Terms and Conditions




1. Provision of the Services and How to Contact us

Takeaway Sandwiches Limited (“Business”) provides an on-line sandwich ordering service for either pick up or delivery from our network of retailers (“Services”).

The contact details for the Business are as follows:

§ Ireland Company Registration Number: 527416

§ Registered Address: 44 Pic Du Jer Park, Ballinlough, Cork

§ VAT Registration Number: [...............]

§ Email Address: info@takeawaysandwiches.com

§ Telephone Number:  +353 (0) 86 2542825

You acknowledge that you have provided the Business with accurate and complete registration information on your account sign-up form and that it is your responsibility to update the Business with any changes to that information by e-mailing or telephoning the Business at the email address or telephone number provided above.

You must be at least 18 years of age to use the Services - please note that the Business reserves the right to require you to provide evidence to verify any aspect of your account sign-up form at any time.

You must not register on the Site more than once and multiple accounts are not permitted.

If you believe that there has been a breach of security such as the disclosure, theft or unauthorised use of your user name and password (“ID”) then you must notify the Business immediately. If the Business reasonably believes that your ID is being used in any way which is not permitted under this Agreement, the Business reserves the right to immediately suspend access rights on giving notice to you and to block access to the Site until the issue has been resolved to the satisfaction of the Business.

The Business is continually seeking to improve the Services and to ensure that all information on the Site (“Content”) is up to date. Accordingly, the Business reserves the right, and at its sole discretion, to make changes to any part of the Services or the Content at any time and without prior notice to you. We would recommend that you regularly check the Site from time to time for any updates or changes to this Agreement which shall in any event become effective on posting and your continued use of the Site will mean acceptance of those updates and/or changes.

2. License and limited rights to use Content

The Business grants you a non-exclusive, non-transferable, non-assignable, revocable licence to use the Content subject to the terms and conditions of this Agreement. The Content and all copyright, database rights, website design, trade and service marks and logos or names, design rights, and rights relating to loss of reputation and business and all other intellectual property rights including the software used on the Site (“Intellectual Property”) in each case whether registered or not and belong to the Business (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of the Business.

3. Privacy Policy and Data Protection

The Business fully respects your right to privacy and has a strict policy of complying with the terms of the Irish Data Protection Acts 1988 and 2003 - please see the Site for a copy of our Privacy Policy.

At certain times, as a result of your interaction with the Site, the Business may hold and process personal information obtained about you for the purposes of providing you with the Services and for (inter alia) statistical purposes. By registering on the Site you consent to this collection and use of your information. The Business may also use this information to send you information about the Business’s products and/or services. If at any time you do not wish to receive such information please contact the Business at info@takeawaysandwiches.com

The Business may use cookies to recognise you on subsequent visits and to optimise your viewing experience, however, such cookies do not collect any personal information about you and you can set your browser to not accept cookies if you so wish, although this may degrade your usage of the Site. Please see our Cookie Policy for full details.

4. Warranties and Indemnity

The Business warrants that it will use all reasonable skill and care in the provision of the Service.

The Business makes no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties. It is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. All other express or implied warranties and any representations are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.

You warrant and represent that you are the owner or licensee of any content that you upload, record or otherwise transmit through the Services (collectively, “your Content”). You warrant and represent that you shall not publish, post, upload, record or otherwise transmit any of your Content (including your user name) that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is false, misleading or inaccurate.

You agree not to: (1) use the Services in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others, including e-mail addresses; (3) knowingly interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (6) use the Services for any illegal purposes whatsoever.

You agree to fully indemnify the Business against all claims, liabilities, costs and expenses (including but not limited to all legal fees) arising out of your use of the Services or related to any breach of this Agreement.

5. Pricing Errors, No sale of Cigarettes or Alcohol and Limitation of Liability

Due to the nature of the Services it may be possible that a price may be incorrectly listed on the Site due to technological or human error and we would advise you that neither the Business nor the seller is under any obligation to provide any goods at an incorrect price even after receipt of an order or any other notification of the same.

Please ensure that you make yourself aware of any additional charges that may be included by the retailer for delivery as we cannot be held responsible for the same.

