Eatogo's Terms & Conditions Policy

** Please Note Using Our Website or Apps Will Constitute Acceptance of Our Privacy Policies. **

**PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR SERVICES**

This agreement is between (Eatogo Ltd, T/A Eatogo Takeaways) and any other persons wishing to use our services. For simplicity, we shall be referred to as (Eatogo/us/our/our services) and the entity or person as (the user).

BY USING THIS WEBSITE, OUR SERVICES, OR DOWNLOADING ANY OF OUR APPLICATIONS THE USER AGREES TO BE BOUND BY THIS AGREEMENT. IF THE USER AGREES TO THIS AGREEMENT ON BEHALF OF THEIR EMPLOYER, OR ANY OTHER PERSONS, THEN THAT SAID USER IS DEEMED TO BE REPRESENTING ONE OF THE SAID PERSONS AND WARRANTS THAT THEY HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT. IF THE USER DOES NOT WANT TO AGREE TO THIS AGREEMENT, THEN THE USER MUST LEAVE THIS WEBSITE OR ITS SERVICES AND DELETE ANY DOWNLOADED APPLICATIONS IMMEDIATELY.

FOOD ORDERING AND DELIVERY SERVICES

This agreement provides the user permission to use our services or software applications. Our applications can be found on the, (Galaxy App Store) or (Apple App Store), our user or takeaways app (Eatogo Takeaways), our partner app (Eatogo Partners), and our driver app (Eatogo Drivers). This agreement also represents our online food ordering and delivery service website available at “(www.eatogo.co.uk) Customers Ordering Portal” Also this includes any sub-domains i.e. “(www.access.eatogo.co.uk) Restaurants Partner Portal” or any other domains provided by us at Eatogo Ltd.

USER RESPONSIBILITIES

(i) The user must keep their passwords secure and confidential at all times. (ii) The user is solely responsible for his or her user data and does not exclude any or all activities in their account. (iii) The user must use due diligence and make an effort to prevent unauthorized access to their account. (iv) The user must notify us promptly of any such breach or unauthorized access to their account. (v) The user must be over the age of 13 to use our services. (vi) The user must not access any of our services through a third-party account without the express consent of the account holder. (vii) The user must not threaten, harass or intentionally harm any employee, contractor or agent representing us. (viii) The user may only use our service per these terms and conditions stated here and any applicable law. (ix) The user agrees to comply with the above responsibilities and agrees not to assist or permit any person to engage in any conduct that is fraudulent or does not comply with the user's responsibilities.

DISCLAIMER

Food purchased for delivery or pickup from our partner restaurants must be consumed within 24 hours from the time of receipt of your order. Food that is left must be refrigerated once you have allowed it to be cooled down at room temperature and then stored at “4° Celsius or lower” if you wish to consume it within these 24 hours. When reheating food always heat up until it is piping hot all the way through i.e. “above 75°C for at least 30 seconds or more”. Food should only be reheated once only then consumed or discarded. If food has not been handled correctly through the proper re-heating or consumption within the safe period, we will not be held responsible.

As such, by making a purchase on www.eatogo.co.uk and confirming your acknowledgement of our Terms & Conditions, you and or any such person(s) release Eatogo Ltd in its entirety from any liabilities arising from the consumption of the aforementioned food items and agree that no legal actions will be taken against Eatogo Ltd in any such event.

WARRANTY

Our services, our websites, our applications, and any other content are provided “as is” and without warranties of any kind, either express or implied. Eatogo does not warrant or make any representations regarding the use of its services or applications, websites or content will be secure and error-free and if applicable free from software viruses or any programming errors.

INTELLECTUAL PROPERTY RIGHTS

Subject to the extent allowed by applicable law, Eatogo Ltd, its subsidiaries, affiliated companies, and any third-party contractors or sub-contractors disclaim any liability for copyrighted materials on their Site or Apps. All content on the Eatogo apps or websites, including any warranties (express or implied), is the responsibility of the individual restaurant owners. This includes any copyrighted content such as images, photos, and banners uploaded by our restaurant partners.

