foodnfilm TV & WEBSITE TERMS AND CONDITIONS OF SUPPLY AND TV & WEBSITE USE

IMPORTANT NOTICE

This constitutes a legal agreement between us and you.  Please read it carefully.  The agreement sets out how you are permitted to use the foodnfilm app and website.

The foodnfilm app and website are provided on an “as is" basis, with minimal warranties.

The foodnfilm service allows you place orders for films and other digital content to be supplied by us.  We do not supply food, consumables or other goods, beyond digital content.

The foodnfilm service also allows you to place orders with third party restaurants for goods to be supplied by them, in which case you and the restaurant are using the service to enter an agreement with each other for you to buy those products in your own name and on the terms of business of the restaurant.

You will receive the benefit of any rights of refund, after sales service, warranties or guarantees offered by the restaurant, as well as any statutory protections offered to purchasers of products of that type (as applicable) and you should contact the applicable restaurant in connection with refunds or customer service enquiries in the first instance.

INTRODUCTION

This page (together with our Cookies Policy and Privacy Policy) sets out the terms and conditions ("Website Terms") on which we, foodnfilm Ltd ("we" or "foodnfilm"), provide our services through our website http://www.foodnfilm.com and any foodnfilm mobile application through which you access our website or services (together, "Website"). Please read these Website Terms carefully.  By using the Website or ordering any products through the Website, you are confirming that you understand and accept (and are able to understand and accept) these Website Terms, and that you agree to be bound by them.  If you are under the age of 18 or don’t understand these Website Terms, please ask a parent or guardian to explain their meaning to you.  You must not use the Website if you are under 13.

We reserve the right to change these Website Terms from time to time by changing them on this page. By continuing to use the Website following any such change, you confirm your agreement to the latest version of these Website Terms. These Website Terms are only in the English language.

Use of your personal information submitted via the Website is governed by our Privacy Policy.


For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website http://www.foodnfilm.com and any foodnfilm mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).

I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE

1.1. Company details: foodnfilm Ltd is a company registered in England and Wales with registered company number 08667412, whose registered office is at 8 Dean Street, London W1D 3RL.

1.2. VAT number: Our VAT number is 229 2287 96.

1.3. Service: We provide a way for you to communicate your orders ("Orders") for movie rentals and purchases from us together with food, beverages and other consumables ("Products") from delivery or takeaway restaurants ("Restaurants") displayed on the Website (collectively, the "Service").

2. WEBSITE ACCESS AND TERMS

2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone. You may access the Website through the Internet or by downloading and installing our free app on an authorised device, which may include a portable device, a mobile telephone or tablet, a personal computer, an Internet-enabled television, home audio or video equipment or another authorised device capable of receiving the content. You may need the latest player for your browser to access the Services through our website. We cannot guarantee that the Services will work with all devices. From time to time, providers of content to the Website may stipulate restrictions relating to the number and type of devices which may access particular content. We will use our reasonable endeavours to inform you of any such restrictions. Your use of the Services may vary in functionality, availability and quality depending on the type of device and any restrictions imposed by our content providers. Your access to the Services may require you to use another service, electronic guide, portal, platform or network gateway integrated with or used by your device, which may be operated by a third party. Where this is the case, access to the third party services may be subject to terms and conditions imposed by the third party. We recommend that you read and understand any third party terms and conditions before you access those services, which are not the responsibility of foodnfilm. If you have any complaints about or problems using those services, you should contact your third party provider.

2.2. System requirements: It is your responsibility to ensure that you are able to comply with the relevant system requirements that must be met for you to be able to successfully access and use any of the Services. We accept no responsibility for any lack of functionality and/or failure to provide any of the Services that is due to your equipment (including, but not limited to, your device, Internet connection, operating system or settings and software). Access to parts or all of the Services may be restricted from time to time to allow for repairs, maintenance or updating. We reserve the right to withdraw, take down or amend all or part of the Website or Services and all or part of the digital content at any time. It is your responsibility to pay for all costs and expenses (including, but not limited to, all telephone call or line charges or Internet service provider access or subscription charges) that you may incur using the Services.

2.3. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website

2.4. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.

