ZIMBLYEAT TERMS OF SERVICE
1. These terms 1
2. Information about us and how to contact us 1
3. Purpose 2
4. Your account 2
5. Our contract with you 2
6. Orders 3
7. Our products 4
8. Your rights to cancel 4
9. Our rights to cancel 4
10. Price and payment 5
11. Delivery 5
12. Age restricted products 6
13. If there is a problem with an Item 7
14. Our responsibility for loss or damage suffered by you 7
15. How we may use your personal information 8
16. Other important terms 8
- These terms
- What these terms cover. These terms apply when you order any menu items (“Items”) from our Zimblyeat.com website or mobile application (collectively, “Application”).
- Why you should read them. Please read these terms carefully before you ordering any Items from us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- Consumer protection. If you are a consumer, you have certain legal rights when you order Items using our website or mobile application. You can find more information about these rights at:
and from the Competition and Consumer Protection Commission, https://www.ccpc.ie. Your legal rights are not affected by these terms, which apply in addition to them and do not replace them. By setting up your Zimblyeat account, you confirm that you accept these terms.
- Information about us and how to contact us
- Who we are. We are ZIMBLY EAT TECHNOLOGIES LIMITED a company registered in Ireland. Our company registration number is 672511 and our registered office is at FDW House, Blackthorn Business Park Coes Road, Dundalk Co. Louth. Our registered VAT number is [NUMBER].
- How to contact us. You can contact us by telephoning our customer service team by writing to us at firstname.lastname@example.org
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Through the Zimblyeat food platform, we partner with operators of restaurants, cafés, bistros, food kiosks, canteens, delivery-only-kitchens, gastronomy departments in grocery stores and other food and meal production establishments (“Kitchen Partners”) to offer a curated menu of meals for sale under the Zimblyeat brand or sub-brands, a co-owned brand name, a partner or third party brand name or the Kitchen Partner’s own (virtual restaurant ) brand name).
- When you order an Item, Zimblyeat acts as an agent on behalf of a Kitchen Partner to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed an order, delivery of your Items will be arranged by Zimblyeat (“Zimblyeat Delivery”) or our Kitchen Partner (“Partner Delivery”) (each a “Delivery”) depending on the Item.
- Your account
- Before you can place orders for Items using our Application, you need to open a Zimblyeat account. When you open an account, you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
- You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff or couriers, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue with an order, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
- Our contract with you
- Nature of our contract with you.
- OUR CONTRACT WITH YOU IS ENTERED INTO BETWEEN ZIMBLYEAT (ACTING AS AGENT FOR AND ON BEHALF OF THE KITCHEN PARTNER) AND YOU.
- AS WE ARE ACTING ONLY AS AN AGENT IN RESPECT OF YOUR MEAL ORDER, WE ARE NOT THE PROVIDER OF THE MEAL AND ARE NOT LIABLE IN ANY WAY IN RESPECT OF THE PREPARATION OF THE MEAL. THE KITCHEN PARTNER WILL BE LIABLE FOR THE PRODUCTION OF THE MEAL. ALL FOOD AND MEAL PREPARATION IS THE SOLE RESPONSIBILITY OF THE KITCHEN PARTNER ACCEPTING THE ORDER.
- We do monitor our Kitchen Partners very closely and it is of utmost importance to us that they comply with our brand standards and help us to maintain our reputation. If you do have any questions, comments, complaints or praise regarding any meals shown or ordered on our website or app we would very much like to hear from you and you should direct all communication to [*].
- We shall if requested by you disclose to you the identity and other relevant details of the Kitchen Partner.
- How we will accept your order.
- When you place an order through our Application, it needs to be accepted by us before it is confirmed. We will send you a notification if your order has been accepted (the “Confirmation Notice”).
- The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice.
- You should also receive a confirmation email. Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address. Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact telephone number when ordering.
- You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these terms, even if you have ordered the Item for someone else.
- All Items are subject to availability.
- All information relating to the use of nuts or other allergens in the preparation of certain Items and displayed on our Application is derived from our Kitchen Partners. Zimblyeat cannot guarantee that any of the Items prepared by our Kitchen Partners are free of allergens.