ALLERGENS, CARE, CUSTODY, AND CONTROL

Eatogo will not be held responsible for any of the following conditions; the care, custody or control of food from restaurants and takeaways, regarding allergens or the proper preparation of cooked or raw foods, or the receiving of a timely delivery. Regarding food allergens warning customers of the possibilities of food allergens such as peanuts is the responsibility of the restaurant from which they are ordering. The customer also has a duty of care for themselves to ask and to read such warnings and be reasonably ascertain to the contents of foods being ordered before consumption. Regarding Foodborne illness or food poisoning, the consumption of raw or under-cooked meats, poultry, seafood, eggs or shellfish, we cannot be held responsible for such issues again this is the restaurant's responsibility, and this doesn’t affect your statutory rights.

PROPERTY OF EATOGO LTD

All software apps, websites and not excluding the programming or coding used to create such software, defined in this agreement and any other technologies provided by Eatogo, as part of our service are the sole property of Eatogo, and its licensors, and all rights, title and interest in and to such items, including all associated intellectual property rights, remain only with Eatogo. The user may not remove or modify any proprietary markings or restrictive legends in the service or Apps. Eatogo reserves all rights unless expressly granted by us.

Eatogo does not warrant or make any representations regarding the use or the results of the use of the websites, materials and or any other content on the websites in terms of their correctness, accuracy, reliability, timeliness, completeness, currentness, or otherwise, including without limitation, the quality and timings of deliveries ordered on our websites and apps. Restaurants that have signed up as a “self-delivery model” are responsible for the food they deliver and also have the responsibility to deliver food on time, therefore, we cannot be held responsible, but this doesn’t affect your statutory rights.

The Eatogo apps provided by Eatogo, as part of the service or Apps are licensed to the user as follows: Eatogo, grants the user a non-exclusive, non-transferable license during the term of this agreement, to operate the service or apps, solely in connection with the service provided. Eatogo reserves the right to terminate this agreement and license at any time in its sole and unfettered discretion. The websites and the materials may not be copied, republished, uploaded, posted, transmitted, distributed in any way, and or modified without our express written permission.

PROPERTY RESTRICTIONS

The user may not (i) sell, resell, rent or lease the service or apps or use it in a service provider capacity (ii) use the service or apps to store or transmit infringing, unsolicited marketing emails, libellous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights (iii) interfere with or disrupt the integrity or performance of the service or the apps (iv) attempt to gain unauthorized access to the Service or apps or their related systems or networks (v) reverse engineer the service or apps or (vi) access the service or use the apps to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

PAYMENTS

Charges paid by you are final and non-refundable unless otherwise determined by Eatogo. A request for a refund must be made within 24 hours of placing the order. No refund will be issued for erroneous information you enter or for your failure to be available to provide information or answer questions (for example, fail to answer your phone or your door). Cancellation requests made within five minutes after the order is placed are eligible to be refunded to the customer with no questions asked. All cancellation requests outside of that period are at Eatogo’s discretion based on order status. Once the restaurant has begun to prepare your order, it cannot be cancelled.

WAYS TO PAY US

We have several ways in which you can pay, these are “cash on delivery”, “wallet payment” and “card payments” As regards too card payments we have two trusted payment providers (i) PayPal Payments and (ii) Strip Payments only.

AGGREGATED DATA

During and after the term of this agreement, Eatogo may use non-identifiable user data for purposes of enhancing the service, aggregated statistical analysis, technical support and other internal and external business purposes.

COMMUNICATIONS

By providing your mobile phone number, contact information and email address to Eatogo, you agree that Eatogo’s agents, representatives, affiliates, and or its third-party restaurant partners, may contact you by “telephone” “SMS messages”, “post”, “email” or by “push notifications”, and you hereby consent to receive such communications. You hereby consent that telephone calls and messages may be sent using an automatic system. If you provide a telephone number or other contact information for which you are not the subscriber, you understand that you shall indemnify us for any costs and expenses, including penalties, fines and attorneys’ fees, incurred as a result of our contacting or attempting to contact you.

UNSUBSCRIBING

You may unsubscribe from receiving non-transaction related SMS, and email messages from Eatogo at any time. This can be done by sending us an email to unsubscribe@eatogo.co.uk. However, as a condition of using our service, you are unable to opt out of transaction or order-related emails and text messages (order questions and or order status from Eatogo, its drivers, or third-party partners).

SUSPENSION OR TERMINATION

This agreement constitutes your rights as a consumer and will continue until either party terminates this agreement, with or without cause, upon termination, the user must uninstall and cease to use the website and or apps.

Accounts may be temporarily suspended or terminated due to an agreement breach by the user for the service provided, removal of any user data, or both. If in good faith you believe that an error has been made with judgment to this agreement, you may contact us with your reasons at our accounts department email address: accounts@eatogo.co.uk.