2.5. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

3. YOUR STATUS

3.1. Capacity and age: By placing an Order through the Website, you warrant that:

3.1.1. You are legally capable of entering into binding contracts; and

3.1.2. You are at least 18 years old.

3.2. Alcohol and cigarettes: Furthermore, you acknowledge and agree that:

3.2.1. Pursuant to the Licensing Act 1964, it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18;

3.2.2. Cigarettes are not for sale to persons under the age of 18; and

3.2.3. Orders containing either alcohol or cigarettes can therefore not be accepted from or on behalf of persons under the age of 18;

3.2.3. You must take delivery of any goods yourself, in person and may be required to provide proof of your identity and/or age

4. MOVIE RENTALS

4.1. Digital content: Once you have completed the registration process you may purchase selected full length feature movies and other digital content ("Digital Content"). This allows you to: (i) pay a fee to view Digital Content an unlimited number of times over a limited period of time ("Rental Digital Content"); or (ii) pay a fee to view Digital Content an unlimited number of times over an indefinite period of time ("Purchased Digital Content"). As used in these Website Terms, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee of any kind (other than that which you pay to us to view Rental Digital Content or Purchased Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. Your request for Digital Content is an Order to purchase such Digital Content on the basis described in this clause 4 for the price, and subject to any other terms and conditions, indicated to you through the Service, and we may accept or reject your Order at our discretion.  Acceptance of your Order does not occur until we have confirmed our acceptance of your Order in writing or have begun making the Digital Content available to you.

4.2. Rental Digital Content: Upon your payment of the rental fee and our acceptance of your Order, we grant you a non-exclusive, non-transferable, non-sub-licensable, limited right and licence to: (i) stream and/or download a temporary copy; and (ii) view, use and privately display, for Non-Commercial, Private Use; the Rental Digital Content rented by you, by way of one (1) device (unless otherwise notified to you), connected to the Services over the Internet, and on such other terms as may be specified. The licence for Rental Digital Content is limited in its term and duration, which is usually forty-eight (48) hours from the time you start accessing or viewing the Rental Digital Content provided that you commence viewing or access to the Rental Digital Content within a certain period of time from purchase, which is usually 30 days from receipt of payment of the rental fee ("Viewing Period"), although these times may be subject to change. foodnfilm may automatically delete from your device any Rental Digital Content that is beyond its limited licence term, and you consent to the automatic deletion. You may not copy or move Rental Digital Content from any location where it is stored on your device. With respect to streamed copies of Rental Digital Content, the number of streams of certain different Rental Digital Content that may be permitted at any one time may be subject to restrictions and we shall use our reasonable endeavours to notify you of such restrictions.


4.3. Purchased Digital Content: Upon your payment of the purchase fee and our acceptance of your Order, we grant you a non -exclusive, non-transferable, non-sub-licensable, limited right and licence to: (i) stream and/or download and retain a permanent copy of; and (ii) view, use, and privately display, for Non-Commercial, Private Use; the Purchased Digital Content purchased by you, by way of five (5) devices as are authorised for viewing such Purchased Digital Content. With respect to streamed copies of Purchased Digital Content, you may stream only one (1) copy of Purchased Digital Content at any one time, unless further streams are permitted in relation to particular Purchased Digital Content, as notified by us to you from time to time. Our ability to allow you to stream Purchased Digital Content to your device is subject to our being able to obtain sufficient permissions from the owners of the Purchased Digital Content to allow you to do so. In some instances, your ability to stream Purchased Digital Content from your device may be limited to a certain period of time.

4.4. Risk of loss: If you download Digital Content that you purchase or rent, please do so promptly after your purchase or rental. If you are unable to complete a download after having reviewed our online help resources, please contact our helpdesk. Once you purchase or rent Digital Content and we make the Digital Content available to you, you bear responsibility for completing the download, or streaming the content in accordance with the Website Terms, and for all risk of loss of the Digital Content after download. Purchased Digital Content may continue to be available to you for repeat download or streaming from the Services, as applicable, but may become unavailable due to content provider licensing restrictions, legal obligations and or for other reasons, and we will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming.

4.5. Digital content owners: Your ability to continue to stream and/or re-download Rental Digital Content prior to the expiry of the Viewing Period to your device is subject to us being able to obtain and retain sufficient permissions from the owners of the Rental Digital Content to allow you to do so. In some instances, your ability to stream and/or re-download Rental Digital Content from your device may be limited to a certain period of time or access may become unavailable due to content provider licensing restrictions, legal obligations or for other reasons.

