Foodgrubber Delivery Service
Last updated: 11 April 2021
These terms
These terms apply to your access to and use of Delivery Service on www.foodgrubber.co.uk and our mobile app (the Platform). This service is provided by Foodgrubber or us (BINFO GROUP Ltd company number 09218927.). BINFO GROUP Ltd’s registered address is Kemp House, 152 city road, London EC1v 2nx.
By clicking “Accept” or by accepting a Delivery order on the Platform you confirm that:
This forms a contract between you and Foodgrubber, which commences on the later of the date of your acceptance and the date on which you have completed Foodgrubber’s onboarding checks from time to time to Foodgrubber’s satisfaction. You should save a copy of these terms for your records. We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. If you access or use the Delivery Service after being notified of a change, you’re deemed to have accepted that change.
You can procure other services (e.g. Marketplace+, Table Service or Pickup) from Foodgrubber by agreeing and entering into a separate contract with us. Each additional contract entered into by you and Foodgrubber shall form a separate agreement.
If you have questions about these terms or our Delivery Service please contact us through Foodgrubber platform, either by submitting a request to support@foodgrubber.co.uk. You may also find answers to your questions here.
If we need to contact you, we’ll do so via the email address you have provided to us.
What is Delivery Service
Through its Delivery Service, Foodgrubber will provide you with a real-time ordering process that enables customers to place orders with you for delivery on the Platform in the UK (Delivery Orders) from the site/s that you have chosen and we that have agreed to provide Delivery Services to (the Sites). We may agree to amend the Sites from time to time. Foodgrubber will also provide Delivery Services and Customer Support Services for your Delivery Orders - see more on this below.
By signing up to Delivery Service, you authorise Foodgrubber to act as your agent to solicit, promote and conclude contracts for Delivery Service orders in your name and on your behalf, and to collect customer payments owed to you in respect of those orders.
Customer payments made in respect of orders placed with you through the Delivery Service will be held by Foodgrubber on your behalf; payment to Foodgrubber settles the customer’s payment obligation to you for these orders.
Delivery Service Fees
Your use of Delivery Service is subject to our applicable service fee from time to time. Our service fee is calculated as a percentage of GMV (inclusive of VAT) per order, plus VAT at the prevailing rate (Delivery Service Fee).
We will pay you an amount equal to the GMV for your Delivery Orders during the relevant payment period, less the Delivery Service Fee, less any relevant adjustments for refunds paid to customers during the relevant payment period.
You will receive payments from us in accordance with our payment terms applicable in the country you operate in from time to time. We’ll make this payment by electronic bank transfer to the bank account you have nominated. You must cooperate with us so that we can comply with our VAT accounting obligations.
What we will do
What you must do
You must:
Onboarding and set-up
(a) We may make limited and reasonable edits to menu item descriptions from time to time (including where legally required); and
(b) To ensure a great customer experience the prices for the menu items you provide for display on the Platform should be the same as the prices for menu items published in your dine-in or in-store menu.
Use of Delivery Service
(a) correspond with the descriptions on the Platform (including indications that particular menu items are gluten free, nut free, or are suitable for vegetarians and/or vegans);
(b) are not harmful to health or the environment;
(c) have been properly cooked or prepared and are otherwise safe, fit for transportation and consumption and palatable;
(d) are safely, securely and appropriately packaged at all times (including as reasonably required to withstand delivery); and
(e) are at an appropriate temperature for consumption by the customer.
Service Standards
General Requirements
Equipment and joining fees
You will need a tablet and a printer to start accepting Delivery Orders. If you’re an existing customer, you can use your existing equipment.
For new customers, when signing up you will be given two options for equipment (you can find the latest pricing for each on our sign-up pages). Each option is subject to a one-off joining fee.
Intellectual property
All rights, title and interest in and to Restaurant Panel, any software we provide for your use and any other materials we provide to you under or in connection with these terms are and shall at all times remain Foodgrubber’s intellectual property (Foodgrubber IP). We grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to use the Foodgrubber IP in the country you operate in during the Term for the sole purpose of using Delivery Service.
You must not (and shall not permit any third party to):
Foodgrubber grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Foodgrubber branding, which includes the “Foodgrubber” logo, name and/or website address for the Term in the country you operate in to allow you to advertise Delivery Service at your sites. You must comply with any Foodgrubber policy issued from time to time.
You grant us and our affiliates a non-exclusive, royalty-free licence to use your branding which includes your logos, name and website address(es) for the Term in the country you operate in. You warrant and undertake that your branding does not and will not infringe any third party intellectual property rights. We can use your branding on the Platform, for marketing purposes and as reasonably necessary to provide Delivery Service.
