Terms and Conditions
ACCESS TO THE FUDZ.CO.UK WEBSITE
The websites listed in APPENDIX A and the sub-domains ("the Website") are operated by ("the Publisher") UK Software Development Limited registered in England and Wales at Finsgate, 5-7 Cranwood Street, London, EC1V 9EE. Company Number: 06774120. Access to this Website is subject to the following terms:
BY ENTERING THE WEBSITE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE LEAVE THE WEBSITE IMMEDIATELY.
Access Your Access to the Site constitutes your agreement to be bound by the Terms of Use. We reserve the right to amend the Terms of Use at any time and you should periodically refer to them on this page and elsewhere on this site.
1. The Terms of Use of this Site do not affect your statutory rights as a consumer. "You" and "Your" means the person using this Site to order goods and subject to these Terms of Use. "fudz.co.uk", "We", "Us", or "Our" means: UK Software Development Limited
2. Purpose
The purpose of this Site is to provide a simple, convenient and cost-effective service to consumers who wish to buy food online or by mobile phone, linking them to takeaways in their area that offer takeaway food. Interactive menus allow customers to build and submit orders at the click of a button. By joining, members can view their order history, rate past orders, introduce friends and earn discounts.
3. Disclaimers and Limitation of Liability
To the extent permitted by law, fudz.co.uk provides this Site 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 Site, or that it will be timely or error-free, that defects will be corrected, or that the Site or server that makes it available are free of viruses or other harmful components.
Subject to the previous paragraph, neither fudz.co.uk nor FUDZ 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 Site.
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.
4. Intellectual Property
a. You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Site 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. b. All copyright, Trade Marks and other intellectual property rights in this Site and its content (including without limitation the Site design, text, graphics, logos, icons, images and all software, databases and source code connected with the Site) are owned by or licensed to fudz.co.uk or otherwise used by fudz.co.uk as permitted by law. c. fudz.co.uk and the FUDZ logo are Trade Marks of UK Software Development Limited.
5. Indemnity
You must indemnify and hold harmless fudz.co.uk, 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 Site, any breach or violation of the Terms of Use of this Site or your violation of any law or your violation of the rights of any third party.
6. Availability
This Site 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.
7. Third Party Sites
This Site contains links to other websites. Those websites are not under the control of fudz.co.uk and fudz.co.uk is 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 Site 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.
8. Limitations of Use
This Site is intended to be accessed by persons located in the UK and we make no representation that any information, materials or functions included in this Site are appropriate for use in any other jurisdiction.
By using this Site, 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 Site or by contacting admin@fudz.co.uk.
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 13 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.
Members' passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact password@fudz.co.uk immediately.
You may not use the Site for any unlawful or unauthorised purpose, including without limitation:
a. distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material b. transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice. c. Interfering with any other persons use or enjoyment of the Site. d. Damaging, disabling or impairing the operation of this Site or attempting to gain unauthorised access to this Site or to networks connected to it, through hacking, spoofing or other such similar means.
9. Feedback and User Submissions We do not solicit nor wish to receive any confidential or proprietary information from you. Nor do we wish to receive any creative materials, ideas or suggestions 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.
10. Placing an order
After you submit an order to us, we will give you an Order Number and send the details of this order in an email. Please note that this is acknowledgement of your order, not acceptance.
Acceptance of your order will only occur when we send you a further email confirming that the takeaway has received and accepted your order. If the takeaway is unable to fulfil your order you will receive an email stating that your order has been declined. Delivery of your order, fudz.co.uk will check that a takeaway delivers to your Post Code, if your Post Code is outside of their delivery area, you will have the option to collect the order, once it has been paid for.
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.
All food preparation and deliveries are the sole responsibility of the takeaway accepting the order. Please be aware that the takeaway will do everything they can to meet the delivery time you specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.
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.
Members can track the progress of their orders by viewing their Order History.
11. Refunds
fudz.co.uk endeavours to deal with reputable third parties who provide a quality service, however fudz.co.uk cannot be held responsible or liable for the quality of the food delivered by or collected from said third parties, however we do accept liability for complaints and refunds, and will deal with these accordingly after hearing arguments from takeaway and customer in question, we will only accept liability for the amount of the original order.
Should there be a problem with the food collected or delivered you will need to complete a Refund Request, this is available online or can be posted to you.
Please supply as much information as possible about your reason for the request. We will only accept a Refund Request if we are notified within 48 hours of the date and time of the incident. FUDZ will refund the full value of the original order, on receipt of a satisfactorily completed Refund Request.
Email address: refund@fudz.co.uk
12. Alcohol and Cigarettes
Pursuant to the Licensing Act 1964, 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.
13. Payment
Once your order has been accepted, this represents an agreement between you the customer, fudz.co.uk and the takeaway. The takeaway has sole responsibility for the fulfilment of this order. If you have chosen to pay with credit or debit card on the Site then the transaction is processed by fudz.co.uk as an authorised agent of the takeaway.
All prices are inclusive of VAT and quoted in British (Sterling) Pounds.
Delivery and/or card charges are calculated per order and based on the policy of the individual takeaway. Any delivery charges or card fees will be displayed clearly in your Order Summary.
Prices are subject to change and all goods are subject to availability.
14. Cancellation
You have the right to cancel an order up to the point the order is sent to the takeaway. Normally, this is approximately 60 minutes before the time you requested delivery or collection of the order.
Members can cancel an order via their Order History, while guests can use the "Cancel order" link in the confirmation email they received.
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 takeaway after you have received an email stating the order has been accepted; fudz.co.uk and our partner takeaways reserves the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
15. Exclusion of Right of Withdrawal
You do not have the right to withdraw your food order you made with the takeaway, if and when it concerns the delivery of food and drink, which a. is liable to deteriorate or to expire rapidly, or b. is made to the consumer’s specifications or clearly personalised
Deviating agreements have not been made between yourself and the takeaway.
16. Customer Ratings
The ratings contained on this Site are for informational purposes only and do not constitute advice. Nor should you rely on ratings to make (or refrain from making) or take (or refrain from taking) any action. Ratings are the opinions of customers who have ordered through the Site, and any statements, advice or opinions made by such customers are those of such customers only.