shall occur at our Partner Restaurant premises when we hand the Meals to you.
you have arranged to collect the Meals but do not do so within the date and time you are notified that they are ready for collection, or
our Partner Restaurant have agreed to deliver the Meals, you have not been available to take delivery on the date and time agreed for delivery, and our Partner Restaurant have not been able to re-arrange delivery on the same day of the original delivery date.
The Meals will be delivered to you at the address you provided by our Partner Restaurant selected during the order process. The delivery address may be an address other than the billing address.
Any dates and time quoted for delivery of the Meals are approximate only. If no date and time is specified then it will take place as soon as reasonably possible, but in any event within 120 minutes of the date and time of the Confirmation Notice if the order was not placed on EAT and GIVE as a pre-order or unless there is an Event Outside our Control, in which case clause 15 shall apply.
If you have agreed to collect the Meals from the premises of our Partner Restaurant,
Unless clause 9.5 applies, if our Partner Restaurant have agreed to deliver the Meals to a delivery address which you have given us, delivery shall occur when we place the Meals in the physical possession of you or anyone you have identified to us as the person authorised by you to take delivery of the Meals.
If you have asked us to use an independent carrier other than our normal carrier to deliver the Meals to you, delivery shall occur when we hand the Meals over to that carrier.
You must examine the Meals in your order within a reasonable time after arrival and inform our Partner Restaurant as soon as reasonably possible if the order is incomplete, missing an item, damaged or not as described.
If no one is present at your delivery address to take delivery, our Partner Restaurant will advise you of their attempted delivery. You must then contact our Partner Restaurant to make arrangements for the delivery or collection of the Meals.
We Our Partner Restaurant may charge you for any extra delivery or adjustment costs to meet your required order if
Risk and title
All Meals delivered by our Partner Restaurants are sold to be consumed immediately on delivery or collection and not for storage or consumption at a later time or date therefore all Meals will be at your risk from the time of delivery.
Ownership of the Meals will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery.
Cancelling your Contract and returns
You may cancel your order for the Meals by notifying our Partner Restaurant of your decision to cancel and then notify us if your cancellation request is granted. Please note it is within the rights and discretion of our Partner Restaurant to accept or decline your cancellation request if the order has been accepted and the process of preparations for the Meals have started.
Confirmation of Cancellations
Upon receiving notice of your cancellation request, we will contact you with further instructions.
Cancelling before Confirmation Notice
Refunds on cancellation
If our Partner Restaurant accepts your cancellation request we will refund you the balance of the price and any standard delivery costs you paid to us after deducting any transaction or bank charges incurred.
We will refund you the sum using the same method of payment used by you, unless you agree to a refund by a different method of payment.
Liability and indemnity
Death or personal injury resulting from our negligence or the negligence of our employees
Fraud or fraudulent misrepresentation
we have asked you to provide specified information that is necessary for delivering the Meals and
you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
To the extent provided by law, the services we provide to you are on “as available” and “as-is” basis. We express or imply no representation or warranty of any kind regarding the availability of our services or the content found within it. Or that our service will be error free, or even that corrections will be made in a timely manner. Therefore from your use or inability to use our services neither Eat In 60 or any of our Partner Restaurants shall be liable to you for any losses or damages incurred whether direct or indirectly consequential. In any case where EAT and GIVE or any of our Partner Restaurant is found to be liable to you the total claim and aggregate value of the claim shall not exceed the total value of the purchase price of the ordered meal.
We cannot exclude or limit our responsibility to you for:
You are purchasing the Meals as a consumer. If you purchase the Meals for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
We will not be responsible for any delay in delivering the Meals if
We will not accept liability for any damage caused by a network failure, computer failure, hacking, network errors arising through your ISP (Internet Service Provider), pre-existing defects in any fittings, walls, pipes, wiring, gas installations in your premises or to any Meals to which we connect or attach or deliver the Meals unless we have been negligent in not realising that such damage may occur or in the way we did the work.
Our rights of termination
We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.
Events outside our control
Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control ('Event Outside Our Control').
We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside our Control.
We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Meals which we have been unable to deliver to you.
Use of personal data
You authorise us to process and transmit your name, address and other personal information supplied by you (including updated information) to
obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity
supply the Meals and Services to you
carry out checks to ensure you have adequate funds and fulfil security and fraud prevention requirements
transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer or PayPal
validate your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
inform you of similar Meals we provide, but you may contact us at any time to request that we stop informing you of these.
Other important terms
We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
All Contracts are concluded in English only.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
These Conditions and the Contract are governed by the laws of Scotland. However, if you live outside Scotland but within the EU, you are always entitled to any compulsory consumer protections applicable in the country where you live.
You can bring legal proceedings in respect of the Meals in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the Meals in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Meals in either the courts of Northern Ireland or Scotland. If you live in another country in the EU, you can bring legal proceedings in respect of the Meals in either the courts of your home country or Scotland.
Cancellation and Refund Request Form