Terms and conditions
Please read these Terms carefully before ordering any Meals (as defined below) through the Application as your purchase of any Meals offered on the Application is subject to these Terms. By using the Application, you agree to be bound by these Terms. Please note that before placing your first Order (as defined below) you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order from the Application.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in section 20. Every time you wish to order Meals, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 21 February 2016.
These Terms are only in the English language.
1.1 We are Trybe Technologies Limited, a company registered in Ireland under company number 566716 and with our registered office at 45 Belmont Hall, Gardiner Street, Dublin 1, Ireland.
1.2 We provide a way for you to communicate your orders (Orders) for meals and beverages chosen on the menu on the Application (Meals) to be prepared by cooks who are displayed on the Application and delivered to the destination determined by you in the Application or picked up by you at the cook's registered location (Service).
2 Warrant of authority
By creating an account and placing an Order through the Application, you warrant that you are legally capable of entering into binding contracts and you are at least 16 years old.
3 Contracting mechanism
3.1 Our Application will guide you through the steps you need to take to place an Order with us. You may only place an Order through the Application following registration of an account.
3.2 Once you have selected the Meals you wish to order from the menus shown in the Application and provided all information which is required to complete your Order, you will be given the opportunity to submit your Order by clicking the relevant button. The order process allows you to check and amend any errors before submitting your Order to us. It is important to take the time to read and check your order at each page of the order process as once it is submitted, we will start processing your Order and it will not be possible to correct errors.
3.3 After you place an Order, we will begin processing it by sending it to the relevant cook. You will receive a notification from us via the Application, acknowledging that we have received your order.
3.4 The cooks may choose to reject an Order for any reason such as being too busy. We will notify you as soon as reasonably practical if your Order is rejected.
4 Changes and cancellation
4.1 Once you have submitted your Order and your payment has been authorised, you are not entitled to cancel, change or receive a refund for your Order.
4.2 If for any reason the cook is unable to fulfill your Order, or your Order is cancelled by us, you will not be charged for the Order. You will receive a notification via the Application to confirm such rejection or cancellation.
5 Delivery and pick-up
5.1 Estimated times for delivery and pick-up are only estimates. We will always try our best to meet estimated delivery and pick-up times. We, the cooks, or any party undertaking work on our behalf, do not guarantee that the Orders will be delivered or ready for pick-up within the estimated time. However, we will inform you as soon as reasonably practicable if we become aware of an unexpected delay.
5.2 Once the Order has been confirmed and the pick-up option has been chosen we will share the pick-up address via the Application.
5.3 If the pick-up option has been chosen, then you must endeavour to collect your purchased Meal within the agreed pick-up time. If you arrive to pick up your meal outside of the agreed times we can not guarantee that you’ll receive your food or a refund, if the food is no longer available.
5.4 When you pick up your meal from the cook's house you agree to act courteously and accordingly, and bare in mind you are doing so at someone's place of home where there may be other family members, young children sleeping, or neighbours nearby. You agree to keep noise levels appropriate and not to use any language or actions that could be regarded as aggressive, abusive or disrespectful.
5.5 We ask cooks to rate each pick-up experience referred to in section 5.3 and 5.4 of this document.
5.6 If the delivery option is chosen and insofar as we are using a partner for carrying out the delivery of your Order, you agree to be bound by the terms and conditions of our relevant delivery partner as condition for your Order.
6.1 The prices of the Meals will be as quoted on the Application at the time you submit your Order. We take all reasonable care to ensure that the prices of the Meals are correct at the time when the relevant information was entered onto the Application.
6.2 Prices for the Meals may change from time to time, but changes will not affect any Order you have already placed.
6.3 The price of the Meals includes VAT (where applicable) at the applicable current rate chargeable for the time being.
7.1 You can only pay for Orders using a debit card or credit card via the Application. The transaction will be processed by us as an authorised agent of the cook, and we will be shown as merchant of record on your credit card or bank statement.
7.2 Payment for the Meals will be taken at the point of purchase. Where your payment is not authorised, we will notify you and request alternative payment details.
8.1 If you are not satisfied with the quality of a Meal and you wish to seek a refund, a proportionate price reduction or any other compensation, please contact us via the Application within 48 hours of receiving your Order, to lodge a complaint. It is our responsibility to acknowledge this and we take on full responsibility for refunds and other methods of compensation.