Except for these limited licences:
We may collect data about your use of Delivery Service. By using Delivery Service you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.
Suspension and termination
We may suspend your use of the Platform on giving you notice if we know or suspect you have breached these terms, or if we otherwise consider suspension reasonably necessary taking account of all relevant circumstances.
We will give you the reasons for the suspension where permitted by law. We will maintain the suspension until you have remedied the breach to our reasonable satisfaction or we no longer consider the suspension necessary in the circumstances.
These terms take effect on acceptance (see above) and continue until terminated by either party giving 30 days’ written notice to the other. If permitted by law and where we consider immediate termination necessary in the circumstances, we may give you written notice to terminate these terms with immediate effect.
Legal terms
SAVE AS SET OUT BELOW, WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO DELIVERY SERVICE, ORDERS PLACED BY CUSTOMERS USING DELIVERY SERVICE OR THESE TERMS.
Foodgrubber will be responsible for customer claims that a Delivery Order has been spilled or crushed in the course of the Delivery Services or that it is not an appropriate temperature for consumption on delivery where the Delivery Services took more than 30 minutes (except where the Delivery Order wasn’t packaged in accordance with these terms).
Customers may be eligible for compensation in respect of a Delivery Order. Foodgrubber will determine this in accordance with its Complaints Matrix from time to time. Refunds for which you are responsible under our Complaints Matrix will be deducted from our payment to you.
DELIVERY SERVICE IS OTHERWISE PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO DELIVERY SERVICE INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.
Each party shall not at any time during this agreement and for a period of two years after termination of this agreement, use or disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as necessary to perform its obligations or exercise its rights under these terms. A party may disclose the other’s confidential information if required by law, provided it notifies the other in advance where permitted.
These terms are the entire agreement between us in relation to Delivery Service. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.
A delay in enforcing these terms is not a waiver. If part of these terms is found to be illegal or unenforceable, the rest of the terms remain in force. These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999. Neither of us will be in breach of these terms or liable for delay in performing, or failure to perform, any of its obligations under these terms if the delay or failure results from events, circumstances or causes beyond our reasonable control.
These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with these terms. If you wish to raise a dispute in connection with these terms you may do so in connection with our Support Policy.
Data protection
We will each comply with the following with respect to data protection.
1. DEFINED TERMS
Controller, Data Subject, Personal Data and processing all have the meanings given to them in DP Laws (and related terms like process have corresponding meanings).
Complaint a notice, complaint or request relating to the obligations of either party under DP Laws that is relevant to the Protected Data.
Data Subject Request a Data Subject’s request to exercise their rights under DP Laws.
DP Laws any law, enactment, regulation, regulatory policy, by law, ordinance or subordinate legislation relating to the processing, privacy, and use of Personal Data, that applies to the Partner, Foodgrubber and/or the Delivery Service, including (a) any laws or regulations implementing EU Directives 95/46/EC (Data Protection Directive) or 2002/58/EC (ePrivacy Directive); and (b) the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and all relevant Member State laws giving effect to or corresponding with the GDPR, in each case, as in force and applicable.
Protected Data Personal Data received from or on behalf of the Customer for the purposes of placing a Delivery Service order.
Supervisory Authority any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering DP Laws.
2. USE OF PROTECTED DATA
We will give you the details of the customer’s Delivery Service order to allow you to process and fulfil it (Order Info). You must not access or use any Order Info for any purpose other than the fulfilment of the Delivery Service order to which it relates in accordance with these terms.
We will also provide access to Protected Data at your request if you reasonably require access to deal with a customer Complaint or respond to a Data Subject Request.
3. PROTECTED DATA OBLIGATIONS
The parties acknowledge and agree that, in respect of the Protected Data, each party is an independent controller. Each party shall comply with DP Laws and its obligations under these terms in connection with the access to and use of Protected Data.
Each party may deal at its discretion with all Data Subject Requests and Complaints that it receives directly from a Data Subject or the person making the Complaint.
Each party agrees to provide reasonable and prompt assistance to the other party as necessary to assist the other party to ensure compliance with its obligations under DP Laws and enable the other party to comply with Data Subject Requests and/or respond to other queries or Complaints received from Data Subjects or Supervisory Authorities, in each case related to the Protected Data.
To the extent permitted by law, you must not issue any public statement or notification about Protected Data without first obtaining Foodgrubber’s consent.
