FOOD & DRINK APP TERMS OF USE
- Information about us and these terms
- 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. - 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
Terms. - The Terms are split into two parts, as follows:
- 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. - Part 2: Terms of purchase. This part covers terms that are specific
to the purchase of products using the app. - 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. - 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. - 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. - If you have any questions about these Terms or if you require them in a
different format, please contact us at [email protected] - Your privacy
- Personal data collected through the app is processed in accordance
with our privacy notice[EE1] .
Part 1: General terms - App store terms
- 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. - Licence
- 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. - You must:
- 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; - 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; - 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 - comply with all applicable technology control or export laws
and regulations that apply to the technology used or
supported by the app. - You agree that if you sell any device on which the app is installed,
you will remove the app from it. - Intellectual property rights
- 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
Terms. - How you may use the app
- In return for your agreeing to comply with these Terms you may:
- 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 - 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. - 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. - Acceptable use restrictions
- You must:
- 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; - 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); - not transmit any material that is defamatory, offensive,
confidential or otherwise objectionable in relation to your use
of the app; and - not use the app in a way that could damage, disable,
overburden, impair or compromise our systems or security or
interfere with other users. - Your account
- 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. - 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. - 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] - We may disable or terminate your account if you have failed to log
into your account for a period of twelve months. - 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. - Your breach of these Terms
- 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. - If we end your rights to use the app:
- you must stop all activities authorised by these Terms,
including your use of the app; and - 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.Complaints
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.General
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
them.
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
writing.
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: - the products you have ordered are unavailable;
- you are not allowed to buy the products from us;
- we are not allowed to sell the products to you; or
- there has been a mistake on the pricing or description of the
products.
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
collection.
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.Allergens
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
order.
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
only.
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
them.
19.We do not accept any responsibility or liability if you are unable to
access the collection point for collection of your products.
20.Payment
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: - 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 - 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: - we will let you know if it is possible for us to do so; and
- 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.