This Website and Mobile Application the “DialEat Website and/or App” allows you (“You”) to purchase Items (as defined below) (the “Service”) at particular take-away, cafés, restaurants, supermarkets. When you purchase goods through Dial Eat, then it is subject to the terms set out in this Agreement.
To use the Dial Eat, You must ensure that You: (i) have a functioning Smartphone (as defined below) or; (ii) have an internet connection. Subject to You complying with Section 1a. the Service shall ensure that You can: (i) view Items for sale; (ii) purchase Items using the Service; (iii) track the order of Items;
1.1. When You purchase an Item on the Service using the Dial Eat, If you pay us by credit or debit card, Apple Pay, Google Pay, PayPal account we will take payment from your card or PayPal account for the Goods as accepted by the Dial Eat via an external PCI-certified server when they are dispatched to you. Cash is accepted on delivery in certain circumstances, this is an option that may be withdrawn at any time. 1.2. You represent, warrant and undertake that: (i) You are legally capable of entering into this binding contract; (ii) You are at least 18 years old; (iii) You will use the Service only for your personal, non-commercial use and not for any re-distribution of Items; and (iv) you will not infringe the Intellectual Property Rights (IPR) (as defined below) or other rights of third parties whose work is embodied in Items. You agree and acknowledge that it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol or for any person over the age of 18 to buy alcohol on behalf of any person under the age of 18. Orders containing alcohol will therefore not be accepted by the Service from or on behalf of persons under the age of 18 and it is within the Restaurant staff’s rights to ask for proof of age of anyone on the Restaurant’s physical premises or when delivering to your home or office. You may use software made available for use in connection with the Service (“Software”) only in connection with the Service. You may not separate any individual component of the Software or incorporate it into your own programs or deal with it in any other way. You may not, and You will not assist, encourage or authorise any third party to modify, reverse engineer, decompile or disassemble Software, whether in whole or in part or create any derivative works from the Software. You shall pay all VAT and other taxes (“Taxes”) associated with Your purchase of Items on the Service. The Service shall ensure that the price stated for any Items includes all such Taxes. You shall not: (i) manipulate transactions in any way which is unfair to other users of the Service; or (ii) use the Service in contravention of applicable laws nor permit or assist others to do so.
You need to register to access the Service and You will be required to enter Your payment details to pay for Items using Your credit or debit card. Your payment details will be saved, which www.dialeat.co.uk saves on a secure external PCI-certified server. Dial Eat uses the 3 digits on the back of your credit card as code to make payments through the Dial Eat (“Card security CODE”) secure software. On collecting or the delivery of Items, you may be required to show Your phone displaying Your order number to the Restaurant staff at the time of collection or delivery of Items as proof of identification. You are responsible for the safekeeping of Your order number. www.dialeat.co.uk will ensure that any information, such as Your debit or credit card information, which passes between https://www.dialeat.co.uk ]and the server, is encrypted with SSL (Secure Socket Layer). However, You acknowledge that the transmission of information via the internet is not completely secure and Dial Eats cannot guarantee the security of Your data transmitted through www.dialeat.co.uk, which is transmitted at Your risk. Dial Eat shall not be liable for any claims arising from misuse of Your credit or debit card where such misuse is a result of Your failure to keep Your credit or debit card secure. In the case of Items which are not capable of delivery in digital format, such as food and beverages, (“These are known as Tangible Items”) the Service shall procure delivery of any Items to You within reasonable industry times of You paying for such Tangible Items using the Service. The Service may notify You of an estimated time for delivery or collection of Your Tangible Items, but, these are estimates only and should not be relied upon or treated as guarantees. The Service shall comply with all applicable laws and regulations related to Your use of the Service, including but not limited to laws and regulations concerning distance selling, refunds and returns, data protection, food safety, consumer rights act 2015, digital crimes act. The relationship between You and Dial Eat is regulated under English and Welsh Law.