Foodgrubber Marketplace+ Service
Last updated: 12 April 2021
These terms
These terms apply to your access to and use of Foodgrubber’s Marketplace+ Service on www.foodgrubber.co.uk and our mobile app (the Platform). This service is provided by Foodgrubber or us (BINFO GROUP Ltd company number 09218927). BINFO GROUP Ltd’s registered address is Kemp House, 152 city road, London EC1v 2nx.
By clicking “Accept” or by accepting a ‘Delivery’ order on the Platform you confirm that:
This forms a contract between you and Foodgrubber, which commences on the later of the date of your acceptance and the date on which you have completed Foodgrubber’s onboarding checks from time to time to Foodgrubber’s satisfaction. You should save a copy of these terms for your records. We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. If you access or use the Marketplace+ Service after being notified of a change, you’re deemed to have accepted that change.
You can procure other services (e.g. Delivery Service, Table Service or Pickup) from Foodgrubber by agreeing and entering into a separate contract with us. Each additional contract entered into by you and Foodgrubber shall form a separate agreement.
If you have questions about these terms or our Marketplace+ Service please contact by submitting a request to support@foodgrubber.co.uk
If we need to contact you, we’ll do so via the email address you have provided to us.
What is Marketplace+
Through its Marketplace+ Service, Foodgrubber will provide you with an online ordering process that enables customers to place orders with you for delivery on the Platform in the UK (Delivery Orders) from the site/s that you have chosen and we that have agreed to provide Marketplace+ Services to (the Sites). The Delivery Orders will be delivered by your own fleet of delivery riders (Riders). We may agree to amend the Sites from time to time. Foodgrubber will also provide Customer Support Services for your Delivery Orders - see more on this below.
By signing up to Marketplace+ Service, you authorise Foodgrubber to act as your agent to solicit, promote and conclude contracts for Marketplace+ Service orders in your name and on your behalf, and to collect customer payments owed to you in respect of those orders.
Customer payments made in respect of orders placed with you through the Marketplace+ Service will be held by Foodgrubber on your behalf; payment to Foodgrubber settles the customer’s payment obligation to you for these orders.
Marketplace+ Service Fees
Your use of Marketplace+ Service is subject to our applicable service fee from time to time. Our service fee is calculated as a percentage of GMV (inclusive of VAT) per order, plus VAT at the prevailing rate (Marketplace+ Service Fee).
We will pay you an amount equal to the GMV for your Delivery Orders during the relevant payment period, less the Marketplace+ Service Fee, less any relevant adjustments for refunds paid to customers during the relevant payment period.
You will receive payments from us in accordance with our payment terms applicable in the country you operate in from time to time. We’ll make this payment by electronic bank transfer to the bank account you have nominated. You must cooperate with us so that we can comply with our VAT accounting obligations.
What we will do
What you must do
You must:
Onboarding and set-up
(a) We may make limited and reasonable edits to menu item descriptions from time to time (including where legally required);
(b) To ensure a great customer experience, the prices for the menu items you provide for display on the Platform should be the same as the prices for menu items published in your dine-in or in-store menu.
Use of Marketplace+ Service
(a) correspond with the descriptions on the Platform (including indications that particular menu items are gluten free, nut free, or are suitable for vegetarians and/or vegans);
(b) are not harmful to health or the environment;
(c) have been properly cooked or prepared and are otherwise safe, fit for transportation and consumption and palatable;
(d) are safely, securely and appropriately packaged at all times (including as reasonably required to withstand delivery); and
(e) are at an appropriate temperature for consumption by the customer.
Service Standards
General Requirements
Equipment
You will need a tablet and a printer to start accepting Delivery Orders. If you’re an existing customer, you can use your existing equipment. .
Intellectual property
All rights, title and interest in and to Restaurant Panel, any software we provide for your use and any other materials we provide to you under or in connection with these terms are and shall at all times remain Foodgrubber’s intellectual property (Foodgrubber IP). We grant you a limited, non-exclusive, non-transferrable, non-sub licensable, revocable licence to use the Foodgrubber IP in the country you operate in during the Term for the sole purpose of using the Marketplace+ Service.
You must not (and shall not permit any third party to):
Foodgrubber grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Foodgrubber branding, which includes the “Foodgrubber” logo, name and/or website address for the Term in the country you operate in to allow you to advertise Marketplace+ Service at your sites. You must comply with any Foodgrubber policy issued from time to time.
You grant us and our affiliates a non-exclusive, royalty-free licence to use your branding which includes your logos, name and website address(es) for the Term in the country you operate in. You warrant and undertake that your branding does not and will not infringe any third party intellectual property rights. We can use your branding on the Platform, for marketing purposes and as reasonably necessary to provide Marketplace+ Service.
Except for these limited licences:
We may collect data about your use of Marketplace+ Service. By using Marketplace+ Service you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.
