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  1. Information about us and these terms
  2. Food & Drink is an app provided by Gather & Gather (referred to in these
    terms and conditions (“Terms”) as “Gather & Gather”, “we”, “us” or
    “our”). We are a registered company with our registered office address at
    550 Second Floor, Thames Valley Park, Reading RG6 1PT.
  3. Please read these Terms carefully. By accessing and using this app and by
    purchasing goods through the app, you agree to be bound by these
  4. The Terms are split into two parts, as follows:
  5. Part 1: General terms. This part covers our licence to you of the app
    and your and our general obligations whenever you use the app.
  6. Part 2: Terms of purchase. This part covers terms that are specific
    to the purchase of products using the app.
  7. We may change or update these Terms at any time and we will notify
    users by posting such changed or updated Terms on this page. Any
    changes or updates will be effective immediately on posting. Your
    continued use of the app constitutes your acceptance of Terms as
    modified. We may also notify you of any material changes by push
    notifications within the app or by email, to the email address provided to
    us at registration. If you do not accept the changes you will not be
    permitted to continue to use the app.
  8. Except where otherwise provided in these Terms, these Terms constitute
    the entire agreement between you and us, and supersede and extinguish
    all previous agreements, promises, assurances, warranties,
    representations and undertakings between them, whether written or oral,
    relating to their subject matter.
  9. The app is only intended for use in the UK. You will not be able to use the
    app or purchase products from outside the UK.
  10. If you have any questions about these Terms or if you require them in a
    different format, please contact us at [email protected]
  11. Your privacy
  12. Personal data collected through the app is processed in accordance
    with our privacy notice[EE1] .
    Part 1: General terms
  13. App store terms
  14. The ways in which you can use the app may also be controlled by
    the applicable app store’s rules and policies. Where there is a
    conflict between those rules and policies and any of the provisions
    of these Terms, the app store’s rules and policies will prevail and
    the conflicting provision of these Terms will fall away. For the
    avoidance of doubt, the remaining provisions of these Terms will
    remain in full force.
  15. Licence
  16. We give you personally the right to use the app as set out in these
    Terms. You may not transfer the app to someone else, whether for
    money, for anything else or for free.
  17. You must:
  18. not rent, lease, sub-license, loan, provide, or otherwise make
    available, the app in any form, in whole or in part to any
    person without prior written consent from us;
  19. not copy the app except as part of the normal use of the app
    or where it is necessary for the purpose of back-up or
    operational security;
  20. not translate, merge, adapt, vary, alter or modify, the whole
    or any part of the app, nor permit the app to be combined
    with, or become incorporated in, any other programs, except
    as necessary to use the app and on devices as permitted in
    these Terms; and
  21. comply with all applicable technology control or export laws
    and regulations that apply to the technology used or
    supported by the app.
  22. You agree that if you sell any device on which the app is installed,
    you will remove the app from it.
  23. Intellectual property rights
  24. All intellectual property rights in the app throughout the world
    belong or are licensed to us and the rights in the app are licensed
    (not sold) to you. You have no intellectual property rights in, or to,
    the app other than the right to use them in accordance with these
  25. How you may use the app
  26. In return for your agreeing to comply with these Terms you may:
  27. download a copy of the app onto your device and view, use
    and display the app on such devices for your personal
    purposes only; and
  28. receive and use any free supplementary software code or
    updates of the app incorporating “patches” and corrections of
    errors as we may provide to you.
  29. If you download the app onto any phone or other device not owned
    by you, you must have the owner’s permission to do so. You will be
    responsible for complying with these terms, whether or not you own
    the phone or other device.
  30. Acceptable use restrictions
  31. You must:
  32. not use the app in any unlawful manner, for any unlawful
    purpose, or in any manner inconsistent with these terms, or
    act fraudulently or maliciously, for example, by hacking into
    or inserting malicious code, such as viruses, or harmful data,
    into the app or any operating system;
  33. not infringe our intellectual property rights or those of any
    third party in relation to your use of the app, including by the
    submission of any material (to the extent that such use is not
    licensed by these Terms);
  34. not transmit any material that is defamatory, offensive,
    confidential or otherwise objectionable in relation to your use
    of the app; and
  35. not use the app in a way that could damage, disable,
    overburden, impair or compromise our systems or security or
    interfere with other users.
  36. Your account
  37. You must ensure that only you use your account and you must not
    disclose your login details to any other person. You are responsible
    for keeping your login details safe and secure.
  38. We have the right to disable or delete your account at any time if in
    our reasonable opinion, you have failed to comply with any of the
    provisions of these Terms; have otherwise misused the app; or if we
    reasonably believe disabling or deleting your account is necessary
    to protect us or other users.
  39. If you know or suspect that anyone other than you knows your login
    details, you must promptly notify us by emailing us
    at [email protected]
  40. We may disable or terminate your account if you have failed to log
    into your account for a period of twelve months.