4.6. Other restrictions: You may not transfer, copy or display the Digital Content, except as permitted in these Website Terms. In addition, you may not and may not attempt to: sell, rent, lease, redistribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; remove any proprietary notices or labels on the Digital Content; disable, bypass, remove, modify, deactivate, impair, avoid, defeat, or otherwise circumvent any encryption, rights signaling, security measures, copy protection technology or other digital rights management system in which any of the content contained within the Services is wrapped or which is otherwise incorporated in the Services, devices or Digital Content; use the Services or Digital Content for any commercial or illegal purpose; edit, modify, translate or create derivative works or adaptations of the any of the Services or their content; decompile copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Services or Digital Content are stored to a human-readable form; or, duplicate or otherwise reproduce (including but not limited to "burning") the Services, or any portion thereof or the content (including the Digital Content) contained on the Services, onto any physical medium, memory, device or in any tangible form, including but not limited to CDs, DVDs, VCDs or any other device, including but not limited to any computers or other hardware or other medium now known or hereinafter devised.

4.7. Geo-filtering: Certain parts of the Service and Digital Content will be restricted by using geo-blocking software to prevent you from accessing them from outside the UK or other territories for which we have licences. You agree not to attempt to access, or not to attempt to circumvent the geo-blocking software to purchase, download, transmit or view Digital Content from anywhere outside the territories for which we have licences, and for which you are entitled to access the content as we notify to you.

5. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

5.1. Compiling your Order: Once you have selected the Products you wish to order from us and from the menu of your chosen Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected.

5.2. Amending or cancelling your Order: Subject to the Digital Content only Order refund policy below, once you have submitted your Order, your payment has been authorised and the Restaurant has accepted and begun to process your Order you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraph 5.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact the Restaurant directly or our Customer Care team as described in paragraph 7.3 and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.

5.3. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Restaurant.

5.4. Processing your Order and Restaurant rejections: On receipt of your Order, we will begin processing it by sending it to the relevant Restaurant and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Restaurant. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.

5.5. Delivery of your Order: Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.


5.6. Digital Content only Orders: You have the right to change your mind and cancel your purchase within 14 days of purchasing Digital Content. However, you will lose this cancellation right if: (a) you accepted when you made your purchase that we could start to provide Digital Content to you, and you acknowledged that you could not cancel once delivery of the Digital Content started; and (b) you start to download, stream or otherwise access the purchased Digital Content during this 14-day period. If you are eligible to cancel your purchase, you must inform us of your decision to cancel before the 14-day cancellation period expires. You may inform us of your decision to cancel by contacting Customer Care team at support@foodnfilm.com and using the Cancellation Form template found at the end of these Website Terms. If you cancel your purchase in accordance with this section, we will reimburse you for all payments received from you in respect of such cancelled purchase and, unless you have agreed otherwise, we will use the same means of payment as you used for the initial transaction.

6. PRICE AND PAYMENT

6.1. VAT and delivery costs: Prices will be as quoted on the Website. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Restaurant (if you pay for your Order online). These will be added to the total amount due where applicable.

6.2. Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you for your instructions before the relevant Order is dispatched.

6.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Restaurant at the point of delivery to you.

6.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.

6.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by foodnfilm or one of the participating Restaurants, and you pay for any balance by credit or debit card. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

6.6. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Restaurant (as described in paragraph 5.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

7. CUSTOMER CARE

7.1. General: Customer care is extremely important to us. Subject to paragraphs 7.5 and 12, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team at support@foodnfilm.com.  

7.2. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Restaurant, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process.


7.3. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Restaurant directly to lodge your complaint and, where appropriate, follow the Restaurant's own complaint procedures. If you are unable to contact the Restaurant, or the Restaurant refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Restaurant in order to request compensation on your behalf. Please note that we have no control over Restaurants and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.

8. LICENCE

8.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:

8.1.1. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 8.1 is prohibited.

8.1.2. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 8.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.


8.1.3. You must ensure that our status as the author of the material on the Website is always acknowledged.

8.2.  You agree not to:

a) hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble or reverse engineer or create derivative works out of the Website or any information contained in it, save to the extent expressly permitted by applicable law;

b)remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the Website;

c)create software which mimics data or functionality in the Website;

d)use or deal in the Website except as permitted by these terms and conditions;

e)display, publish, copy, print, post or otherwise use the Website and the information contained therein for the benefit of any third party or web site without our prior written consent;

f)use the Website unfairly or for any illegal or immoral purpose; or

g)use the Website or any of the materials on the Website for any commercial or business purpose, or “scrape” or otherwise copy in bulk or by automated means, data from the Website, without obtaining a licence from us to do so.

8.3. Limitation on use: Except as stated in paragraph 8.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.


8.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

9. SERVICE ACCESS

9.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.


9.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.