Please read our Cancellation policy https://www.dialeat.co.uk/cancellation-policy
Please read our Refund Policy https://www.dialeat.co.uk/refund-policy
You acknowledge that any and all patents, trademarks, service marks, designs, utility models, unregistered trademarks, business or trade names (including Internet domain names and e-mail addresses), designs, copyright (including copyright in broadcasts, computer software and databases), semi-conductor topography rights, database rights and design rights, inventions (including improvements on or additions to inventions), discoveries, know-how and all other intellectual and industrial property and rights of a similar or corresponding nature (“Intellectual Property Rights”) on www.dialeat.co.uk(the “Website”), the www.dialeat.co.uk Website and the Service, including the Dial Eat brand, logo, any community features such as clubs, promotions, boards forums, underlying software and technology, and all information, consumer data and other material generated by the operation of the Website, www.dialeat.co.uk and Service belongs to Dial Eat LTD or its licensors and You shall not acquire or claim any right, title to or interest in the same and nor shall any goodwill inure to You by virtue of this Agreement. We reserve the right to terminate this Agreement at any time for any reason.
Dial Eat runs the Service with the aim of providing You with uninterrupted access. However, You acknowledge that Dial Eat is under no obligation to ensure the Service is continuous and Dial Eat will not be liable where access to the Service is suspended (whether temporarily or not) without notice. Dial Eat will try to ensure that the information on the Website and the Dial Eat is correct. However, You acknowledge that Dial Eat is under no obligation to update material on the Website and www.dialeat.co.uk website and provide that it is error and virus free. The Restaurant is responsible for providing correct information regarding Item description and price. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices (Device(s)) that are controlled, but not owned, by You and to download a copy of Dial Eat onto the Devices. You and they may be charged by Your and their service providers for internet access on the Devices. You accept responsibility in accordance with this Agreement for the use of Dial Eat or in relation to any Device, whether or not it is owned by You. You will be solely responsible, at Your own expense, for acquiring, installing, maintaining and updating all connectivity equipment as may be necessary for Your Device to connect to, access, and use Dial Eat as permitted by this Agreement.
The parties’ liability to each other for death, personal injury, fraudulent misrepresentation or any other liability that cannot be excluded by law shall not be limited. Subject to Section 7a. Dial Eat LTD shall not be liable to You whether in contract, tort, breach of statutory duty, or otherwise, even if foreseeably, arising under or in connection with the Service, the Dial Eat or the Website for: loss of profits, sales, business or revenue; loss of goodwill; indirect or inconsequential loss or loss or corruption of data. Subject to Sections 7a. and b. above, Dial Eat total liability to You shall not exceed 100% of the price of Your order.
Dial Eat is committed to protecting Your privacy and security. Any personal data that we collect from You will be minimal and will be processed in accordance with our Privacy Policy, which is available on this website.
Dial Eat reserve the right to amend this Agreement from time to time by changing the terms and conditions on the Dial Eat website, Application or other medium. Where this Agreement is varied, the new terms of use may be displayed on-screen on the Dial Eat and You may be required to read and accept them to continue Your use of the Service. If any term of this Agreement is held to be unenforceable in whole or in part, that term shall to the extent necessary be deemed not to form part of this Agreement but the enforceability of the remainder of such term and of the remainder of this Agreement shall not be affected. The following Sections of this Agreement shall survive termination of this Agreement: 1(d), (f) and (g), 5 and 9(c). The failure by the Restaurant to enforce any term of this Agreement shall not be considered to be a waiver of the right to subsequently enforce any such term. This Agreement constitutes the entire agreement of the parties and supersedes any previous arrangements between the parties. Neither party has relied on any oral or written representation of the other party regarding this Agreement. This Agreement shall be governed by and construed in accordance with the law of England and Wales, the applicable contracting http://www.dialeat.co.uk entity and the parties submit to the non-exclusive jurisdiction of the courts of the applicable contracting Dial Eat entity.
By clicking the “accept” button, You acknowledge that You accept the terms of this Agreement without change. Your continued use of the Service constitutes Your acceptance of this Agreement.