  41. Any offers or promotions offered through the app are at our sole
    discretion and we are under no obligation to provide any particular
    types of offers or promotions.
  42. Your breach of these Terms
  43. We may end your right to use the app at any time by contacting you
    if you have broken any of these Terms. If what you have done can
    be put right we will give you a reasonable opportunity to do so.
  44. If we end your rights to use the app:
  45. you must stop all activities authorised by these Terms,
    including your use of the app; and
  46. you must delete or remove the app from all devices in your
    possession and immediately destroy all copies of the app
    which you have and confirm to us that you have done this.
    10.Updates to the app
    10.We may automatically update the app from time to time to improve
    performance, enhance functionality, reflect changes to the
    operating system or address security issues. Alternatively, we may
    ask you to update the app for these reasons.
    10.If you choose not to install any updates or if you opt out of
    automatic updates, you may not be able to continue using the app.
    11.Suspending or withdrawing the app
    11.The app is made available free of charge and on an “as is” and “as
    available” basis.
    11.We do not guarantee that the app, or any content on it, will always
    be available or be uninterrupted. We may modify, suspend,
    discontinue, withdraw or restrict the availability of all or any part of
    the app at any time without any liability to you. We will try to give
    you reasonable notice of any suspension or withdrawal.
    12.Our responsibility for loss or damage suffered by you
    12.We do not exclude or limit in any way our liability to you where it
    would be unlawful to do so. This includes liability for death or
    personal injury caused by our negligence or the negligence of our
    employees, agents or subcontractors and for fraud or fraudulent
    misrepresentation. Otherwise, our total liability to you in contract,
    tort (including negligence) breach of statutory duty or otherwise,
    arising under or in connection with these Terms, shall not exceed
    the price you have paid us for purchases of products in the year
    before you make a claim.
    12.We are only responsible to you for foreseeable loss and damage
    caused by us.
    12.We will not be liable to you for any loss or damage, whether in
    contract, tort (including negligence), breach of statutory duty, or
    otherwise, even if foreseeable, arising under or in connection with
    your use of, or inability to use, the app or your use of or reliance on
    any content in the app.
    12.We have no liability to you for any loss of profit, loss of business,
    business interruption, or loss of business opportunity.
    12.The app does not offer advice on which you should rely. We are not
    responsible for the consequences of any actions you take, or do not
    take, in reliance on any of the information on the app. You must
    obtain professional or specialist advice before taking, or refraining
    from, any action on the basis of information obtained from the app.
    12.Although we make reasonable efforts to update the information
    provided by the app, we make no representations, warranties or
    guarantees, whether express or implied that such information is
    accurate, complete or up to date.
    13.If you are unhappy with the products, the app, our service to you or
    any other matter, please contact us at [email protected] and
    we will try to resolve this with you quickly and efficiently. If we are
    not able to do so, we will let you know and give you information
    about alternative dispute resolution.
    14.Governing Laws and Jurisdiction
    14.These Terms are governed by English law and you can bring legal
    proceedings in respect of them in the English courts. If you live in
    Scotland you can bring legal proceedings in respect of these Terms
    in either the Scottish or the English courts. If you live in Northern
    Ireland you can bring legal proceedings in respect of these Terms in
    either the Northern Irish or the English courts.
    15.If you provide us with any feedback on the app, support provided or
    the ordering process, if any intellectual property rights arise in that
    feedback, you agree that we will own those rights. It is at our
    discretion whether we act on any feedback you provide and if we do
    make changes based on your feedback, we will own all intellectual
    property rights in any such changes.
    15.No one other than you or us has a right to enforce any of these
    Terms. If the app contains links to other websites or apps, we are
    not responsible for such other websites or apps and do not endorse
    15.Your use of the app is at your own right and you are responsible for
    protecting your own device from security threats.
    15.If part of these Terms is determined to be invalid, the other
    provisions shall remain valid and in force.
    15.If we don’t exercise any of our rights under the Terms, that does not
    mean that we waive such rights unless we confirm otherwise in
    15.We are not responsible for any failures or delays caused by events
    outside our control.
    Part 2: Terms of purchase
    16.Ordering products and our contract with you
    16.If you purchase products through the app, you agree to be bound by
    this Part 2 of these Terms. If you don’t agree to Part 2 of these
    Terms, you should not purchase any products through the app.
    16.You can place an order for products by using the ordering process in
    the app. You should read and check your order carefully, and
    correct any errors, before submitting it.
    16.When you place your order, we will acknowledge it at the end of the
    checkout process, but this does not mean that your order has been
    accepted. We may contact you to say that we cannot accept your
    order, which is usually for one of the following reasons:
  47. the products you have ordered are unavailable;
  48. you are not allowed to buy the products from us;
  49. we are not allowed to sell the products to you; or
  50. there has been a mistake on the pricing or description of the
    16.We only accept your order when you receive confirmation through
    the app that your order has been accepted. At this point, a legally
    binding contract is in place between you and us and we will prepare
    the products for you.