9.3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

10.1. General:

10.1.1. We will process your personally identifiable information in accordance with our Privacy Policy which is available here: http://www.foodnfilm.com/privacy_policy.aspx .  Any material you post, upload or transmit or upload to the Website (including without limitation reviews of our Website, Service, Products or Restaurants, referred to hereafter as “Reviews”) (together "Visitor Material") will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.


10.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 10.2 to 10.3 below.


10.2. Visitor Material Policy: You agree and undertake that you will not post, upload or transmit to or from the Website any Visitor Material (including any Reviews) that:


10.2.1. breaches any applicable local, national or international law;


10.2.2. is unlawful or fraudulent or which gives rise to civil or criminal liability;


10.2.3. amounts to unauthorised advertising;


10.2.4. contains viruses worms, logic bombs or other malicious software or technically harmful data;


10.2.5. contains any defamatory, abusive, pornographic, discriminatory, obscene or offensive material;


10.2.6. promotes violence or discrimination;


10.2.7. infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;


10.2.8. breaches any legal duty owed to a third party (such as a duty of confidence);


10.2.9. promotes illegal activity or invade another's privacy;


10.2.10. gives the impression that they originate from us; 


10.2.11. is used to impersonate another person or to misrepresent your affiliation with another person;


10.2.12. harasses any person;


10.2.13. markets or promotes any third party;


10.2.14. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or


10.2.15. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.


10.3. Removal of Reviews: The prohibited acts listed in paragraph 10.2 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraph 10.2, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.


10.4. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.


10.5. Liability: You agree to indemnify (compensate) us against any losses, damages and claims (and all related costs) incurred by or made against us by a Restaurant or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 10.


10.6. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 10.2 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.


11. LINKS TO AND FROM OTHER WEBSITES


11.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.


11.2. Linking permission: You may link to the Website's homepage (www.foodnfilm.com), provided that:


11.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;


11.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;


11.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 10 (Visitor Materials and Reviews));


11.2.4. we have the right to withdraw linking permission at any time and for any reason.


12. DISCLAIMERS


12.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice (provided that no changes to Products or prices will affect any Order which we have already accepted). The material on the Website may be out of date, and we make no commitment to update that material. 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 Website or server that makes it available are free of viruses or other harmful components.


12.2. Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering.


12.3. Restaurant actions and omissions: The legal contract for the supply and purchase of Products comprised of food, beverages and other consumables is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:


12.3.1. We do not give any undertaking that the Products ordered from any Restaurant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.


12.3.2. Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.


12.3.3. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, we do not guarantee that Restaurants will accept all Orders, and Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.


12.3.4. The foregoing disclaimers do not affect your statutory rights against any Restaurant.


12.4. Exclusion of terms: We provide you with access to the Website and Service on an “as is” basis and providing that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).


13. LIABILITY


13.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.


13.2. We are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Website Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Website Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or arises from your chosen Restaurant breaching these Website Terms.  In respect of Digital Content:


13.2.1. we warrant that Digital Content will be as described, fit for purpose and of satisfactory quality;
13.2.2. if your Digital Content is faulty, you're entitled to a repair or a replacement;
13.2.3. if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back;
13.2.4. if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
13.3. Exclusion of liability: Subject to paragraph 13.1, we (including our directors, officers, agents, employees and contractors) will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
13.3.1. any loss of profits, sales, business, or revenue;
13.3.2. loss or corruption of data, information or software;
13.3.3. loss of business opportunity;
13.3.4. loss of anticipated savings;
13.3.5. loss of goodwill; or
13.3.6. any indirect or consequential loss.
13.3. Limitation of liability: Subject to paragraphs 12, 13.1 and 13.3, our total liability to you in respect of all losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.


14. TERMINATION


14.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we reasonably believe that:
14.1.1. you have used the Website in breach of paragraph 8.1 (License);
14.1.2. you have posted Reviews or other Visitor Material in breach of paragraph 10.2 (Visitor Material and Reviews);
14.1.3. you have breached paragraph 11.2 (Links to and from other websites); or
14.1.4. you have breached any other material terms of these Website Terms.
14.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.


15. WRITTEN COMMUNICATIONS


15.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.


16. EVENTS OUTSIDE OUR CONTROL


16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
16.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1. strikes, lock-outs or other industrial action;
16.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5. impossibility of the use of public or private telecommunications networks; and
16.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
16.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.


17. ADDITIONAL TERMS


17.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Website Terms by this reference and is available here.
17.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and Service. We may also issue vouchers from time to time and you should check the terms of these and other special offers at such time as they are published. All of these are incorporated into these Website Terms by this reference.
17.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
17.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
17.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
17.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.