Suspension and termination
We may suspend your use of the Platform on giving you notice if we know or suspect you have breached these terms, or if we otherwise consider suspension reasonably necessary taking account of all relevant circumstances.
We will give you the reasons for the suspension where permitted by law. We will maintain the suspension until you have remedied the breach to our reasonable satisfaction or we no longer consider the suspension necessary in the circumstances.
These terms take effect on acceptance (see above) and continue until terminated by either party giving 30 days’ written notice to the other. If permitted by law and where we consider immediate termination necessary in the circumstances, we may give you written notice to terminate these terms with immediate effect.
Legal terms
SAVE AS SET OUT BELOW, WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO MARKETPLACE+ SERVICE, ORDERS PLACED BY CUSTOMERS USING MARKETPLACE+ SERVICE OR THESE TERMS.
Customers may be eligible for compensation in respect of a Delivery Order. Foodgrubber will determine this in accordance with its Complaints Matrix from time to time. Refunds for which you are responsible under our Complaints Matrix will be deducted from our payment to you.
MARKETPLACE+ SERVICE IS OTHERWISE PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO MARKETPLACE+ SERVICE INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.
Each party shall not at any time during this agreement and for a period of two years after termination of this agreement, use or disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as necessary to perform its obligations or exercise its rights under these terms. A party may disclose the other’s confidential information if required by law, provided it notifies the other in advance where permitted.
These terms are the entire agreement between us in relation to Marketplace+ Service. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.
A delay in enforcing these terms is not a waiver. If part of these terms is found to be illegal or unenforceable, the rest of the terms remain in force. These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999. Neither of us will be in breach of these terms or liable for delay in performing, or failure to perform, any of its obligations under these terms if the delay or failure results from events, circumstances or causes beyond our reasonable control.
These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with these terms. If you wish to raise a dispute in connection with these terms you may do so in connection with our Support Policy.
Data protection
We will each comply with the following with respect to data protection.
1. DEFINED TERMS
Controller, Data Subject, Personal Data and processing all have the meanings given to them in DP Laws (and related terms like process have corresponding meanings).
Complaint a notice, complaint or request relating to the obligations of either party under DP Laws that is relevant to the Protected Data.
Data Subject Request a Data Subject’s request to exercise their rights under DP Laws.
DP Laws any law, enactment, regulation, regulatory policy, by law, ordinance or subordinate legislation relating to the processing, privacy, and use of Personal Data, that applies to the Partner, Foodgrubber and/or the Marketplace+ Service, including (a) any laws or regulations implementing EU Directives 95/46/EC (Data Protection Directive) or 2002/58/EC (ePrivacy Directive); and (b) the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and all relevant Member State laws giving effect to or corresponding with the GDPR, in each case, as in force and applicable.
Protected Data Personal Data received from or on behalf of the Customer for the purposes of placing a Marketplace+ Service order.
Supervisory Authority any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering DP Laws.
2. USE OF PROTECTED DATA
We will give you the details of the customer’s Marketplace+ Service order to allow you to process and fulfil it (Order Info). You must not access or use any Order Info for any purpose other than the fulfilment of the Marketplace+ Service order to which it relates in accordance with these terms.
We will also provide access to Protected Data at your request if you reasonably require access to deal with a customer Complaint or respond to a Data Subject Request.
3. PROTECTED DATA OBLIGATIONS
The parties acknowledge and agree that, in respect of the Protected Data, each party is an independent controller. Each party shall comply with DP Laws and its obligations under these terms in connection with the access to and use of Protected Data.
Each party may deal at its discretion with all Data Subject Requests and Complaints that it receives directly from a Data Subject or the person making the Complaint.
Each party agrees to provide reasonable and prompt assistance to the other party as necessary to assist the other party to ensure compliance with its obligations under DP Laws and enable the other party to comply with Data Subject Requests and/or respond to other queries or Complaints received from Data Subjects or Supervisory Authorities, in each case related to the Protected Data.
To the extent permitted by law, you must not issue any public statement or notification about Protected Data without first obtaining Foodgrubber’s consent.
Menu Manager
Last updated: 12 April 2021
These terms
These terms apply to your access to and use of Menu Manager, and supplement your existing agreement governing your use of the platform (the Agreement) with Foodgrubber or us (BINFO GROUP Ltd, company number 09218927.). By clicking “Accept” you agree to use Menu Manager in line with these terms.
We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. If you access or use Menu Manager after being notified of a change, you’re deemed to have accepted the change. These terms are also subject to any separate agreement entered into by you and Foodgrubber in relation to your access or use of Menu Manager.