- For the safety of our drivers, a driver will only deliver to the main door/reception when delivering to apartment blocks, flats or hotels.
- Minimum delivery spend may apply. This will be displayed on our Application.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Item. This might be because the Item is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Item or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Service availability. We offer a delivery service throughout Dublin]. We are rapidly expanding and as we expand into new territories and countries our delivery areas expand with us. Each Kitchen Partner has a prescribed delivery area. This is to ensure that the Items reach your door when they are at their best. If you live outside a prescribed delivery area, a message will appear on screen notifying you that ordering online will not be possible. Kitchen Partner opening hours will vary depending on local trading conditions and the availability of late opening licenses for Kitchen Partners.
- Our products
- Products may vary slightly from their pictures. Any images of the meals on our Application are for illustrative purposes only. Your Item may vary slightly from those images.
- Your rights to cancel
- You may cancel an order without charge at any time before the Kitchen Partner has started preparing the Item (a “Started Order”). If you wish to cancel an order before it becomes a Started Order, please contact us immediately, via our Application. If the Kitchen Partner confirms to us that the order was not a Started Order, we will refund your payment. If you cancel any order after it becomes a Started Order, you will be charged the full price for the Item, and if the courier has been despatched you will also be charged for delivery.
- Our rights to cancel
- Zimblyeat may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.
- Price and payment
- Where to find the price for the Item.
- The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery. Prices include VAT. You confirm that you are using our service for personal, non-commercial use unless you request a VAT invoice. Zimblyeat may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing.
- We take all reasonable care to ensure that the price of the Item advised to you is correct. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid. Where Zimblyeat or any Kitchen Partner make a delivery, a delivery fee may also be charged. This will be notified to you during the order process before you complete your order.
- When you must pay and how you must pay.
- Payment for all Items and deliveries can be made on our Application by credit or debit card, or other payment method made available by Zimblyeat. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Zimblyeat acting as agent on behalf of the Kitchen Partner.
- We are authorised by our Kitchen Partner to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Kitchen Partner. In some cases, you can alternatively make your payment in cash directly to the courier at the time of delivery. Where cash payment is possible, this will be made clear on our Application before you place your order.
- Delivery costs. The costs of delivery will be as displayed to you on our Application.
- When we will deliver the Item. When you place an order, you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery. For an ASAP Delivery, we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order. For a Scheduled Delivery, we will tell you the time when the Item is expected to be delivered; you must be available to accept delivery for ten minutes before and ten minutes after that time.
- Delays outside our control. Unfortunately, despite our, and our Kitchen Partners’ best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 15 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).
- If you need to change your delivery location. We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you let us know before the courier has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the courier has been despatched you will also be charged for delivery.
- If we are unable to deliver. You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
- you do not come to the door, did not pick up the phone when the courier contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the courier is unable to find a safe location to leave the food or
- the courier refuses to deliver the Item to you in accordance with section 12 (Age restricted products).
- Age restricted products
- Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. Zimblyeat operates an age verification policy whereby customers ordering age restricted products will be asked by the courier to provide proof that they are aged 18 or over. The courier may refuse to deliver any age restricted product to any person unless they can provide valid photo ID proving that they are aged 18 or over. The courier may refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.
- If there is a problem with an Item
- How to tell us about problems. If you have any questions or complaints about an Item, please contact us. You can contact our customer service team using our live chat or write to us at email@example.com.
- Your legal rights. You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.
- Certain matters taken into account when processing refunds or account credit. Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Kitchen Partner.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items, as summarised at section 13, or for defective Items under the Consumer Protection Act 2007.
- Matters for which we are not liable or responsible. Subject to the previous paragraphs, we are not responsible for any loss or damage that you suffer as a result of your own breach of these terms, or as a result of any IT hardware or software failure other than a failure in our Applications. In addition, as stated in section 5 above, as we are acting only as an agent in respect of your meal order, we are not the provider of the meal and are not liable in any way in respect of the preparation of the meal. The Kitchen Partner will be liable for the production of the meal. All food and meal preparation is the sole responsibility of the Kitchen Partner accepting the order.
- How we may use your personal information
- Other important terms
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.