18. Terms & Conditions of the free movie offer with every or more spend on food at foodnfilm:


18.1 The promoter is: foodnfilm Limited (company no. 08667412) whose registered office is at 8 Dean Street, London W1D 3RL.
18.2. The terms of promotions which run from time to time and include the following:
• Offer available to buyers of food from Shinobi and Carshalton Grill with offer expiring on 30 June 2017.
• A movie credit with a value of £1 relating to the price of a movie rental will be added to any order from either of these restaurants.
• Credit will be displayed to the recipient within their My Movies area in the home screen of foodnfilm after the food purchase has successfully completed. Recipient needs to register at foodnfilm which is done with a credit or debit card only. It will be automatically applied towards any movie purchase. If a rental movie costs more than £1, the difference can be paid for separately at checkout. An email confirmation will be sent once the movie has been ordered. The movie rental conditions are that it needs to be watched within 30 days from receipt or 48hrs from first playback. The movie credit cannot be used towards the purchase of an ‘Electronic Sell Through’ (‘Buy’) movie.
18.3. The promoter reserves the right to cancel or amend the promotion and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the promotion will be notified to entrants as soon as possible by the promoter.
18.4. The promoter is not responsible for inaccurate details supplied to any customer by any third party connected with this promotion.
18.5. Food delivery is subject to availability and location and is offered with foodnfilm partners Bevy and One Delivery.
18.6. No cash alternative will be offered. The movie credit can be used with other credit or can be topped up to buy any movie provided it is a rental movie. Credit can be used and is valid for a period of six calendar months from the date it is awarded.
18.7. The promoter’s decision in respect of all matters to do with the promotion will be final and no correspondence will be entered into.
18.8. The promotion and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
18.9. Use of the movie credit will be deemed as acceptance of these terms and conditions. All issues with foodnfilm credit should be directed to foodnfilm - support@foodnfilm.com


19. APP DEVELOPER TERMS


This clause applies where you access and/or use any part of the Services through a mobile application supplied by us (the “App(s)”).
19.1. The following terms of this Clause 19.1 are the terms which we are required by Apple to notify you of and obtain your consent to in respect of using the App(s) where you do so on iOS:
Acknowledgement
You and we acknowledge that these Website Terms are concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that we are solely responsible for the App(s) and the content thereof.
Grant of Licence
Subject to, and in consideration of, your compliance with all conditions of these Website Terms we grant you a non-exclusive, personal, revocable, non-transferable license to use the App(s) and all intellectual property rights in the App(s) and content on the App(s), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content for your lifetime on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (http://www.apple.com/uk/legal/terms/), and in accordance with the Privacy Policy.
Maintenance and support
We are solely responsible for providing support and maintenance for the App(s). You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App(s).
Product claims
You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App(s) or your possession and/or use of the App(s), including but not limited to: (i) product liability claims; (ii) any claim that the App(s) fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You acknowledge that in the event of a third party claim that the App(s) or your possession and use of the App(s) infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
Third Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party  beneficiaries of these Website Terms, and that when you accept the terms and conditions of these Website Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Website Terms against you as a third party beneficiary thereof.
Third Party Terms of Agreement
We may use third party software and services provided by Facebook, Twitter and other third party services with the App(s). Use of the App(s) are therefore subject to your acceptance of and compliance with these third party terms and you agree to comply with the applicable third party terms and conditions when using the App(s).


19.2. By downloading the App(s) from Google Play (https://play.google.com/store?hl=en_GB) you acknowledge that you have reviewed and accepted the Google Play Terms of Service (https://play.google.com/intl/en-GB_uk/about/play-terms.html) and Google Play Terms of Business (https://play.google.com/intl/en-GB_uk/about/device-terms.html). If you download the App(s) from another online market for software applications that operate on devices powered by the Android operating system, you acknowledge that you have reviewed and accepted the terms of services applicable to such market. 

20. GOVERNING LAW AND JURISDICTION


20.1. Subject to your mandatory consumer rights: (i) these Website Terms shall be governed by and construed in accordance with English law; (ii) disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts.
20.2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider.  In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.


CANCELLATION FORM

(Complete and return this form only if you wish to cancel the supply of Digital Content in accordance with clause 5.6 of the Website Terms)

The form should be sent by email to support@foodnfilm.com.    

Dear foodnfilm,

I hereby give notice that I cancel my contract on [DATE].

My Name:

My Address:



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