8.2 In the event that we are prepared to issue you with a refund, a proportionate price reduction, or any other compensation, we release the relevant amount to the balance of the credit or debit card used to pay for the Order. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant cook will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account
9 Use of the application
9.1 The Application is made available free of charge.
9.2 We do not guarantee that the Application, or any content on it, will always be available or be uninterrupted or that any content on it, will be free from errors or omissions.
9.3 Access to the Application is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Application without notice. We will not be liable to you if for any reason the Application is unavailable at any time or for any period.
9.4 You are responsible for making all arrangements necessary for you to have access to the Application.
10 Intellectual property
10.1 Unless otherwise stated, the copyright and other intellectual property rights in the Application and in the material published on it (including without limitations, photographs and graphical images) or on our website are owned by us or our licensors. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 You may print off one copy, and may download extracts, of any page(s) from our Application or our website for your personal use.
10.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
10.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
11.1 We try to accurately provide descriptions, prices and allergenic warnings and other information in respect of the Meals. However, this information is provided by the cook and we do not undertake any such responsibility. If you are in doubt about allergy warnings, the contents of a dish or any other information, please contact us or the relevant cook via the Application so that we can confirm with the cook before ordering.
11.2 The legal contract for the supply and purchase of the Meals is between you and the cook who you place an Order with. We have no control over the acts or omissions of the cooks. You acknowledge and accept the following by using the Application:
11.2.1 We do not give any undertaking that the Meals ordered from any cook through the Application will be of satisfactory quality or suitable for your purpose and we disclaim such warranties;
11.2.2 We do not give any undertaking that the Meals will be free from any allergens and we disclaim such warranties;
11.2.3 Estimated times for delivery and pick-up are only estimates. We, the cooks, or any party undertaking work on our behalf, do not guarantee that the Orders will be delivered or available for pick-up within the estimated times;
11.2.4 We do not guarantee that the cooks will accept all Orders and the cooks have the discretion to reject Orders at any time; and
11.2.5 The aforementioned disclaimers do not affect your statutory rights against any cook.
11.3 We do not give any representation, warranties or undertakings in relation to the Application and the Service. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
12 Limitation of liability
12.1 Nothing in these Terms limits or excludes our liability for:
12.1.1 death or personal injury caused by our negligence;
12.1.2 fraud or fraudulent misrepresentation; or
12.1.3 any other liability which may not be excluded or limited by law.
12.2 Subject to section 12.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Application or Service (including the use, inability to use the Application) for:
12.2.1 use of, or inability to use, the Application;
12.2.2 use of or reliance on any content displayed on the Application;
12.2.3 any loss of profits, sales, business, or revenue;
12.2.4 loss or corruption of data, information or software;
12.2.5 loss of business opportunity;
12.2.6 loss of anticipated savings;
12.2.7 loss of goodwill; or
12.2.8 any indirect or consequential loss.
12.3 Subject to section 12.2, our total liability to you in respect of all losses arising under or in connection with the Application and the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order.
13.1 We will try and assist you wherever possible if you have any problems with your Order or the Service. You can contact us by via the Application or by email at email@example.com.
13.2 If your Order is taking longer than expected or you have any other problems with your Order, you can contact us or the relevant cook.
When using the Application or submitting Orders via the Application, you acknowledge that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Application.
15.1 We reserve the right to decline any new registration, terminate your right to use the Application with immediate effect, remove you as a user of the Application and/or suspend your use of the Application, if we believe in our sole discretion that you have breached any of these Terms or if you have received a poor collection rating (given by a cook).
15.2 Upon termination or suspension in accordance with section 15.1 you must cease using the Application immediately.
16 Force majeure
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in section 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of public or private telecommunications networks.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will use our reasonable endeavours to bring any Event Outside Our Control to an end or find a solution to enable us to perform our obligations under these Terms.
17 End user license agreement
Your use of the Application is governed by our End User Licence Agreement. Please take the time to read this, as it includes important terms which apply to you.
19.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these Terms.
19.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
19.4 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
19.5 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
20 Our right to amend these terms and conditions
20.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
20.2 Every time you place an Order, the Terms in force at the time of your Order will apply.