LIMIT OF LIABILITY

Eatogo, will not be liable for any direct or indirect, incidental or consequential damages arising out of or related to this agreement including, without limitation, the cost of delays, loss of profits, loss of data, or any other losses, even if it has been made known to us. Exceptional circumstances that may arise out of or related to this agreement whether in contract, tort or otherwise shall not exceed the amount paid by the user within the last three-month period before the event that gave rise to the liability in question.

INDEMNITY

If a third party brings a claim against Eatogo relating to the user of the said service, the user must defend, indemnify and hold Eatogo harmless from and against all damages, losses, and expenses of any kind including legal fees and costs relating to such claim, and regardless of who is at fault. The claims covered by this agreement include Any violation of any applicable law, ordinance or regulation relating to fraud, misrepresentation, defamation, invasion of privacy, and any other tort claims, penalties, reimbursement of expenses, and any claim for trade secret violations or unlawful competition, but not limited to, claims for, breach of contract or covenant, express or implied, personal injury, physical or emotional injury, discrimination or harassment because of race, gender, colour, religion, origin, ancestry, age, disability, medical conditions, marital status, sexual orientation, gender identity or any other characteristic protected by the UK/EU, applicable law, jurisdiction and judgments in the UK.

SUGGESTIONS OR FEEDBACK

By submitting ideas, suggestions or feedback to Eatogo regarding the service provided, (i) the user agrees that such items submitted do not contain confidential or proprietary information and (ii) the user hereby grants Eatogo an irrevocable, unlimited, royalty-free and fully-paid perpetual license to use such items for any business purpose.

ASSIGNMENT OR TRANSFER

Neither party may assign or transfer this agreement or an order to a third party, except that this agreement with all orders may be assigned, without the consent of the other party, as part of a merger, or sale of substantially all the assets, of a party.

INDEPENDENT CONTRACTORS

All parties are independent contractors to each other. Enforceability and Force Majeure – If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation force majeure events.

GOOGLE PLAY STORE REQUIREMENTS

IF THE USER HAS DOWNLOADED THE EATOGO APPLICATIONS FROM THE GOOGLE PLAY STORE, THE FOLLOWING TERMS APPLY.

Google Play Store End User License Agreement terms below are incorporated into this agreement for all purposes.

The user acknowledges that this agreement is only between the user and Eatogo, and not with Google. Eatogo is solely responsible for the services and the content it provides.

The license granted to the user for the said services with Eatogo is a limited and non-transferable license to use the said services on an “Android device” that the user owns or controls and as permitted by the usage rules in the Google Play Store Terms of Service agreement.

Your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service.

APPLE ITUNES APP STORE REQUIREMENTS

IF THE USER HAS DOWNLOADED THE APPLICATIONS FROM THE APPLE ITUNES APP STORE, THE FOLLOWING TERMS APPLY.

Apple iTunes App Store Terms of Service End User License Agreement terms below are incorporated into this agreement for all purposes.

The user acknowledges that this agreement is between the user and Eatogo, only and not with Apple, and that Eatogo, is solely responsible for the services and the content it provides.

The license granted to the user for the said services with Eatogo is a limited and non-transferable license to use the said services on an “iOS device” that the user owns or controls and as permitted by the usage rules in the Apple iTunes App Store Terms of Service agreement.

THIRD-PARTY BENEFICIARIES

The user acknowledges and agrees that Google or Apple’s subsidiaries are third-party beneficiaries of this agreement, and that, upon the user’s acceptance of the terms of this agreement, Apple and Google will have the right and will be deemed to have accepted the right to enforce the agreement against the user as a third-party beneficiary thereof.

MAINTENANCE AND SUPPORT

Eatogo is solely responsible for providing any maintenance and support services to the software and applications used to conduct its daily business. The user acknowledges that Apple and Google have no obligation whatsoever to furnish any maintenance or support services concerning the software used.

CONTACT INFORMATION

Please direct all questions, complaints or any claims to Eatogo Ltd. T/A Eatogo Takeaways, our registered address is: 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, Phone: +44 (0)7904314347, Email: support@eatogo.co.uk

Please note: That this policy is subject to change and we recommend checking this page regularly for updates.

Updated: 21st June 2024

167-169 Great Portland Street, 5th Floor, London, W1W 5PF, UK.