Terms capitalised but not defined in these terms have the meaning given in the Agreement between us. These terms prevail if they are different to that Agreement, but only in respect of your menus and use of Menu Manager. By accepting these terms, you agree that notwithstanding the terms of your Agreement with us:
What is Menu Manager
Menu Manager enables you to create and/or edit your own menu pages for the Foodgrubber Platform (www.foodgrubber.co.uk and the UK mobile app).
Menu Manager is a new feature - we’ve tested it, but it is still developing and improving all the time. As such, Menu Manager may change from time to time. We may discontinue or withdraw certain functions or features. We’ll try and signpost this to you.
Using Menu Manager
Foodgrubber has launched Menu Manager. You can use Menu Manager using your Restaurant Panel credentials.
By using Menu Manager, you acknowledge that you will be amending the information consumers see about your menu items. Your menu updates will go live to consumers on the Foodgrubber Platform shortly after you “publish” your edits. Check your menu edits carefully before publishing!
You are responsible for ensuring the accuracy, completeness and compliance with applicable laws (in particular in respect of providing information required by applicable consumer laws) of all information that you or your employees, agents or representatives input about Menu Items for publication on the Platform - we are not responsible for your use of Menu Manager or the content you upload by using it.
Your use of Menu Manager is subject to your compliance with these terms. If you don't comply with these terms, or any additional terms entered into by you and Foodgrubber in relation to your access or use of Menu Manager, we may suspend your access to Menu Manager without notice.
Ensuring high quality menus
Your menu (including each menu item image and description) must:
If any information uploaded to the Foodgrubber Platform using Menu Manager doesn’t comply with these terms or is offensive, illegal, immoral or inappropriate in any way we may remove it or the applicable menu page immediately without notice.
Our team reviews the menus edited or created on Menu Manager. If a menu is not compliant with these terms or our Agreement, we may notify you and ask you to make further edits or we may suspend your relevant site from the Foodgrubber Platform (depending on the nature of the concern). We reserve the right to edit menu items for display on the Foodgrubber Platform.
Rights you grant us
By using Menu Manager you give us permission to use and publish the information and content you submit, including any intellectual property, on the Foodgrubber Platform and as necessary for us to provide the Services under the Agreement between us. If a third party owns rights in any information or content you upload to Menu Manager, you must get their permission before you upload it.
Legal terms
Menu Manager and all intellectual property rights in it are owned by Foodgrubber or one of its affiliates. We reserve all rights not expressly granted under these terms.
We may collect data about your use of Menu Manager. By using Menu Manager, you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.
MENU MANAGER IS MADE AVAILABLE “AS IS”. WE ARE NOT OBLIGED TO CORRECT ERRORS OR THE EFFECTS OF ERRORS (INCLUDING RECOVERING LOST DATA) OR PROVIDE TECHNICAL SUPPORT. WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO MENU MANAGER OR THESE TERMS.
WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO MENU MANAGER INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.
Any amendment or waiver of these terms needs to be in writing. A delay in enforcing these terms is not a waiver. If part of these terms is found to be illegal or unenforceable, the rest of the terms remain in force. These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction in respect out of or in connection with these terms.
Getting in touch
If you have questions about Menu Manager, please contact us through Restaurant Panel, by submitting to email support@foodgrubber.co.uk.
Payment Cycle - Contract Change
Last Updated: 11 April 2021
We refer to the agreement(s) between us that relate to the provision by us of Core Services, Marketplace+ Services, Pick-up Services, and/or Editions Services (for the purpose of this amendment only, the “Agreements” and the “Services”, respectively). Pursuant to the provisions in the Agreement that permit us to make amendments that do not materially affect the Services, we are amending the Agreements to alter the payment terms such that you are paid on approximately a weekly basis.
This amendment sets out the basis on which the Core Services Fees, Marketplace+ Services Fees, Pick-up Services Fees, and/or Editions Services Fees (for the purposes of this amendment only, the “Fees”) and the Menu Items Amount and Restaurant Payments are calculated.
Notwithstanding the above, Foodgrubber may make available, and you may elect to apply, alternative arrangements for the Period or the timing of the Restaurant Payment or Partner Payment (as the case may be) from time to time. In the event of any conflict between the terms of such alternative arrangements and these terms, the terms of such alternative arrangements shall prevail.
“Calculation Day” means the applicable Foodgrubber standard day on which Foodgrubber calculates payments to restaurants and partners in the Territory .
Except as set out above, your Agreements with us shall continue in full force and effect. If there is any direct conflict or inconsistency between the terms above and your Agreements, the terms above shall prevail.