Flipdish Terms of Use and Sale. (0)

 

Introduction

 

 

 

This App is owned by Flipdish and your access to, use of, placing of an order, linking to the App, use of software or downloading software (“access”) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the App (“Terms of use”).

 

Your Access to the App constitutes your agreement to be bound by the Terms of Use. We reserve the right to amend the Terms of Use at any time. Your continued use of the App will mean that you agree to the amended Terms of Use.

 

The Terms of Use of this App do not affect your statutory rights as a consumer.

"You", "Your", “User” means the person using this App and subject to these Terms of Use.

 

“App” means our mobile applications and/or websites and/or APIs.

"Flipdish", "We", "Us", or "Our" means Flipdish which is the the trading name for PRANDIUM LIMITED an Irish company registered in Ireland under company number 555703 and having its registered offices at Parkfield House, Mount Anville Road, Goatstown, Dublin 14

 

Our Purpose

 

We provide a way for you to communicate your orders ("Orders") for products ("Products") to delivery or takeaway restaurants ("Restaurants") displayed on the App (this also includes the “website”).

 

The purpose of this App is to provide a simple, convenient and cost-effective service to users, linking them to restaurants in their area that offer food for delivery or collection. Interactive menus allow customers to build and submit orders.

 

Limitation of Liability

 

To the extent permitted by law, Flipdish provides this App and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this App, or that it will be timely or error-free, that defects will be corrected, or that the App or server that makes it available are free of viruses or other harmful components.

Subject to the previous paragraph, neither Flipdish nor Flipdish directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this App.

We will not be held responsible for the food, drink or product delivered by partner restaurants. We are an intermediary that helps users to communicate their orders. We hold no responsibility for errors made leading to personal harm, injury, allergic reactions, or death.  As much as we try to ensure that our partner restaurants maintain the highest standards possible, the nature of our business means that we cannot be held responsible for the quality of the product. This is the sole responsibility of the individual restaurants. Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.

 

Intellectual Property

 

You may not republish, display, modify, broadcast, print, copy, reproduce, download, transmit or re-use the materials from this App for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.

All copyright, trade marks and other intellectual property rights in this App and its content (including without limitation the App design, text, graphics, logos, icons, images and all software, databases and source code connected with the App) are owned by or licensed to Flipdish or otherwise used by Flipdish as permitted by law.

Flipdish is a trade mark of Prandium Ltd. Trading as Flipdish.

 

Indemnity

 

You must indemnify and hold harmless Flipdish.ie, its directors, officers, employees, agents, vendors, advertisers, partners and suppliers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your Access to and use of this App, any breach or violation of the Terms of Use of this App or your violation of any law or your violation of the rights of any third party.

 

Availability

 

This App may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

Third Party Sites

 

This App may contain links to other websites. Those websites are not under the control of Flipdish and we are not responsible for the practices, content or availability of such websites. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site. We provide the links as a convenience only. If you decide to access linked third party websites, you do so at your own risk, and we will not be held responsible or liable for any loss or damages caused by use of or reliance on any contents, goods or services available on such websites.

You may provide a non-framed link to this App or website from any other business or service website but not in any way which gives the impression that we are associated with or have approved such other site, unless expressly agreed to by ourselves in writing.

 

Limitations of Use

 

This App is intended to be accessed by persons located in the Ireland and we make no representation that any information, materials or functions included in this App are appropriate for use in any other jurisdiction.

By using this App, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the App or  by contacting us at help@getflipdish.com

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

To use our service you must be over 18 years of age.

You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.

You may not use the App for any unlawful or unauthorised purpose, including without limitation:

1.     transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.

2.     Interfering with any other persons use or enjoyment of the App.

3.     Damaging, disabling or impairing the operation of this App or attempting to gain unauthorised access to this App or to networks connected to it, through hacking, spoofing or other such similar means.

4.     distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material

You may not access the services, use the app or website if you are our direct competitor, or an agent of our direct competitor, except with our express prior written consent. In addition, you may not access our services or use the app or website for the purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

User Submissions

 

We do not solicit nor wish to receive any confidential, proprietary information, creative materials, ideas or suggestions from you other than those we specifically request.

If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.

 

Orders

 

Flipdish endeavours to deal with reputable third parties who provide a quality service, however Flipdish accepts no responsibility or liability for the quality or quantity of any goods delivered by or collected from said third parties. It is the responsibility of the customer to thoroughly check the supplied goods before accepting an order.

All questions regarding goods shown on this App should be directed to the partner restaurant.