    16.If you want to make changes to products after you have ordered
    them, please contact us by speaking to a member of staff and we
    will let you know if the change is possible and if the change will
    result in any changes to the price of the product or the timing of
    16.You are only entitled to buy products from the app if you are over
    the age of 18 and if you are a staff member or authorised visitor of
    a workplace located at a collection point.
    17.Our staff are trained to follow best practice procedures in our
    kitchens and take steps to minimise the risk of foods coming into
    contact with other food products, including allergens. However, due
    to the presence of ingredients that contain allergens that are
    routinely used in our kitchens, and that normal operations may
    involve shared cooking and preparation areas, we can never
    completely guarantee that our products are completely free from
    allergens or specific ingredients. The allergen information given is
    based on information provided by our suppliers.
    17.You can choose to input your dietary requirements into the app as
    part of your profile. If you do this, we will notify you when you select
    a product that is not suitable for your requirements. This does not
    mean to say that all other products are suitable. For more
    information about how we process personal data about your dietary
    requirements, please see our privacy notice. [EE2]
    17.You should always check ingredients in products and speak to a
    member of staff each time you purchase a product if you, or
    someone you are buying a product for, has a food allergy,
    intolerance, sensitivity or coeliac disease.
    17.Ingredients can occasionally be substituted or changed, so please
    review the allergy and intolerance information on the app before
    each purchase and ask a member of staff about allergens.
    18.Your rights to reject or cancel products
    18.If the products you receive are faulty or not as described on the
    app, you have the right to reject them and we will either refund the
    products or replace them. Please let us know about any problems
    with the products within 24 hours of collection of the products to
    notify us. We may request photographic evidence of the products.
    18.You can cancel an order and receive a refund if we tell you about a
    change to the product or an error in the price or description and you
    do not wish to proceed with the order.
    18.If you change your mind about a product once you have ordered it,
    in some circumstances you might be able to receive a refund, but
    because our products are perishable, as a general rule you will not
    be able to cancel them once you have placed your order. Any
    cancellation of your order will be entirely at our discretion and will
    not affect our right to receive any money you owe to us for that
    18.It is your responsibility to ensure that you collect products that you
    have ordered when they are ready for collection.
    19.Order collection
    19.Your products will be ready for collection at the location specified in
    your order confirmation and on the date (and, if applicable, time
    window) set out in your order. Any times specified are estimates
    19.If something happens outside of our control that affects the
    estimate date or time of collection, we will let you know a revised
    estimated date or time for collection and we won’t have any further
    responsibility to you for any delay.
    19.You will need to provide a copy of your order confirmation or in-app
    receipt as proof of your order so that you can collect your order.
    19.Unless you and we agree otherwise, if we are unable to make your
    products available for collection, we will let you know, cancel your
    order and provide a refund.
    19.Once you have collected your products, you are responsible for
    19.We do not accept any responsibility or liability if you are unable to
    access the collection point for collection of your products.
    20.We accept payment via the cards shown in the payment section of
    the app. We do not accept payment in cash. Payments will only be
    allowed if authorised by the relevant card issuer. If the card issuer is
    not able to allow payment (for example, because you have
    insufficient funds in your account), you will not be able to purchase
    products and we will have no responsibility or liability to you in
    respect of your inability to purchase products.
    20.We use a third party payment provider to process your payments,
    which means that we never see any of your card details. We will do
    all that we reasonably can to ensure that our payment provider
    keeps your payment information secure, but unless we have been
    negligent, we will not be legally responsible to you for any loss you
    may suffer if a third party gains unauthorised access to any
    information you give us.
    20.Payment for products is required in advance. If you receive the
    products before we receive payment, you must pay within five days
    or return the products to us at your own cost as soon as possible. If
    you do this, you must keep the products in your possession, take
    reasonable care of them and not use them before you return them
    to us.
    20.The price of the goods is in pounds sterling (GBP/£), depending on
    the territory in which you are purchasing goods.
    21.Nature of the products
    21.The packaging or labelling of the products may be different from
    that shown on the app.
    21.Whilst we try to make sure that:
  51. all weights, sizes and measurements set out in the app are as
    accurate as possible, there may be small variations in such
    weights, sizes and measurements in the products; and
  52. the images and colours of the products are displayed
    accurately in the app, the actual colours you see may vary.
    21.If we cannot supply certain products, we may need to substitute
    them with alternative products of equal or better standard and
    value. If we do this:
  53. we will let you know if it is possible for us to do so; and
  54. you can refuse to accept any substitutions, in which case we
    will offer you a refund or replacement and let you know how
    long the offer remains open for.