Please note that the Business does not have an obligation to monitor all activities on the Site but reserves the right to do so and to keep and disclose whatever information we consider necessary to the relevant authorities should it prove necessary, and to remove any information (to include but not be limited to commentary) the Business deems to be inappropriate.

The Business does not permit the purchase of alcohol or cigarettes through the Site.

The Business shall not be liable to you whether in contract, tort (including negligence) or otherwise, for:

any direct, indirect, consequential or special loss or damage whatsoever;

any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage even if foreseeable; or

any other loss or damage in an amount exceeding €50.00 (fifty Euro) in the 12 months preceding the date on which such liability arose.

Notwithstanding the provisions of this clause the Business’s liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.

6. Placing Your Order, Refunds and Dietary Considerations/Allergies etc

As a registered user on the Site you are entitled to submit an order through the Site and the Business and you will then transmit your order to the retailer of your choosing for preparation and pick-up or delivery. Once you submit your order you will receive an email notification of your order and you cannot later either amend or cancel your order unless you agree it directly with the retailer. For the avoidance of any doubt whatsoever, there is no obligation on either the Business or the retailer to agree to your request(s) to either cancel or amend an order and you will be charged for the same in the event the retailer does not agree to your request to cancel or amend your order.

We and the retailer also reserve the right to not accept your order for any reason and we also reserve the right to reject your order for any reason once it has been received – sometimes this will happen because a particular retailer may be out of stock or cannot comply with your order for some other business related reason – we shall endeavour to notify you via email or SMS should this be the case but sometimes that may not be possible.

Pick-up and delivery times are always approximate and neither the Business nor the retailers provide any form of guarantee or assurance (or accept any liability with respect to the same) that your order will either be delivered or be ready for pick-up within the time allotted – food preparation can be slowed down by any number of factors beyond both our and a retailer’s control.

If you have any special dietary considerations or allergies then it is up to you to communicate these directly to the restaurant and not rely on the Site as mistakes can occur in uploading menu warnings etc and the Business specifically disclaims any liability with respect to the same – please see clause 5 above for details of our exclusions of liability policy.

We do not provide any assurance or guarantee that the food ordered and provided through the Site will meet your particular requirements or will be of satisfactory quality – we have a large number of retailers using the Services and cannot be held responsible for every sandwich made, however, and notwithstanding, we would welcome any complaints you may have about a particular retailer so that we might investigate your complaint and retain the integrity and high value of the Services we provide to our customers.

Payment for your order will be made directly with the retailer and under their terms and conditions and the Business shall not be held responsible in any way for such payments or any disputes in respect of the same.

7. Notices

All notices shall be given to the Business via e-mail at info@takeawaysandwiches.com by post to the Business’s address as set out under clause 1 of this Agreement, or to you at the e-mail or land address you provide in your registration information.

8. Third Party Links

The Site may contain links to other websites and resources however the Business is not responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on our Site and it is entirely your decision and responsibility to use their services and/or products.

9. Termination and Renewals

The Business operates the Site on a fair and reasonable basis and this Agreement and your access to the Service may be immediately terminated by the Business if (in the sole opinion of the Business) you are in breach of this Agreement or are behaving in a way that the Business considers inappropriate or in a way likely (in the sole opinion of the Business) to harm the reputation of the Business.

10. Dispute Resolution

Should there be a dispute between you and the Business that cannot be resolved directly within reasonable time period then it is hereby agreed that on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator, the Dublin office of the International Centre for Dispute (“ICDR”) Resolution shall appoint a single independent mediator in accordance with the rules of the ICDR. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Dublin, Ireland. In the event that within a period of 60 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Irish Courts.

11. General

No failure or delay on the part of the Business relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.

The Business shall be under no liability to you in respect of anything, which notwithstanding this provision may constitute a breach of this Agreement arising by reason of force majeure which includes (inter alia) an Act of God and failure of any third party.

This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither you nor the Business shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides.

In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail.

This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Ireland and be subject to the exclusive jurisdiction of the Irish courts.


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