Please note that when we say your order has been ‘confirmed’ within the App this means that we have acknowledgement of your order, and the restaurant still has the right to decline the order. Acceptance of your order will only occur when we send you an SMS confirming that the restaurant has received and accepted your order. If the restaurant is unable to fulfill your order you will either receive an email/SMS/phone call or other notification stating that your order has been declined.

All food preparation and deliveries are the sole responsibility of the restaurant accepting the order.
Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address and contact telephone number when ordering.

It is your responsibility to keep your phone secure. You agree to be responsible for orders and charges made via your phone and/or via your account. Tips paid on orders with a partner restaurant will be shared equally between the partner restaurant staff and Flipdish. Tips paid on orders with a non-partner restaurant will be paid to Flipdish staff.

 

Communication

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. We reserve the right to contact you at any time via, and not limited to, SMS, push notifications, phone call, email and post. This condition does not affect your statutory rights.

 

Alcohol and Cigarettes

 

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. Cigarettes are not for sale to minors under the age of 16. Orders containing either alcohol or cigarettes can therefore not be accepted from minors.

Payment

Once your order has been accepted, this represents an agreement between you the user and the restaurant. The restaurant has sole responsibility for this order. Cash payments are made directly to the restaurant fulfilling the order. If you have chosen to pay with credit or debit card or other electronic payment method on the App then the transaction is processed by Flipdish.

All prices are inclusive of VAT and quoted in Euro.


Delivery and/or card charges are calculated per order and based on the policy of the individual restaurant.

Prices are subject to change and all goods are subject to availability.

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.

Cancellation      

You have the right to cancel an order up to the point the order is sent to the restaurant. This is normally within 60 seconds from the point at which you placed the order within the App.

While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.

An order may be subsequently cancelled by a restaurant after you have received a notification stating the order has been accepted. Flipdish and our partner restaurants reserve the right to cancel any order, before or after acceptance, and will notify you of any such cancellation.

Customer Ratings

The ratings shown on the App are the opinion of customers only. They do not represent our own opinions.

Termination

 

We reserve the right to decline a new registration, terminate your right to link to the App, remove you as a user of this App, and/or prevent any further use if you violate any of the Terms of Use. If we consider there to be a risk of liability or loss to us or our partner restaurants we may take any action deemed necessary to prevent such a liability or loss from occurring.

If we terminate your right to link to the App you must cease linking to the App immediately. Any person who holds a suspended or terminated membership must not order from or re-join this App without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.

Please note that we have the ability to trace your IP address, and if necessary, contact your ISP (or any other relevant service provider) in the event of a suspected breach of these Terms of Use.

 

Enforceability

 

If any part of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use.

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

Governing Law

 

The Terms of Use, Privacy Policy and any matter relating to this App shall be governed by Irish law and any dispute shall be resolved exclusively in the courts of Ireland.

 

Contact

All comments, questions and requests relating to your information are welcomed and should be addressed to help@getflipdish.com

 

 


Privacy Policy

At various stages throughout using the App we collect information including, and not limited to, your name, contact details (such as telephone and mobile numbers and e-mail address) and payment information (such as credit or debit card information). We may also collect information about your usage of the App and information about you from the materials (such as messages and reviews) you post to the App and the e-mails or letters you send to us. We may collect technical information from your mobile device or your use of the App through a mobile device, for example, location data and certain characteristics of, and performance data about, your device, carrier/operating system including device and connection type, use of mobile vouchers, IP address, mobile payment methods, address book data, interaction with other retail technology such as use of NFC Tags, QR Codes.

We reserve the right to use this information, not limited to, contacting you via SMS, email, Whatsapp, Post, Telephone Call at any time for reasons we see fit. We reserve the right to share this information with third parties including but not limited to partner restaurants and those within the food, drink, leisure, marketing and advertising sectors. We collect and use this information so that we can administer, support, improve and develop our business and services to you.

Any review or feedback you submit regarding the service or App can be used by us in any marketing materials. We will generally only use your first name and city of residence for this. Phone calls to and from Flipdish may be recorded.

 

We reserve the right to amend the Privacy Policy at any time. Your continued use of the App will mean that you agree to the amended Terms of Use.

We take steps to protect your information against unlawful processing and damage or loss. The transmission of information is not completely secure and therefore we cannot guarantee the security of your data transmitted to Flipdish, and is transmitted at your own risk.

Cookies

Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the App. If you do not accept to use these cookies you will be unable to use our App. By using our app you consent to the use of cookies.

Contact

All comments, questions and requests relating to your information are welcomed and should be addressed to help@getflipdish.com